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Tenn. activists rally for ENDA executive order

Sanders faults nat’l groups for not providing strategy

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Barbara Stover (left), Darren Crawford (center) and Janet Moore protest for employment protections in Cookevile, Tenn. (photo by R.G. Cravens)

Faced with living in a state with no non-discrimination law protecting them, LGBT activists demonstrated in three Tennessee cities on Sunday to call on President Obama to issue an executive order barring federal contractors from engaging in job bias based on sexual orientation and gender identity.

Chris Sanders, president of the Tennessee Equality Project, said he organized the demonstration as part of 24 Tennessee groups because of a law signed last year by Gov. Bill Haslem (R) prohibiting cities from passing LGBT non-discrimination ordinances. That measure rescinded a contractor non-discrimination ordinance that passed a couple months earlier in Nashville.

“We had experienced in 2011 Nashville passing a contractor non-discrimination ordinance only to have the state nullify it,” Sanders said. “So, we have no option but this executive order and ENDA ahead of us in Tennessee. We have no hope for getting state employment protections at the state level when now we can’t even pass them in our city.”

The Obama administration has thus far withheld issuing an executive order along these lines. Just last week, White House Press Secretary Jay Carney said Obama prefers legislation known as the Employment Non-Discrimination Act because that measure would “provide lasting and comprehensive protections for LGBT people across the country regardless of whether they happen to work for a government contractor.”

A White House spokesperson declined to comment over the weekend about the Tennessee demonstration.

Protestors demonstrated at the three places in Tennessee: in front of the federal building in Memphis; in front of the Putnam County Courthouse in Cookeville and the War Memorial Plaza in Nashville. Sanders estimated that a total of 115 people showed up for the rallies: 30 in Memphis; 15 in Cookeville and 70 in Nashville.

The Tennessee Equality Project has also launched an online petition at the White House website calling on Obama to issue the executive order. As of Sunday evening, the petition had 4,700 signatures. If a total of 25,000 people sign the petition by Wednesday, the White House will issue an official response.

“If this item is signaled as a priority in our movement, which is what we’ve been reading, then we as our community ought to be showing that it’s important to us,” Sanders added. “That’s why did these rallies, that’s why we started the petition.”

Sanders didn’t limit his protest to the White House, but faulted national groups and bloggers for not providing a strategy to build grassroots support for the executive order, saying local activists “haven’t really been given marching orders of what we’re all supposed to be doing to get it done.”

“I would think that either the national bloggers or the national organizations that serve our community would have put together some public strategy for building support for it,” Sanders said. “I know they’re lobbying to get things going along, and we think that’s absolutely critical. We do that at the state and local level and we know the value of that, but you also have to build public support, and we haven’t seen a lot of that.”

Sanders declined to identify which national groups and bloggers weren’t doing enough on the executive order, but said he sent out the news release and didn’t find much interest.

“We’re just hoping that other states begin movement because we’re not getting a clear signal at the national level of what we’re supposed to be doing,” Sanders said. “Again, I thought the signal was clear that it’s a priority, but we’re supposed to do, that’s been ambiguous, so we just took matters into our own hands here.”

Tico Almeida, president of the national LGBT group Freedom to Work, said he agrees “it’s important to build public support for the executive order in addition to traditional lobbying” and said he undertook efforts to collaborate with the Tennessee activists and alert media about the demonstration.

“We were very glad to receive an email this weekend with a press release about the Tennessee rallies for the executive order, and we wrote back to Chris Sanders to offer our help getting the word out,” Almeida said. “We then forwarded the press release to the Washington Blade so that the Tennessee efforts could get news coverage. We are very eager to collaborate with any state or local LGBT organizations interested in pushing for the executive order and for ENDA the statute.”

The Human Rights Campaign, another national LGBT group calling for the executive order, didn’t respond to a request to comment on Sanders’ remarks.

Gray Alexander addresses the rally for employment non-discrmination protections in Nashville (photo courtesy Chris Sanders)

In addition to having a law prohibiting cities from passing non-discrimination ordinances, Tennessee has no state law on the books protecting LGBT people against job bias in the workforce. LGBT people in the state would need either federal action for protection, such as the executive order or passage of ENDA.

Among those demonstrating was Gray Alexander, who’s 15 and co-president of the gay-straight alliance at Martin Luther King, Jr., Magnet High School in Nashville.

Alexander, who identifies as pansexual, said he participated in the protest because he says the executive order is “the only way for us to get equality in the workplace.”

“It’s frustrating,” he said. “It’s an important thing that needs to happen for all our states. There’s no need discrimination based on gender identity and sexual orientation in the workplace anywhere in the U.S., or anywhere in the world.”

Alexander said he hasn’t personally been the victim of discrimination in employment, but says harassment of LGBT students in commonplace within his school.

“My school is a much more progressive school than other schools in the state, but there’s obvious discrimination based on sexual orientation,” Alexander said. “It’s not as confrontational as a lot of other places. A lot of it is just calling someone ‘gay’ or ‘faggot’ behind their back, or pointing at them as they walk by.”

Kal Dwight, who’s 21 and a transgender Memphis resident, said he demonstrated because as a volunteer at the Memphis Gay & Lesbian Community Center he’s seen employment discrimination against transgender woman.

“They definitely have a really hard time getting a job anywhere,” Dwight said. “Anytime we can get them more protections is good — especially here in the African-American community.”

Despite the stated reluctance on behalf of the White House, Dwight was optimistic that Obama would issue an executive order protecting LGBT workers.

“I think he’s going to do it; I just don’t think he’s going to do it right this second,” Dwight said. “I have faith that he’s going to do it.”

A prominent incident of alleged LGBT employment discrimination in Tennessee has occurred in recent years.

Former Belmont University head soccer coach Lisa Howe in 2010 may have been dismissed from her post because she’s a lesbian.

At the time, Howe and her partner were expecting a baby. After the Christian college denied her permission to share this information with her team, Howe resigned. According to an article in The Huffington Post, those familiar with the situation alleged Belmont University told Howe her sexual orientation wasn’t consistent with the school’s values and she’d would have to resign or be fired.

The school ultimately sent out a statement saying her removal was a mutual decision between officials and Howe.

According to a search on USASpending.gov, Belmont University is a federal contractor. However, as a Christian-affiliated school, the college may be still free to discriminate against LGBT workers even under ENDA or an executive order barring workplace discrimination because of the religious exemption.

Alexander recalled that incident and said the loss of Howe’s job was “unacceptable” — particularly because she did exceptional work as the soccer coach for the school.

“They went from losing professionally and to a winning season, and so then she wanted to come out, and she quit for working for them,” Alexander said. “The fact that she had to leave because she was gay, even though she was phenomenal soccer coach is really frustrating. Her track record didn’t make up for that fact that she was gay.”

According to the news release for the protests, a coalition of 24 Tennessee-based groups organized the demonstrations: Austin Peay State University Gay/Straight Alliance, Out & About Newspaper, Tennessee Tech Lambda, Tennessee Transgender Political Coalition, Nashville GLBT Chamber of Commerce, PFLAG Nashville, Greater Nashville Prime Timers, GLSEN Middle TN, Metro Human Relations Commission, Nashville Pride, OutCentral, Just Us at Oasis Center, PFLAG Maryville, Human Rights Campaign Nashville Steering Committee, CHOICES: Memphis Center for Reproductive Health, Vanderbilt Lambda Association, Tennessee Democratic Party, Latino Memphis, First Congregational Church Memphis Planned Parenthood Greater Memphis Region, Shelby County Democratic Party, Memphis Gay & Lesbian Community Center, Perpetual Transition, Tennessee Friends of People’s World and Tennessee Citizen Action.

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New York

Men convicted of murdering two men in NYC gay bar drugging scheme sentenced

One of the victims, John Umberger, was D.C. political consultant

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(Washington Blade photo by Michael K. Lavers)

A New York judge on Wednesday sentenced three men convicted of killing a D.C. political consultant and another man who they targeted at gay bars in Manhattan.

NBC New York notes a jury in February convicted Jayqwan Hamilton, Jacob Barroso, and Robert DeMaio of murder, robbery, and conspiracy in relation to druggings and robberies that targeted gay bars in Manhattan from March 2021 to June 2022.

John Umberger, a 33-year-old political consultant from D.C., and Julio Ramirez, a 25-year-old social worker, died. Prosecutors said Hamilton, Barroso, and DeMaio targeted three other men at gay bars.

The jury convicted Hamilton and DeMaio of murdering Umberger. State Supreme Court Judge Felicia Mennin sentenced Hamilton and DeMaio to 40 years to life in prison.

Barroso, who was convicted of killing Ramirez, received a 20 years to life sentence.

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National

Medical groups file lawsuit over Trump deletion of health information

Crucial datasets included LGBTQ, HIV resources

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HHS Secretary Robert F. Kennedy Jr. is named as a defendant in the lawsuit. (Washington Blade photo by Michael Key)

Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.

The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.

“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.

 “These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.

It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”

 The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question. 

A White House spokesperson couldn’t immediately be reached for comment on the lawsuit. 

While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management. 

The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.

 Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.   

“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.

 “Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says. 

Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”

 Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”

Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.

 “As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from  the Washington Blade. 

“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said. 

The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”

It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”

The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society. 

The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.

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U.S. Federal Courts

Federal judge scraps trans-inclusive workplace discrimination protections

Ruling appears to contradict US Supreme Court precedent

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Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas (Screen capture: YouTube)

Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas has struck down guidelines by the U.S. Equal Employment Opportunity Commission designed to protect against workplace harassment based on gender identity and sexual orientation.

The EEOC in April 2024 updated its guidelines to comply with the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), which determined that discrimination against transgender people constituted sex-based discrimination as proscribed under Title VII of the Civil Rights Act of 1964.

To ensure compliance with the law, the agency recommended that employers honor their employees’ preferred pronouns while granting them access to bathrooms and allowing them to wear dress code-compliant clothing that aligns with their gender identities.

While the the guidelines are not legally binding, Kacsmaryk ruled that their issuance created “mandatory standards” exceeding the EEOC’s statutory authority that were “inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.”

“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.

The case, which was brought by the conservative think tank behind Project 2025, the Heritage Foundation, presents the greatest setback for LGBTQ inclusive workplace protections since President Donald Trump’s issuance of an executive order on the first day of his second term directing U.S. federal agencies to recognize only two genders as determined by birth sex.

Last month, top Democrats from both chambers of Congress reintroduced the Equality Act, which would codify LGBTQ-inclusive protections against discrimination into federal law, covering employment as well as areas like housing and jury service.

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