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DENIED: White House says ‘no’ to ENDA exec order

Request for directive rebuffed at high-level meeting

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The Obama administration has categorically denied requests from LGBT advocates to issue an executive order protecting LGBT people against workplace discrimination at this time, according to individuals who took part in a White House meeting on Wednesday. The denial was corroborated by a senior administration official.

In a statement to the Washington Blade, Joe Solmonese, president of the Human Rights Campaign and among the attendees, said advocates were told the administration won’t take action to bar federal contractors from discriminating against LGBT workers.

“Earlier today, we were told that the administration is not ready to move forward with a federal contractor nondiscrimination executive order at this time,” Solmonese said. “We are extremely disappointed with this decision and will continue to advocate for an executive order from the president. The unfortunate truth is that hard-working Americans can be fired simply for being gay or transgender. Given the number of employees that would be covered by this executive order, it represents a critical step forward.”

Solmonese continued that extensive research and polling has been done demonstrating that the executive order would be a useful tool and would enjoy broad support.

“Ten years of HRC’s Corporate Equality Index, as well as the research of our partner organizations to include the Center for American Progress and the Williams Institute, demonstrate that there is ample rationale for this kind of order,” Solmonese said. “No similar executive order has ever had this kind of extensive research or factual basis established. While we believe that further study is unnecessary, we will continue to engage with the Administration to ensure that the case is made even stronger for workplace protections.”

Shin Inouye, a White House spokesperson, said in a statement on the meeting that Obama remains committed to legislation that would bar workplace discrimination against LGBT people known as the Employment Non-Discrimination Act.

“The president is dedicated to securing equal rights for LGBT Americans and that is why he has long supported an inclusive Employment Non-Discrimination Act (ENDA), which would prohibit employers across the country from discriminating on the basis of sexual orientation and gender identity,” Inouye said. “The president is committed to lasting and comprehensive change and therefore our goal is passage of ENDA, which is a legislative solution to LGBT employment discrimination – just as the president pressed for legislative repeal of [‘Don’t Ask, Don’t Tell’].”

A senior administration official, speaking on condition of anonymity, also said the administration doesn’t expect to issue an executive order on LGBT non-discrimination for federal contractors at this time.

“We are deeply committed to working hand-in-hand with the LGBT community to enlist support from key stakeholders and other decision-makers, and to continue to engage with and educate the business community and the public more broadly about the importance of employment nondiscrimination and the importance of passing ENDA,” the official said.

Another attendee at the meeting, gay Democratic lobbyist Robert Raben, corroborated that advocates were told the executive order wouldn’t happen, but the goal of the meeting was more to explore ways that the administration could address workplace discrimination facing LGBT Americans — primarily through legislative means.

“For me, it was a conversation about very, very interested and committed people about what the administration could be doing to make the case for … protections of people in the employment context,” Raben said. “What could they be doing to get ENDA moving? What should they be studying and understanding and what data do they need? … So for me, it was less about the tactic of an executive order and more about can we figure out how to work together to get ENDA over the finish line?”

Raben continued he felt many advocates in attendance at the meeting “focused on an executive order,” but he doesn’t fall into that category.

“That’s not my position,” Raben said. “I don’t live and die on a particular tactic. I’ve been working on the Employment Non-Discrimination Act for 20 years in January. … I don’t get worried about a particular tactic, I’m worried about how we change people’s minds so the Chamber of Commerce isn’t ridiculous about it.”

Raben added he has no idea whether the Chamber of Commerce has weighed in on an executive order barring workplace discrimination against LGBT people.

Others in attendance at the meeting who issued statements saying the administration wouldn’t issue an executive order barring workplace discrimination against LGBT people were Carey and Stachelberg.

Since the executive order is similar in its goal to ENDA, the directive has sometimes been referred to as the “ENDA” executive order. However, the order would be more limited in scope because it only affects federal contractors. Multiple sources, speaking on condition of anonymity, have told the Blade the Labor and Justice Departments have cleared such a measure and it’s awaiting action at the White House.

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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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National

Same-sex couples vulnerable to adverse effects of climate change

Williams Institute report based on Census, federal agencies

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Beach erosion in Fire Island Pines, N.Y. (Photo courtesy of Savannah Farrell / Actum)

A new report by the Williams Institute at the UCLA School of Law finds that same-sex couples are at greater risk of experiencing the adverse effects of climate change compared to different-sex couples.

LGBTQ people in same-sex couple households disproportionately live in coastal areas and cities and areas with poorer infrastructure and less access to resources, making them more vulnerable to climate hazards.

Using U.S. Census data and climate risk assessment data from NASA and the Federal Emergency Management Agency, researchers conducted a geographic analysis to assess the climate risk impacting same-sex couples. NASA’s risk assessment focuses on changes to meteorological patterns, infrastructure and built environment, and the presence of at-risk populations. FEMA’s assessment focuses on changes in the occurrence of severe weather events, accounting for at-risk populations, the availability of services, and access to resources.

Results show counties with a higher proportion of same-sex couples are, on average, at increased risk from environmental, infrastructure, and social vulnerabilities due to climate change.

“Given the disparate impact of climate change on LGBTQ populations, climate change policies, including disaster preparedness, response, and recovery plans, must address the specific needs and vulnerabilities facing LGBTQ people,” said study co-author Ari Shaw, senior fellow and director of international programs at the Williams Institute. “Policies should focus on mitigating discriminatory housing and urban development practices, making shelters safe spaces for LGBT people, and ensuring that relief aid reaches displaced LGBTQ individuals and families.”

“Factors underlying the geographic vulnerability are crucial to understanding why same-sex couples are threatened by climate change and whether the findings in our study apply to the broader LGBTQ population,” said study co-author Lindsay Mahowald, research data analyst at the Williams Institute. “More research is needed to examine how disparities in housing, employment, and health care among LGBT people compound the geographic vulnerabilities to climate change.”

Read the report

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Federal Government

Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations

New rules to take effect Aug. 1

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

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