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Advocates still pushing Obama on exec order

Mixed views on whether White House will change course

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Tico Almeida, executive director of Freedom to work, said he’s hopeful that President obama will change course and sign an executive order barring workplace discrimination against LGBT employees of federal contractors. (Blade file photo by Michael Key)

LGBT advocates and lawmakers on Capitol Hill continue to press President Obama to issue an executive order barring LGBT workplace discrimination among federal contractors, despite the announcement that the directive won’t happen at this time.

Though the pressure continues, there are mixed views about whether a change of course is likely to happen during Obama’s first term.

A Senate Democratic aide, who spoke on condition of anonymity, said “more than one Democratic office” on Capitol Hill is pushing the White House to reconsider the decision not to issue the executive order, although the source wouldn’t identify which offices were speaking with the White House.

“There are ongoing discussions, and I think there’s going to be senator-level discussions,” the aide said.

Asked what the response has been from the administration, the aide said White House officials weren’t “too sympathetic to the notion that the president should issue the executive order,” but predicted pressure from Capitol Hill would “grow louder and louder.”

The aide said Obama could still issue the executive order before the end of this term, saying, “I think there’s more than enough wiggle room that the White House has left itself.”

Advocates were told on April 11 during a high-level White House meeting that Obama wouldn’t issue such a directive at this time and prefers to pursue passage of legislation to address the issue known as the Employment Non-Discrimination Act.

Sen. Jeff Merkley (D-Ore.) criticized the White House publicly in a statement, and disappointment was echoed by Rep. Frank Pallone (D-N.J.), who circulated a letter among colleagues that urged Obama to sign the directive. Gay Rep. Jared Polis (D-Colo.) said he wished the president “was a little more aggressive” in combatting workplace discrimination in an interview with Roll Call.

Several LGBT advocates echoed the feeling that the fight is not over on the executive order and that the administration could issue the directive before the year is out.

“It is my understanding from conversations with Hill staffers that their bosses are privately engaging the White House to explain to them the mistake that was made by delaying the executive order, and encouraging them to fix the mistake sooner rather than later,” said Tico Almeida, executive director of Freedom to Work.

Almeida said he’s engaged in meetings with White House staff and is proposing further discussions to address remaining concerns about the executive order. He plans to fly in from across the country LGBT victims of workplace discrimination to meet with senior officials and members of Congress.

“I’m optimistic that the White House staff will take this very seriously and I maintain some hope that President Obama will correct the mistake made by White House staff, who decided to delay the executive order,” Almeida said. “I maintain hope that the president will sign it in May or June.”

Jeff Krehely, vice president for LGBT programs at the Center for American Progress, said his organization continues to have conversations with White House officials and has exchanged documentation about the executive order following the April 11 meeting.

“There have definitely been a couple of conversations thinking through whether there’s a need for additional research of perspectives on the problem,” Krehely said. “From CAP’s perspective, we’ve been clear that we’ve all in the advocacy community done quite a bit of research, shown the magnitude of the problem, the legal authority the president has to act on an executive order. I think we’re just having a conversation about making sure that everybody in all the different places in the administration is fully aware of all the research that’s been done to date on the issue.”

Brad Sears, executive director of the Williams Institute at the University of California Los Angeles, said his organization has taken part in meetings with administration officials on publicly available research the organization has showing businesses thrive when they have LGBT non-discrimination protections in place and that the executive order is legally sound.

“My impression from those meetings is the White House doesn’t have a question about either of those,” Sears said. “We believe that the policy research and the legal authority is there.”

According to a report published last week by the organization, 86 percent of all federal contractors protect against discrimination on the basis of sexual orientation and 55 percent on the basis of gender identity. The combined total means almost one-half of all federal contractors have LGBT protections, which amounts to more than $249 billion in federal spending.

Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, said his organization has joined in conversations with the White House on the executive order.

“Along with CAP and the Williams Institute, we are compiling all of our comprehensive materials for the White House that makes the case for this common-sense order,” Cole-Schwartz said. “While we continue to advocate for these workplace protections, we believe that the arguments have been ironclad even before we were informed that the White House would not be taking action at this time.”

A White House spokesperson didn’t immediately respond to a request for comment.

Krehely added he thinks there’s room for Obama to issue the executive order during his first term because White House officials didn’t deliver a hard “no” during the April 11 meeting, but rather said they weren’t issuing the order at this time.

But other LGBT advocates, who agreed to speak on condition of anonymity to be more forthcoming on their views, weren’t as optimistic and didn’t see a path for the executive order this year.

“They have doubled down on their strategy on the executive order,” one advocate said. “I don’t believe they will reverse their course. I think the EO is done until after the election.”

According to the source, the decision has implications for Obama’s 18-month long “evolution” on marriage.

“With respect to marriage, there are a lot of cards still to be played, like the convention and the ballot states,” the advocate said. “Unfortunately, the mood has turned dire in that if they didn’t let the EO proceed, it stands to reason that the president won’t announce a pro for marriage equality position before the election. I don’t know that for sure but it stands to reason.”

Another anonymous source who has an interest in building LGBT support for Obama in the election expressed a similar sentiment about the prospects for an executive order against workplace discrimination this term.

“The thing about executive orders is that he can issue them whenever he wants, but he’s not going to,” the source said. “In the meeting they made it very clear that they’re not going to do it.”

Another source with connections to the White House said political concerns played a role in the decision not to issue the executive order. According to the source, there are fears that issuing the order could give the impression that the White House is trying to bypass Congress and that such actions won’t play well in battleground states like Ohio, which could determine the outcome of the election.

In an interview with the Washington Blade last week, gay Rep. Barney Frank (D-Mass.) expressed a similar sentiment.

“I understand there’s a lot on the plate politically,” Frank said. “And there are concerns now — not about LGBT issues — but there’s a whole developing argument about his being too much unilateral. I don’t know if you saw the article in the New York Times about too much unilateral executive order, and I think that had more to do with it than the LGBT specifics.”

But two sources expressed confidence that Obama would issue the executive order in a second term if Congress fails to act on ENDA.

“I’d be very surprised if he didn’t do this in a second term, and I’d be very surprised if he didn’t come out for marriage in a second term,” one source said.

Since the April 11 meeting, Obama endorsed legislation that aims to protect LGBT students from bullying, known as the Student Non-Discrimination Act and the Safe School Improvement Act. Additionally, the Blade has learned that the White House plans to host another Pride celebration during the month of June.

Even so, some LGBT organizations have pledged to continue pressing for the executive order.

Heather Cronk, managing director for GetEQUAL, said her organization has had positive reactions in meetings that supporters have had with various Obama campaign offices on LGBT workplace discrimination.

“What we’ve discovered through those campaign actions is a lot of the campaign staff agreed with us that the president, the candidate they’re working for, should sign the executive order,” Cronk said. “It was clear to us that we didn’t actually want to do too hard-hitting action at some of those offices because we were finding that the staff and volunteers agreed with us.”

Supporters at Obama campaign offices in Virginia, Los Angeles, Austin and Laramie, Wyo.,delivered pens to campaign officials — in case the president couldn’t find something to write with — in a symbolic action to encourage the president to sign the order.

Next on the agenda for GetEQUAL, Cronk said, will be actions “more theatrical in nature” to drive the point less to the Obama campaign offices and more to campaign headquarters.

“The pressure isn’t letting off,” Cronk said. “We still have our foot on the gas and we still think there’s an opportunity for President Obama to do the right thing, and we’ll keep escalating until we either get another response from the White House with a more definitive ‘no,’ or get an affirmative response from the White House and see an executive signing in the next month.”

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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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