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ENDA exec order could protect 16 million workers: report

Williams Institute examines policy for non-discrimination, domestic partner benefits

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An executive order requiring federal contractors to have LGBT-inclusive non-discrimination policies would cover up to 16 million workers, according to a new study.

The report, published Monday by the Williams Institute at the University of California of Los Angeles, discusses the implications of a directive prohibiting federal dollars from going to companies without LGBT-inclusive non-discrimination protections as well as policy requiring them to provide health insurance to same-sex partners of employees.

M.V. Lee Badgett, the author of the report and the Williams Institute’s research director, said in a statement the study highlights “the powerful impact” of federal policy prohibiting LGBT discrimination and “continued progress already made toward protecting LGBT workers through state law and voluntary corporate policies.”

The study finds state laws or company policies already in place at federal contractors protect 61 percent of employees from discrimination based on sexual orientation and 41 percent from discrimination based on gender identity.

But an executive order from President Obama spelling out that companies receiving federal money can’t discriminate against LGBT workers would significantly expand protections, the report finds.

“We estimate that 11 million additional employees would gain protection against sexual orientation discrimination and 16 million employees would be protected against gender identity discrimination,” the report states.

Still, not all of these up to 16 million workers would identify as LGBT. Based on numbers that LGBT people make up 4 percent of the country’s workforce, the report estimates that the number of LGBT people who would gain protections as a result of the directive would be between 400,000 and 600,000 people.

The report also finds that a non-discrimination directive wouldn’t disproportionately affect defense contractors. According to the report, state law or company policy already covers 95 percent of employees at the companies from discrimination based on sexual orientation, while 69 percent of workers are protected based on gender identity.

Additionally, the study says the order wouldn’t place a heavier burden on small businesses because existing non-discrimination policies already equally cover employees in small, medium and large federal contractors — although Fortune 1000 employees have higher rates of coverage.

Tico Almeida, president of Freedom to Work, said the report is important because it shows millions would gain non-discrimination protections “once President Obama puts pen to paper and signs the document that is now sitting in the White House ready to go.”

“With an LGBT fairness record as impressive as Mr. Obama’s, I can’t think of a single legitimate reason he might not sign the order that two of his cabinet agencies have already recommended he sign,” Almeida said.

Multiple sources have told the Blade that the Labor and Justice Departments have cleared an administrative measure that would bar federal dollars from going to companies without LGBT-inclusive non-discrimination protections and have sent their recommendation to the White House for final approval. The White House hasn’t said one way or the other whether Obama will issue the directive.

The measure is sometimes known as the “ENDA” executive order because it would accomplish the same goals as the Employment Non-Discrimination Act, legislation that has stalled in Congress that would bar job bias against LGBT people in the public and private workforce. The executive order would only apply to companies doing business with the federal government.

The study also finds an order mandating that contractors provide domestic partner health benefit would have an impact, but come at little cost to companies.

Should the U.S. government require contractors to provide domestic partner benefits, between 14.3 million and 15.3 million more employees would have access to same-sex partner coverage. However, the study estimates between only 40,000 and 136,000 employees would sign up for coverage because not all of these employees are likely to have a same-sex partner, and even those that have them may not elect to receive benefits.

“Given the small number of employees who would take advantage of domestic partnership benefits across the tens of thousands of federal contractors, the ultimate burden on business for providing these benefits would be minimal,” Badgett concluded in a statement.

Findings in the study are based on on 2009 data from the Equal Employment Opportunities Commission’s EEO-1 reports, which are required for federal contractors with 50 or more employees that contract for at least $50,000, and for non-contractor employers with 100 or more workers.

 

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Pennsylvania

Pa. House passes bill to codify marriage equality in state law

Governor supports gay state Rep. Malcolm Kenyatta’s measure

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Pennsylvania Capitol Building (Washington Blade file photo by Michael Key)

The Pennsylvania House of Representatives on Wednesday passed a bill that would codify marriage equality in state law.

House Bill 1800 passed by a 127-72 vote margin. Twenty-six Republicans voted for the measure.

The Republican-controlled Pennsylvania Senate will now consider the bill that state Rep. Malcolm Kenyatta (D-Philadelphia), who is the first openly gay person of color elected to the state’s General Assembly, introduced. Democratic Gov. Josh Shapiro supports the measure.

“Here in Pennsylvania, we believe in your freedom to marry who you love,” said Shapiro on Wednesday. “Today, the House has stepped up to protect that right.”

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Florida

DeSantis signs emergency bill that restores Fla. ADAP funding

Temporary funds to last through June 30

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Republican Florida Gov. Ron DeSantis (Screen capture/NBC News)

After the Florida Department of Health made huge cuts to the AIDS Drug Assistance Program in January, Republican Gov. Ron DeSantis has signed emergency legislation restoring HIV access to more than 12,000 Floridians.

Two months ago, as the Washington Blade reported, the Sunshine State cut the vast majority of those in ADAP by shifting the income levels required for eligibility — without following standard procedure when changing government policy outside of legislative or executive action.

The bill, signed by DeSantis on Tuesday, passed both chambers of the Florida Legislature unanimously and appropriates $30.9 million in emergency bridge funding through June 30, 2026. It restores Florida’s ADAP income eligibility to 400 percent of the Federal Poverty Level — the level it was prior to the January cuts. The legislation also requires the FDOH to submit detailed monthly financial reports to legislative leadership beginning April 1.

Under the old policy, eligibility would have been limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.

“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” Esteban Wood, director of advocacy and legislative affairs at AIDS Healthcare Foundation, said in a statement.

The detailed reports now required to be sent to legislative leadership must include all federal revenues and expenditures, including manufacturer rebates; enrollment figures by county and insurance status; prescription utilization by drug class; and any projected funding shortfalls. This is the first time the Legislature has required this level of financial transparency from the program.

DeSantis signed the legislation one day after a Leon County Circuit Court judge denied AIDS Healthcare Foundation’s request for an injunction to block the significant changes the DeSantis administration is making to the program, which it claims faces a $120 million shortfall for calendar year 2026.

AIDS Healthcare Foundation, a national organization focused on protecting and expanding HIV healthcare access and prevention methods, filed a lawsuit over the change in eligibility, arguing the Florida Department of Health did not follow the laid out path for formally changing policy and was acting outside established procedures.

Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AIDS Healthcare Foundation, none of these steps occurred.

The long-term structure of ADAP will be determined by the 2026–2027 fiscal year state budget, something that lawmakers have until June 30 to finish.

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Federal Government

Markwayne Mullin confirmed as next DHS secretary

Okla. senator to succeed Kristi Noem

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The U.S. Senate confirmed Markwayne Mullin as the next secretary of Homeland Security on Monday, as the agency continues to grapple with what lawmakers have described as a “never-ending” funding standoff, with Democrats attempting to withhold funding from one of the nation’s largest and most costly agencies.

Mullin — a Republican senator from Oklahoma, former mixed martial arts fighter, and plumbing business owner — was confirmed in a 54–45 vote. Two Democrats — U.S. Sens. John Fetterman (D-Pa.) and Martin Heinrich (D-N.M.) — sided with Republicans in supporting his confirmation.

The new agency head is expected to follow the policy direction set by President Donald Trump, emphasizing stricter immigration enforcement. This includes proposals to support immigration agents at polling sites and to cut funding to so-called “sanctuary cities.”

Mullin replaces Kristi Noem, who was fired earlier this month following a widely scrutinized 2-day congressional hearing on Capitol Hill.

During the hearing, Noem faced intense questioning over her response to several crises, including the fatal shooting of two American citizens in Minneapolis by U.S. Immigration and Customs Enforcement agents, a $220 million border security advertising campaign that featured her on horseback near Mount Rushmore amid one of the largest federal workforce reductions in U.S. history, and the federal response to major natural disasters such as the July 2025 Texas floods and Hurricane Helene in 2024.

Noem had previously drawn criticism for a series of policy decisions in South Dakota that broadly focused on restricting the rights of LGBTQ individuals. In 2023, she signed House Bill 1080, banning gender-affirming medical care for transgender minors. She also signed legislation and executive orders restricting trans athletes’ participation in women’s sports, as well as the state’s “Religious Freedom Restoration Act,” which critics argued enabled discrimination against LGBTQ individuals. Additionally, the state canceled contracts related to LGBTQ support services — including suicide prevention and health care navigation programs‚ and later agreed to a $300,000 settlement with trans advocacy group, The Transformation Project.

Despite her removal from DHS, Noem will remain in the Trump-Vance administration as a special envoy for the “Shield of the Americas,” an initiative aimed at promoting U.S. influence in the Western Hemisphere, including efforts to counter cartel networks, reduce Chinese influence, and manage migration.

The new head of DHS has served in Congress since 2013, in both houses of the federal legislature. While in the Senate and a member of the Health, Education, Labor, and Pensions (HELP) Committee, Mullin has been a vocal critic of policies aimed at expanding LGBTQ inclusion. He led a group of lawmakers in urging the Administration for Community Living to reverse a rule requiring states to prioritize Older Americans Act services based on sexual orientation and gender identity, arguing the policy could have unintended consequences.

Mullin also makes history as the first Native American — and a citizen of the Cherokee Nation — to lead the Department of Homeland Security. He was also among the 147 Republicans who voted to overturn the 2020 presidential election results despite no evidence of widespread fraud, and was present in the U.S. House of Representatives chamber on Jan. 6.

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