News
Despite shutdown, activists continue to engage on ENDA
Advocates say they’re meeting with lawmakers on LGBT bill during budget crisis
Advocates say work on ENDA continues despite the government shutdown. (Washington Blade file photo by Michael Key)
Despite the ongoing stalemate in Congress in the second week of a government shutdown, advocates say they’re undaunted in their efforts to pass pro-LGBT legislation.
LGBT rights supporters say they remain engaged on a high-priority bill, the Employment Non-Discrimination Act, and assert plans for a vote in the Senate this fall remain unchanged.
Christian Berle, legislative director for Freedom to Work, said he doesn’t expect the shutdown to have any impact on the timing of an ENDA vote.
“We’ve always believed the most likely window for a Senate vote on ENDA was between the last week of October and Thanksgiving, and we think we’re still on track for that timing,” Berle said.
Even as Congress focuses on finding an agreement to restore funds to keep the government in operation and raise the nation’s debt limit, advocates say they met last week with lawmakers to build support for ENDA.
Rea Carey, executive director of the National Gay & Lesbian Task Force, said the shutdown “will not shut us up” on issues like ENDA as well as immigration reform.
“It’s always the right time for rights and protections: that’s why we were on the Hill last week pushing for ENDA with the members and their staff who remain at their desks during the shutdown,” Carey said. “Just because some members of Congress don’t want to do their jobs, doesn’t mean that we should stop doing ours.”
Similarly, Berle said last week Freedom to Work “had a very productive discussion” with an undeclared Republican senator who was eager to learn about the bill.
“While senators are focused, on both sides of the aisle, on resolving the government shutdown, they can walk and chew gum at the same time,” Berle said. “We have been actively engaging with our allies on the Hill, while continuing to lobby the swing votes.”
Berle declined to name the undeclared senator with whom he spoke, but said the lawmaker is “actively considering” support for the bill.
Although LGBT advocates are saying the trajectory for ENDA is unchanged, lawmakers close to ENDA are silent during the government shutdown.
Emails to the offices of Senate Majority Leader Harry Reid (D-Nev.); Sen. Jeff Merkley (D-Ore), ENDA’s chief sponsor; and Senate Health, Education, Labor & Pensions Committee Chair Tom Harkin (D-Iowa) were returned with automatic replies that the offices were closed.
A Senate senior Democratic aide, who spoke on condition of anonymity, said he hasn’t heard about ENDA discussions and “everything’s on hold” besides budget and debt negotiations. Still, he didn’t dispute that advocates are engaged on the legislation.
“That’s probably credible, but they also have to put on airs, or put up a face like they’re still doing the work on it,” the aide said. “But, honestly, we’re not going to get to anything until the week of Halloween. We won’t get to anything other than debt ceiling and government funding until Halloween week, so everything is on hold until we address those two things.”
Americans for Workplace Opportunity, the $2 million campaign whose steering committee consists of 11 groups seeking to pass ENDA, didn’t respond to multiple requests for comment on the status of its ENDA lobbying during the government shutdown. The campaign was scheduled to have a citizens lobby day on Capitol Hill to push for ENDA passage on Oct. 3.
As gridlock continues, it’s reasonable to question whether legislation that would prohibit discrimination against LGBT workers could reach the president’s desk during the current Congress.
Berle insisted the situation is different for ENDA when asked if the current impasse reflects poorly on the chances for passage of the LGBT bill.
“ENDA is not a partisan issue, unlike the budget and government funding, senators on both sides of the aisle are in ongoing discussion about the need for employment protections,” Berle said. “We are confident that ENDA will have the 60 votes necessary for cloture. We’re ready to pass these fundamental workplace protections.”
Berle added that there is time to push for ENDA in the House, where passage will be more difficult.
“Fortunately there are still 15 months in the current Congress to pass ENDA,” Berle said. “Freedom to Work is actively engaging not only with Senate offices, but are picking up Republican supporters in the House to help press the case for consideration and building a majority in the House of Representatives to make federal workplace protections for LGBT workers a reality.”
A shutdown for marriage equality lawsuits?
The shutdown could also have an impact on another route LGBT advocates are using to pursue LGBT rights: the federal judiciary. The website for the U.S. courts, as reported by ThinkProgress, at the time of the shutdown said the court would remain open for about 10 business days, but on or around Oct. 15, the judiciary will reassess the situation.
Jon Davidson, legal director for Lambda Legal, said it’s unclear at this time whether the shutdown will lead to a nationwide closure or impact the 35 marriage equality cases he counts pending before the judiciary.
“Federal courts will be operating at least until mid-October and thereafter, it will vary by courthouse, as each federal district and circuit makes its own independent budget decisions,” Davidson said. “Furloughs of nonessential federal judicial staff is likely to lead to postponements of pending hearings in many parts of the country, but I have not heard of any of the immediately upcoming hearings in marriage cases being delayed.”
The case for which a closure of the federal judiciary could have the most immediate impact is DeBoer v. Snyder, the federal lawsuit seeking marriage equality in Michigan. Oral arguments are set for Oct. 16, just about the time the federal judiciary will make a reassessment.
Rod Hansen, a spokesperson for the U.S. District Court for the Eastern District of Michigan, said he doesn’t expect oral arguments in the case will be affected by the shutdown.
“There is no way of being sure, but I doubt very much that it will be postponed,” Hansen said.
But Davidson said the shutdown is already having an effect on other parts of the federal court system that are important to LGBT people.
“Immigration courts have postponed hearings in matters not involving someone in detention, meaning delays for many individuals seeking asylum or binational married couples seeking green cards for the foreign spouse,” Davidson said. “Discrimination proceedings before the EEOC are being postponed, which is having a negative impact on several cases we are currently handling on behalf of LGBT and HIV-positive workers.”
House-passed NIH bill would fund AIDS research
As Congress hashes out the way forward, the House continues to pass bills to fund the government through a piecemeal approach without approving legislation that would restore operations to the government as a whole.
Among these bills is a measure to continue funds for the National Institutes for Health. As the Blade reported last week, the lack of funds for this agency has implications for HIV/AIDS because the shutdown put a freeze on new medical research related to the disease.
The White House has threatened to veto the legislation, saying a piecemeal approach to fund the government isn’t appropriate, and Reid indicated a lack of interest in bringing up the bill in the Senate, saying, “What right do they have to pick and choose what parts of government can be funded?”
Laura Durso, director of LGBT research at the Center for American Progress, rejected the idea of funding the government through a piecemeal approach and said her organization doesn’t support the bill.
“While this piecemeal approach to funding the government is not a sensible strategy, restoring funding to the National Institutes of Health will mean that coordination and execution of life-saving research will continue under agencies such as the Office of AIDS Research and the National Institute of Allergy & Infectious Diseases,” Durso said.
Chris Collins, director of policy for amfAR, said the government shutdown magnifies a larger problem of inadequate government funds for AIDS research and is keeping American scientists away from an international HIV vaccine conference taking place this week in Barcelona, Spain.
“The government shutdown is frustrating AIDS research in multiple ways,” Collins said. “It has already kept scores of U.S. government scientists away from an HIV vaccine conference this week. This, on top of a continued loss of purchasing power of NIH funding over the years, will slow down new discoveries in the fight against AIDS and other diseases.”
Meanwhile, LGBT people are among the estimated hundreds of thousands of federal workers who remain on furlough during the shutdown.
Just like during the shutdown 17 years ago, these workers seem headed to receiving compensation for the time they’ve been unable to work. On Saturday, the House passed a measure to restore their pay, but only after the funding for the government as a whole is restored.
President Obama endorsed the idea of providing these workers with pay for the time they were furloughed, saying, “That’s how we’ve always done it.”
On Monday, Defense Secretary Chuck Hagel recalled most civilian Pentagon furloughed employees back to work on the basis of Obama signing the Pay Our Military Act to continue funding for the armed services.
Capt. Valerie Palacios, spokesperson for the LGBT employee affinity group at the Pentagon known as DOD Pride, said her fellow LGBT employees look forward to getting back to their jobs.
“DOD civilians, LGBT or otherwise, are proud to go back to work to support the military, but we, along with military personnel and the defense industrial base, remain severely hampered in our ability to do work critical to National Security by the lack of funding to support key programs,” Palacios said. “We all look forward to the day when we can get back to this critical work. Our nation’s safety depends on it.”
World
Out in the World: LGBTQ news from Europe, Asia, and Canada
Slovenia court rules same-sex couples have constitutional right to assisted reproduction
SLOVENIA
The Constitutional Court has issued a ruling that laws barring same-sex couples and single women from accessing assisted reproduction are unconstitutional discrimination.
The court has left the laws in place while giving parliament one year to bring the laws governing assisted reproduction into compliance with the constitution.
The Slovenian LGBTQ advocacy group LEGEBITRA celebrated the ruling in a post on its web site.
“The decision of the Constitutional Court is a victory for all those who wanted to start a family in Slovenia and were unfairly deprived of this opportunity in the past. Rainbow (and single-parent) families are part of our society, and their children are part of the community in the country in which they live and grow up. It is only fitting that their story begins here,” the post says.
The Treatment of Infertility and in Vitro Fertilization Procedures Act has had its restrictions on single women and same-sex couples from fertility treatment targeted by progressive legislators since it was introduced in 2000.
Amendments that would have allowed single women to access in vitro fertilization were passed in 2001 but were immediately put to a citizen-initiated referendum, which voted them down.
Since then, the former Yugoslav republic has undergone a number of progressive changes, including joining the European Union in 2004 and gradually expanding LGBTQ rights.
In 2020, a group of legislators from the Left party asked the Constitutional Court to review the law, and the following year, their request was joined by the state’s Advocate for the Principal of Equality.
The court spent more than four years deliberating the appeal, during which time it also struck down laws banning same-sex marriage in 2022. Parliament later amended the law so that same-sex couples enjoy all rights of marriage, including adoption, but left the ban on assisted reproduction in place.
The Slovenia Times reports that the ruling was welcomed by the governing coalition, which includes the Left party. The government has pledged to move quickly to implement the ruling.
“This corrects one of the gravest injustices done to women by right-wing politics and the Catholic Church in Slovenia, who denied women the right to become mothers,” the Left said.
The case was brought by a group of left-leaning MPs four years ago — but perhaps the delay is related to the fact that in that time, the court also struck down the ban on same-sex marriage in 2022.
RUSSIA
Russian authorities raided three nightclubs in Moscow over the weekend as part of the state’s deepening crackdown on LGBTQ people and expression, Radio Free Europe reports.
The raids took place late Saturday night and early Sunday morning at the Mono, Arma, and Simach nightclubs in the capital. All three clubs have been known to host themed events for LGBTQ clientele.
According to Russian state-owned media outlet TASS and several Telegram channels, patrons, and employees of the clubs were forced to lie on the floor with their hands behind their heads before they were carted away in police wagons. Patrons and workers had their phones, laptops, and cameras seized and documents inspected
It’s not yet known what prompted the raids, although Russian authorities frequently claim to be inspecting for illegal substances and drug users.
Russian authorities have carried out several raids on LGBTQ establishments since the passage of a law banning positive portrayals or information about queer people in 2022. Last year, the Russian Supreme Court ruled that the “international LGBT movement” is an “extremist organization” and granted a request from the Ministry of Justice to ban it from the country.
Russia’s crackdown on LGBTQ rights has inspired copycat legislation among its neighbors, notably in Georgia, Belarus, and Kyrgyzstan.
CANADA
A small town in Northern Ontario has been fined C$10,700 (approximately $10,000) for its refusal to issue a Pride Month declaration or raise the rainbow flag.
The town of Emo population 1,300, which sits on the border with Minnesota about 200 miles northwest of Duluth, had been requested to issue the Pride declaration by Borderlands Pride in 2020 and raise the flag for one week, but the town council refused in a 3-2 vote, prompting a years-long legal battle.
Last week, that came to an end as the Ontario Human Rights Tribunal found the town and its mayor guilty of discrimination and ordered the town to pay Borderlands Pride C$10,000 in compensation, and the mayor to pay an additional C$5,000 ($3,559.92).
“We didn’t pursue this because of the money. We pursued this because we were treated in a discriminatory fashion by a municipal government, and municipalities have obligations under the Ontario Human Rights Code not to discriminate in the provision of a service,” Doug Judson, a lawyer and board member of Borderlands Pride, told CBC News.
The tribunal also ordered the mayor to take a Human Rights 101 training course offered by the Ontario Human Rights Commission within 30 days.
Mayor Harold McQuaker has not commented publicly on the ruling.
CHINA
Calls for Hong Kong government’s to officially recognize same-sex unions have intensified after the city’s Court of Final Appeal issued rulings last week that affirmed lower court rulings that found same-sex couples have equal rights to inheritance and social housing as heterosexual couples.
The ruling was in line with a similar ruling issued last year by the city’s top court, in which the city was ordered to provide legal recognition for same-sex couples by September 2025.
The new ruling with facilitate same-sex couples’ access to public housing, a vital need in one of the world’s most housing-crunched cities. The ruling also affirms that same-sex spouses can inherit public housing from a deceased spouse.
In both cases, the ruling only applies to spouses who have legally married overseas, because Hong Kong does not yet have a way for same-sex couples to legally register their relationships.
The nearest places where same-sex Hong Kong citizens can marry are Australia and the U.S. territory of Guam, with Thailand becoming available in the new year. Although same-sex marriage is legal in nearby Taiwan, residency requirements may block access there.
Although legislators have been slow to act on demands for civil unions or same-sex marriage, Hong Kongese same-sex couples have gradually gained access to more rights through court actions.
The Court of Final Appeal has previously ordered the government to have foreign marriages recognized for immigration purposes, to allow same-sex couples to file their taxes jointly, and to stepchild adoption.
National
Antony Blinken, USAID mark World AIDS Day
Officials reiterate Biden-Harris administration’s commitment to end pandemic
Secretary of State Antony Blinken and the U.S. Agency for International Development on Sunday marked World AIDS Day.
Blinken in his statement echoed the Biden-Harris administration’s call “for collective action with partners around the world to sustain and accelerate the great progress we have made toward ending HIV/AIDS as a public health threat by 2030.”
“Over the past four years, the State Department has worked tirelessly to save lives through the President’s Emergency Plan for AIDS Relief (PEPFAR),” the statement reads. “In partnership with foreign governments, PEPFAR has changed the trajectory of the HIV/AIDS pandemic and now supports more than 20 million people on lifesaving treatment across 55 countries around the world. Independent analyses have documented a direct link of this lifesaving work to economic growth across PEPFAR partner countries. Bipartisan action on a clean, five-year reauthorization of PEPFAR is essential to ending HIV/AIDS as a public health threat and to implementing the program’s plans to sustain success over the long term through partner country and community-led and managed programs.”
Blinken further stressed World AIDS Day “is a day to remember the more than 42 million lives lost to HIV/AIDS — a stark reminder of the threat this virus continues to pose if we do not ensure that partner countries have the vision and capacity to sustain a bold response.”
“We must continue to chart a course together that will help communities stay safe and prosperous by ending HIV/AIDS as a public health threat,” he said.
USAID spokesperson Benjamin Suarato in a statement echoed Blinken.
“Each year, we observe World AIDS Day to honor people living with and affected by HIV, remember those we have lost, and recommit to ending HIV as a public health threat by 2030,” said Suarato. “For decades, USAID has worked to support those affected by HIV, as well as the health workers, scientists, researchers, advocates, and communities dedicated to the HIV response.”
Suarato noted this year’s World AIDS Day’s theme, “Collective Action: Sustain and Accelerate HIV Progress,” “underscores the long-term leadership of the United States to galvanize global solidarity and make critical investments to reduce HIV transmission, improve access to treatment, and advance transformative partnerships to sustain a locally-led HIV response.” Suarato also highlighted PEPFAR has saved “more than 25 million lives and helped more than 5.5 million babies to be born HIV-free across 55 countries.”
“We recognize that ending HIV as a public health threat requires enduring cooperation with partner country governments, civil society, faith-based, and other non-governmental organizations, researchers, and scientists,” said Suarato. “It also requires us to continue to elevate the leadership of communities and individuals living with and affected by HIV. On this World AIDS Day, USAID reaffirms our dedication to collective action.”
President Joe Biden and first lady Jill Biden on Sunday will commemorate World AIDS Day at the White House. AIDS Memorial Quilt panels will be shown on the White House’s South Lawn for the first time.
The Washington Blade will have further coverage of the White House commemoration.
India
India’s Transgender Welfare Boards fail to meet trans people’s basic needs
Committees have only been established in 17 regions
Nineteen of India’s 28 states and eight union territories lack a functional Transgender Welfare Board, despite legal mandates.
Most of the boards that have been established in 17 regions operate without policies, compliance framework, or any substantial authority. This lack of oversight, combined with an absence of policies, has left transgender Indians without access to critical services.
India’s 2011 Census says there are 487,803 trans people in the country, yet only 5.6 percent have managed to apply for a trans identity card. These identity cards, essential for accessing government programs designed specifically for trans people, remain challenging to obtain, hindering access to crucial welfare programs.
Under the Transgender Persons (Protection of Rights) Act 2019 and its 2020 rules, 17 states and union territories, including Assam, Bihar, Chandigarh, Chhattisgarh, Gujarat, Jammu and Kashmir, Kerala, Maharashtra, Manipur, Meghalaya, Mizoram, Rajasthan, Tamil Nadu, Telangana, Tripura, Uttar Pradesh, and West Bengal, have notified the establishment of a Transgender Welfare Board. Rule 10(1) of the law, however, mandates all state and union governments must constitute a board to safeguard trans rights, promote their interests, and facilitate access to government welfare schemes.
Reports reveal most Indian states with a notified Transgender Welfare Board have held fewer than one meeting per year since their inception, raising concerns about the effectiveness of these boards. States such as Gujarat, Jammu and Kashmir, Chhattisgarh, Manipur, and Tripura have yet to disclose any updates on their boards’ activities. Notably, Gujarat’s Transgender Welfare Board, established in collaboration with UNAIDS in 2019, reportedly did not hold a single meeting until Oct. 14, according to board members.
Only a few states and union territories saw any regular activity from their Transgender Welfare Boards in 2023; with Tamil Nadu, Kerala, Chandigarh, and Maharashtra holding just four meetings each. Other states have held fewer meetings or none at all since the board’s formation.
In states like Mizoram, the Transgender Welfare Board has not held meeting since its creation.
In Manipur, the board has been virtually defunct since its establishment in 2017. Although the state’s reappointed the 17-member board last year, it included only minimal trans representation, with one trans woman and one trans man appointed.
The Punjab and Haryana High Court in 2022 criticized the Chandigarh Transgender Welfare Board for its insufficient activity, describing it as a mere “cosmetic feature” in a Public Interest Litigation filed by Yashika, a trans student. The court observed that the board had failed to meet regularly, hindering its ability to fulfill its duties and effectively support the trans community.
“Although the petitioner had submitted complaints in this regard to the Union Territory Administration, no relief was granted and, thus, it is essential to ensure that bodies such as the Transgender Welfare Board acquire teeth and do not remain cosmetic features,” said the High Court. “Meetings should be held more frequently so that issues likely to arise in the future can be anticipated.”
An Amicus Curiae the Kerala High Court appointed in 2021 reported the Kerala State Transgender Justice Board had not held a single meeting that year.
Since its creation under the Social Justice and Empowerment Ministry, the National Council for Transgender Persons has held only two meetings in the past four years. Reports also suggest that budget allocations for state Transgender Welfare Boards often vary based on the ruling political party.
Maharashtra in 2020 allocated approximately $602,410 to its welfare board, but no further budget was earmarked for the board after the government changed.
Souvik Saha, founder of Jamshedpur Queer Circle, an LGBTQ organization that conducts sensitization workshops with law enforcement and local communities, criticized the frequent inaction of Transgender Welfare Boards.
“As an LGBTQ rights activist and head of Jamshedpur Queer Circle, I find it deeply disheartening yet unsurprising that only 5.6 percent of transgender people in India possess a transgender ID card. This figure underscores the systemic barriers faced by the transgender community when accessing their rights,” said Saha. “The example of Gujarat’s Transgender Welfare Board, which despite its collaboration with UNAIDS was dormant for nearly four years, illustrates how bureaucratic inefficiency and lack of political will stymie progress. Similarly, Mizoram’s board has yet to hold a single meeting, reflecting the widespread neglect of transgender issues.”
Souvik further said the situation in Jharkhand mirrors these national trends.
The state’s Transgender Welfare Board, though established, has faced challenges in regular functioning and proactive policy implementation. Reports from local community members highlight that meetings are infrequent and the board’s activities lack sufficient outreach. Trans people in Jharkhand, as a consequence, face barriers in securing IDs and accessing welfare schemes, contributing to a continued cycle of marginalization.
Saha told the Washington Blade that inaction within Transgender Welfare Boards stems from a lack of political will, bureaucratic hurdles, social stigma, marginalization, and inadequate representation. His organization has encountered numerous stories reflecting these challenges, with community members expressing frustration over the stagnant state of welfare boards and the difficult process of obtaining official recognition. Saha emphasized that these systemic barriers leave many in the transgender community struggling to access the support and resources they are entitled to.
“For any meaningful change, it is essential that welfare boards function effectively, with regular meetings, transparent procedures, and active community involvement,” said Saha. “The government must take urgent steps to address these issues, enforce accountability, and collaborate with local LGBTQ organizations to bridge the gaps between policy and practice.”
Meera Parida, a trans activist from Odisha, told the Blade that while the previous state government implemented numerous welfare initiatives for trans individuals, it fell short of establishing a dedicated Transgender Welfare Board.
“Back then it was Biju Janata Dal party leading the state and now it is Bharatiya Janata Party (BJP) still there is no Transgender Welfare Board in the state,” said Parida. “After the Supreme Court’s judgement, it was our thought that some radical change is coming, nothing short of that happened. Most of the governments have no interest in it and that is why this is not happening.”
Parida told the Blade it was also her failure as she was associated with the previous government and in the party, but she was not able to convince her political party to establish a welfare board for trans people.
The Blade reached out to UNAIDS for reaction, but the organization has yet to response.
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