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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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2026 Midterm Elections

Chris Pappas wins NH Democratic Senate primary

Gay congressman running to succeed retiring U.S. Sen. Jeanne Shaheen

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U.S. Rep. Chris Pappas (D-N.H.) speaks at the LGBTQ+ Victory Fund's 2025 National Champagne Brunch in D.C. (Washington Blade photo by Michael Key)

New Hampshire Congressman Chris Pappas on Tuesday won the Democratic primary in the race to succeed retiring U.S. Sen. Jeanne Shaheen (D-N.H.) in the U.S. Senate.

Pappas defeated Karishma Manzur, who was his primary challenger, by a 61.8-36.1 percent margin.

The gay congressman will face off against former U.S. Sen. John E. Sununu, who defeated former U.S. Sen. Scott Brown in the Republican primary.

“Tonight’s victory sends a clear message that voters are looking for leaders who will fight for their rights, their freedoms, and to be treated with dignity and respect,” said Human Rights Campaign President Kelley Robinson in a statement. 

She campaigned for Pappas in Manchester, New Hampshire’s largest city, on Aug. 30.

“Chris Pappas has delivered results, stood up for equality, and showed up for the people he serves,” said Robinson in her statement. “HRC was proud to mobilize Equality Voters across New Hampshire to help power this win. We don’t have a second to waste between now and November. We look forward to continuing our work with Rep. Pappas as he drives toward victory in November so he can help return a pro-equality majority to the United States Senate.”

poll the University of New Hampshire Survey Center released on Aug. 26 showed Sununu ahead of Pappas by a 45-43 percent margin if they were to face off in the general election. The margin of error is +/-2.1 percent.

Pappas would become the first openly gay man elected to the U.S. Senate if he were to win in November.

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Georgia

Everton Blair makes history as first openly gay congressman from Ga.

Former Gwinnett County Board of Education member to serve remainder of David Scott’s term

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Everton Blair, Jr. (Photo courtesy of Blair's campaign website.)

Georgia made history last week when Everton Blair, Jr., was sworn into the U.S. House of Representatives, becoming the state’s first openly LGBTQ member of Congress and the latest LGBTQ addition to the chamber.

Blair, who represents Georgia’s 13th Congressional District, was sworn in on Sept. 1 after winning a special election to fill the vacancy left by the late-Congressman David Scott. Blair defeated Marcye Scott, the late congressman’s daughter, in the Aug. 25 runoff, winning 53.2 percent of the vote to Scott’s 46.8 percent.

He will serve the remainder of Scott’s term through Jan. 3, 2027. Blair is not running in the November general election for a full term.

Blair brings a progressive platform to Congress.

The 34 year-old supports Medicare for All, a Green New Deal, raising the minimum wage, and universal gun background checks. His campaign platform also included positions on LGBTQ rights, reproductive freedom, workers’ rights, climate, and gun violence.

Since joining the House, Blair has joined the Congressional Black Caucus and Congressional Progressive Caucus. He is also a co-chair of the Congressional Equality Caucus.

Before joining the House, Blair served on the Gwinnett County Board of Education, where he became the first Black member and youngest-ever member elected to the board, as well as its first openly gay member. He was later unanimously selected as chair.

Blair also served as a fellow in President Barack Obama’s White House Initiative on Educational Excellence that focused on improving academic outcomes and expanding opportunities for minority students.

The son of Jamaican immigrants, Blair was born and raised in Georgia’s 13th Congressional District. He earned a bachelor’s degree in applied mathematics from Harvard University, a master’s degree in policy, organization, and leadership from Stanford University, and a Doctor of Education Leadership degree from Harvard.

Blair’s campaign received endorsements from a number of organizations, including the LGBTQ+ Victory Fund and progressive Democratic groups such as Future Democrats.

The Equality PAC, a political action committee dedicated to electing openly LGBTQ candidates to office, celebrated Blair’s victory and provided a statement to the Washington Blade about the historic nature of his election.

“This is a historic election for Georgia, the South, and our entire country,” Equality PAC said in an email. “Everton Blair brings a strong record of public service and a deep commitment to making government work for working families.”

The group said Blair would “fight to lower costs, expand access to quality health care, create economic opportunity, and ensure every community has a voice in Washington.”

“At the same time, Everton understands the importance of standing up for equality and defending the rights and freedoms of LGBTQ Americans and every community facing discrimination,” Equality PAC said. “His historic election as Georgia’s first openly LGBTQ Member of Congress and the first openly LGBTQ man elected from the South is a powerful reminder of how far our country has come — and how much work remains.”

Equality PAC said it was “proud to welcome Everton to the House” and looked forward to working with him.

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U.S. Military/Pentagon

Pentagon expands testosterone screening as trans troops face hormone therapy restrictions

Defense Department says updated guidelines to be issued shortly

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Defense Secretary Pete Hegseth (Washington Blade photo by Michael Key)

The Pentagon has announced that new clinical guidance will be released establishing mandatory testosterone deficiency screening for active-duty and reserve cisgender male service members ages 30 and older, advancing a policy that expands hormone-related care for cisgender troops.

The Defense Department said the existing clinical guidelines, which are not currently available on the Defense Health Agency’s website, are being updated and that the final guidance will be issued shortly.

The announcement comes amid a wave of anti-transgender policies from both the DoD and the Trump-Vance administration, which continue to prohibit trans men from receiving the same treatment.

Under the forthcoming guidance, men ages 30 and older will be forced to undergo testosterone blood tests as part of their medical care. Younger male service members will be tested if they request screening or if clinicians identify warning signs of low testosterone.

The new guidelines formalize a screening program Defense Secretary Pete Hegseth announced in July, when he said the Pentagon would begin testing service members to ensure that “you have the right testosterone levels to operate at your absolute best.”

“Taking care of your long-term health means ensuring you remain strong, resilient, and capable — not just for your next deployment, but for the rest of your life, so you can thrive long after you take off the uniform,” Hegseth said at the time.

The Defense Health Agency’s clinical guidance says the program is intended to address “hormonal and energy-availability issues.” Hegseth said in July that testosterone replacement therapy would remain voluntary for service members if treatment is recommended.

The Food and Drug Administration is also scheduled to hold a meeting later this month with experts to discuss the medical use of testosterone.

The Pentagon’s push to routinely test testosterone levels runs counter to current medical guidance, which generally recommends considering testosterone therapy only for men who have symptoms consistent with low testosterone and have documented low hormone levels on two separate blood tests.

Testosterone is a sex hormone naturally produced by people of all sexes. It plays a role in regulating muscle mass, bone density, and sex drive. Testosterone levels in men naturally decline with age and have been associated with symptoms including erectile dysfunction, low libido, mood changes and weight gain, although experts continue to debate when testosterone therapy is medically appropriate.

The policy has drawn scrutiny from LGBTQ advocates because the Pentagon and Hegseth have simultaneously cited hormone therapy as part of the rationale for removing trans service members from the military.

Under President Donald Trump’s 2025 executive order, “Prioritizing Military Excellence and Readiness,” the military has moved to bar trans people diagnosed with gender dysphoria from serving and has begun formal administrative separation proceedings against trans personnel.

The Pentagon continues to pursue implementation of the trans military ban as litigation over the policy proceeds. As a result, some trans service members have had their gender-affirming hormone therapy halted even as the Pentagon expands testosterone screening and potential treatment for cisgender service members.

SPARTA Pride, a nonpartisan nonprofit organization made up of trans service members, veterans and their allies, criticized the disparity to the Washington Blade when Hegseth first announced the screening program.

“If hormone therapy helps warfighters perform at their best, then it cannot simultaneously be used as evidence that transgender service members are unfit to serve,” said Kara Corcoran, executive director of SPARTA Pride. “The same class of evidence-based medical treatment cannot be characterized as readiness-enhancing for one group and readiness-destroying for another.”

On June 1, the U.S. Court of Appeals for the D.C. Circuit ruled that trans service members already serving in the military could continue to do so while allowing the armed services to continue refusing to enlist new trans recruits.

The Blade reached out to the Pentagon when the testosterone screening program was first announced in July, asking why cisgender service members could receive testosterone therapy while transgender service members could not. The Pentagon did not respond.

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