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‘Rank & File’ union endorses ENDA executive order

Workers’ group approves pro-LGBT resolution

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A labor union that bills itself as an organization for “rank and file” workers adopted a pro-LGBT resolution at a recent convention that includes an endorsement for an executive order protecting LGBT people against workplace discrimination.

The United Electrical, Radio and Machine Workers of America last week approved the resolution on the need to end anti-LGBT discrimination at its 72nd national convention in Pittsburgh, Pa.

The two-page resolution, titled “End Discrimination Based on Sexual Orientation,” says the “most powerful weapon in the bosses’ arsenal is divide and conquer” and workers are strongest when they’re united, including on the basis of sexual orientation and gender identity.

“We all should have the same rights regardless of color, gender, age, or sexual orientation,” the resolution states.”Unity and solidarity are not conditions we take for granted. We must continue to educate ourselves and our co-workers to maintain and strengthen our unity in the face of employer efforts to divide the workforce.”

The second page of the resolution enumerates nine points by which to move forward with an end to anti-LGBT discrimination. The points include opposition to “attempts to codify marriage discrimination,” passage of the Employment Non-Discrimination Act and legislative repeal of the Defense of Marriage Act.

Additionally, the resolution endorses the idea of President Obama issuing an executive order prohibiting federal money from going to contractors that don’t have their own non-discrimination policies based on sexual orientation and gender identity.

The resolution “[c]alls on the Obama administration to issue an executive order expanding the nondiscrimination provision in federal contracts to prohibit discrimination based on sexual orientation or gender identity, which would have an extraordinary effect in helping to eradicate discrimination in workplaces receiving federal dollars.”

President Obama supports and campaigned on passage of ENDA, but where he stands on an executive order prohibiting LGBT workplace discrimination is unknown. The Obama administration hasn’t said one way or the other whether it will issue the order.

Chris Townsend, UE’s political action director, said his union has continually adopted standalone pro-LGBT resolution at its conventions, which are now held biennially, for about 15 years.

Townsend said the provision on the executive order was adopted because “it just struck us as something this White House could do” and union members wouldn’t want their employers to discriminate on the basis of sexual orientation or gender identity. He added he doesn’t know if this resolution is the first to mention such an executive order.

According to the ACLU, the resolution was adopted by voice vote and no delegates rose to object or amend the measure even though it went through the normal convention process in which there was opportunity to comment, support, oppose, or amend the document.

UE is made up of about 35,000 members. Half of them come from the manufacturing sector and half from the service industry. The Pittsburgh-based labor union recently celebrated its 75th anniversary.

Ian Thompson, the ACLU’s legislative representative, called the document “a groundbreaking resolution” and “a powerful statement of support for LGBT Americans, including those in our community who are proud union members.”

“By recognizing the devastating role that employment discrimination plays in the lives of far too many LGBT workers, the resolution is also a reminder of the refrain ‘an injury to one is an injury to all,’ Thompson said. “It is great to see a national labor union come out in such strong, unambiguous support of LGBT people.”

UE’s endorsement of the directive is similar to the support the endorsement has from Mary Kay Henry, who’s openly gay and president of the Service Employees International Union. Henry, who leads the fastest-growing labor union, endorsed the order in an interview with the Washington Blade in June at Netroots Nation.

Lawmakers who’ve endorsed the executive order are gay Rep. Jared Polis (D-Colo.), Sen. Jeff Merkley (D-Ore.), Sen. Tom Harkin (D-Iowa) and House Minority Leader Nancy Pelosi (D-Calif.).

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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