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54 groups to Obama: Time to act on ENDA order

Pressure builds on Obama to protect LGBT workers from discrimination

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Citizens Metal, Barack Obama, gay news, Washington Blade
Citizens Metal, Barack Obama, gay news, Washington Blade

53 groups are calling on President Barack Obama sign a directive barring anti-LGBT workplace discrimination (Washington Blade photo by Michael Key)

A coalition of 54 groups is ramping up pressure for President Obama to sign a heavily sought-after executive order barring federal contractors from discriminating against LGBT workers.

In a letter dated Feb. 20, a coalition of LGBT advocacy group and other civil rights organizations — such as those representing the black and Latino community — call on Obama to take administrative action to protecting workers from anti-LGBT workplace bias.

“Over the past 70 years, both Republican and Democratic presidents have used executive orders to ensure that taxpayer money is not wasted on workplace discrimination or harassment based on characteristics such as race, gender, and religion,” the letter states. “These contractor policies exist to this day, and they cover almost one in four jobs throughout the United States. It is now time for an executive order ensuring the same workplace protections for LGBT Americans.”

Standalone legislation that would provide broader protections for LGBT people, but has languished in Congress for decades, is known as the Employment Non-Discrimination Act.

Among the LGBT groups whose leaders penned their names to the letter are the Human Rights Campaign, Freedom to Work and GetEQUAL, which have previously called for the executive order.

Tico Almeida, president of Freedom to Work, drew attention to his organization’s petition calling for the executive order in a statement from the groups accompanying the letter.

“Nearly 175,000 Americans have signed Freedom to Work’s online petition asking President Obama to issue an executive order to save our taxpayer money from subsidizing workplace discrimination,” Almeida said. “We are grateful to the dozens of national organizations joining today’s letter to urge the President that the time to act is now.”

Other groups are the American Civil Liberties Union, the liberal think-tank the Center for American Progress and civil rights group such as the National Council for La Raza and Mexican American Legal Defense & Educational Fund.

Anthony Romero, executive director of the ACLU, said the executive order would build off existing policy put in place to protect workers against discrimination in previous administrations.

“By banning federal contractors from discriminating against LGBT Americans, President Obama would extend the commitment to non-discrimination first made by President Roosevelt more than 70 years ago when he signed an executive order integrating the nation’s shipyards and other worksites run by defense contractors,” Romero said. “Taking this action would result in at least some workplaces in all 50 states having legally binding protections for LGBT Americans — a first in our nation’s history.”

Another signer is the Leadership Conference on Civil & Human Rights, which last week sent its own missive to Obama calling for the directive, saying, “issuing an executive order to ban federal contractors from discriminating against LGBT employees helps promote equality for all individuals under the law.”

One of the arguments of the letter is that most top government contractors — such as Boeing, Raytheon, and Lockheed Martin — already have non-discrimination policies in place protecting LGBT workers in place and the new directive would “primarily impact those hold-out contractors that are still complicit in sanctioning anti-LGBT workplace discrimination or harassment.” According to the statement accompanying the letter, 57 percent of government contractors already have these polices in place.

The letter from the organizations comes on the heels of another missive last week from 37 senators calling on Obama to issue the directive. It’s also similar to a letter sent last year from 72 House Democrats saying the time is now for the directive.

Calls on Obama to issue the executive order have intensified since Republicans took control of the House in 2010 and passage of ENDA became unlikely. In April, the White House announced it wouldn’t issue the directive at this time and is still pursuing a legislative solution to the issue.

That’s been more-or-less been the message from the Obama administration since that time. However, the Washington Post reported last week that Obama is thinking about reversing the decision to withhold the executive order if lawmakers don’t act.

Shin Inouye, a White House spokesperson, reiterated the administration’s previous position in response to the latest letter.

“The president has long supported an inclusive Employment Non-Discrimination Act (ENDA) and his administration will continue to work to build support for it,” Inouye said.

UPDATE: An initial version of this article said 53 groups had signed the letter. The National Association for the Advancement of Colored People, or NAACP, signed on late, bringing the total number of groups to 54.

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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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