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Carney indicates ENDA vote won’t change things for executive order

White House spokesman reiterates legislative path ‘right way to go’

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Jay Carney, White House, gay news, Washington Blade
Jay Carney, White House, gay news, Washington Blade

White House Press Secretary Jay Carney indicated a success Senate vote on ENDA won’t change things for an LGBT executive order (Washington Blade photo by Damien Salas).

White House Press Secretary Jay Carney indicated Friday a successful vote in the Senate on the Employment Non-Discrimination Act won’t change the situation for an executive order against LGBT workplace discrimination.

In response to a question from the Washington Blade on whether the vote would change President Obama’s thinking, Carney reiterated the previously stated White House position that legislation is the best approach to LGBT workplace discrimination as opposed to administrative action.

“I think that what I would say is that we have long believed that legislation, an inclusive Employment Non-Discrimination Act, that would enshrine these protections into law is the right way to go,” Carney said. “You and I have this discussion periodically over the year, and that’s still our view. I’m not going to prejudge what’s going to happen in Congress. What I can tell you is that it’s come further than I think some people expected a year ago, and we want to continue to see that progress in Congress.”

When the Blade asked Carney to clarify whether his response was a “no,” Carney didn’t deny that characterization, saying, “I think I answered your question expertly.”

Much to the consternation of LGBT advocates, Obama has withheld issuing a heavily sought executive order that would bar federal contractors from engaging in LGBT workplace discrimination. While Republicans remain in control of the U.S. House, some observers say this administrative action is the only way at this time — even with progress in the Senate — to institute federal workplace non-discrimination protections based on sexual orientation and gender identity.

Carney addressed the Blade question about executive order after restating for reporters that Obama “has long supported” ENDA and is “making clear” that a “yes” vote on the legislation is right course of action. A cloture vote in the Senate is slated for Monday evening.

“The president has long supported an inclusive Employment Non-Discrimination Act, which would enshrine into law strong, lasting and comprehensive protections against employment discrimination on the basis of sexual orientation or gender identity, and his administration has and will continue to work to build support,” Carney said. “What we have seen is progress as that bill has moved through committee and now will get a vote in the full Senate. We’re making clear to every senator who may be on the fence or who may not have expressed support for it that we strongly believe that a ‘yes’ vote is the right vote on this legislation. So, we’re working towards that end.”

Asked whether he was confident the Senate will pass ENDA, Carney declined to make a prediction.

“I think counting votes in the Senate is something that experts in the Senate do,” Carney said. “We know that it’s the right thing to do and we totally support it.”

Tico Almeida, president of Freedom to Work, renewed his call for Obama to sign an executive order for LGBT workplace protections in response to the exchange with Carney.

“The best thing the President can do for ENDA is lead by example just as Republican and Democratic presidents both signed federal contractor executive orders before Congress passed the Civil Rights Act,” Almeida said. “President Obama should sign the order this month.”

Q: On Monday, it looks like the Senate will vote on the Employment Non-Discrimination Act for the first time since 1996, when it failed by one vote. What’s the White House to make sure that doesn’t happen?

Carney: The president has long supported an inclusive Employment Non-Discrimination Act, which would enshrine into law strong, lasting and comprehensive protections against employment discrimination on the basis of sexual orientation or gender identity, and his administration has and will continue to work to build support. What we have seen is progress as that bill has moved through committee and now will get a vote in the full Senate. We’re making clear to every senator who may be on the fence or who may not have expressed support for it that we strongly believe that a “yes” vote is the right vote on this legislation. So, we’re working towards that end.

Q: Are you confident that it will pass?

Carney: I think counting votes in the Senate is something that experts in the Senate do. We know that it’s the right thing to do and we totally support it.

Q: The passage in the Senate of the Employment Non-Discrimination Act, if it get passed through that one chamber, would that change the landscape for the president’s thinking on that executive order prohibiting LGBT workplace discrimination for federal contractors?

Carney: You’re asking me to predict whether or not it will pass the House?

Q: I’m asking you if the Senate passed ENDA, would that change the president’s thinking about the executive order for the LGBT workplace discrimination?

Carney: I think that what I would say is that we have long believed that legislation, an inclusive Employment Non-Discrimination Act, that would enshrine these protections into law is the right way to go. You and I have this discussion periodically over the year, and that’s still our view. I’m not going to prejudge what’s going to happen in Congress. What I can tell you is that it’s come further than I think some people expected a year ago, and we want to continue to see that progress in Congress.

Q: So that’s a “no.” The Senate vote is not going to affect the executive order?

Carney: I think I answered your question expertly.

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Politics

Smithsonian staff concerned about future of LGBTQ programming amid GOP scrutiny

Secretary Lonnie Bunch says ‘LGBTQ+ content is welcome’

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Lonnie G. Bunch III, secretary of the Smithsonian Institution, appears before a Dec. 2023 hearing of the U.S. Committee on House Administration (Screen capture: Forbes/YouTube)

Staff at the Smithsonian Institution are concerned about the future of LGBTQ programming as several events featuring a drag performer were cancelled or postponed following scrutiny by House Republicans, according to emails reviewed by the Washington Post.

In December, Secretary Lonnie G. Bunch III appeared before a hearing led by GOP members of the Committee on House Administration, who flagged concerns about the Smithsonian’s involvement in “the Left’s indoctrination of our children.”

Under questioning from U.S. Rep. Stephanie Bice (R-Okla.), Bunch said he was “surprised” to learn the Smithsonian had hosted six drag events over the past three years, telling the lawmakers “It’s not appropriate to expose children” to these performances.

Collaborations with drag artist Pattie Gonia in December, January, and March were subsequently postponed or cancelled, the Post reported on Saturday, adding that a Smithsonian spokesperson blamed “budgetary constraints and other resource issues” and the museums are still developing programming for Pride month in June.

“I, along with all senior leaders, take seriously the concerns expressed by staff and will continue to do so,” Bunch said in a statement to the paper. “As we have reiterated, LGBTQ+ content is welcome at the Smithsonian.”

The secretary sent an email on Friday expressing plans to meet with leaders of the Smithsonian Pride Alliance, one of the two groups that detailed their concerns to him following December’s hearing.

Bunch told the Pride Alliance in January that with his response to Bice’s question, his intention was to “immediately stress that the Smithsonian does not expose children to inappropriate content.”

“A hearing setting does not give you ample time to expand,” he said, adding that with more time he would have spoken “more broadly about the merits and goals of our programming and content development and how we equip parents to make choices about what content their children experience.”

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Africa

Upcoming Ugandan Census will not count intersex people

Advocacy group report documents rampant discrimination, marginalization

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(Image by rarrarorro/Bigstock)

Uganda’s national Census next month will not count intersex people.

The revelation about the exclusion of intersex Ugandans in the 9-day Census exercise that will begin on May 10 has been confirmed to the Washington Blade by the head of Uganda’s Bureau of Statistics.

UBOS Executive Director Chris Mukiza in response to the Blade’s questions on the issue said the agency has “no business with intersex.”

Their counting could have made Uganda the second African country and the third globally after Australia and Kenya to collect an intersex person’s data in a Census. 

Kenya’s 2019 Census determined there were more than 1,500 intersex people in the country.

Uganda had a population of 34.8 million, according to the country’s last Census that took place in 2014.

Intersex people in Uganda are among marginalized groups, subject to stigma and discrimination. The government has yet to recognize them as the third sex and consider them among other minority groups, such as people with disabilities, who enjoy special treatment.

Intersex people cannot be exclusively categorized as male or female for having a biological congenital condition with unique sex characteristics due to inherent and mixed anatomical, hormonal, gonadal, or chromosomal patterns that could be apparent before, at birth, in childhood, puberty, or adulthood.

Mukiza’s position of excluding intersex people in the Census, however, comes amid the prime minister’s office’s demands for inclusivity and equality for all the population. (The Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.”)

“We recognize that much work remains to be done particularly in addressing the needs of the marginalized and vulnerable communities, promoting inclusive economic growth, and combating climate change,” said Dunstan Balaba, the permanent secretary in the prime minister’s office.

Balaba spoke on April 18 during the National Population and Housing Census prayer breakfast meeting the UBOS convened. Religious leaders and other stakeholders attended it.

President Yoweri Museveni has noted that data from the country’s sixth national Census will be crucial towards achieving the nation’s Vision 2040 and help the government, non-governmental organizations, and donors in providing services to the diverse population.

“It will also provide the basis for planning the provision of social services such as education, health, and transport, among others at the national and local level,” Museveni said as he urged citizens to fully support the Census and provide accurate information.

Uganda has an intersex rights organization, “Support Initiative for People with Atypical Sex Development (SIPD),” which activist Julius Kaggwa founded in 2008 with the support of groups that advocate for children, women, and other marginalized populations.

Some of SIPD’s work as a non-profit, grassroots organization includes community outreach and engagement, sharing reliable information with the society for the protection of intersex people’s rights, and championing the need for organized medical and psychological support.

The organization, through its numerous reports, has decried human rights violations against intersex people that include surgery without consent, discrimination in homes, schools and medical centers, parents abandoning intersex children, and stigma due to lack of legal protection by the government.

Uganda’s Registration of Births and Deaths Act allows a parent or guardian of a child under the age of 21 to change the name or sex at the local registration office. The SIPD, however, maintains this law is discriminatory to intersex people over 21 who want to change their sex characteristics, and want parliament to repeal it. 

The intersex rights organization wants the Health Ministry to establish a central registry to register intersex children after they’re born in order to receive support in terms of healthcare, social and legal by the government and other stakeholders as they grow up. 

SIPD particularly wants the government to enact a policy that would allow a gender-neutral marker on birth certificates for intersex children to ease any change of sex in the future. The organization also wants the government, through the Education Ministry, to adopt a curriculum that also considers intersex issues in schools and creates a friendly environment for intersex children to learn and graduate like their non-intersex peers.

These demands follow SIPD’s findings that disclosed many intersex children were dropping out of school because of the stigma and discrimination they suffered. The organization has further called on the public-funded Uganda Human Rights Commission to live up to its constitutional mandates of defending human rights by leading the promotion and protection of the rights of intersex people across the country.

SIPD has also challenged religious leaders, who play a key role in Ugandan society and are influential at the local and national level, to promote acceptance of intersex people and to end discrimination against them.

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District of Columbia

Three of five LGBTQ candidates win race for DNC delegate from D.C.

32 candidates competed for 13 elected seats in party caucus

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John Fanning finished in first place in the race for DNC delegate. (Photo courtesy of Fanning)

Three out of five known LGBTQ candidates running for election as delegates from D.C. to the Democratic National Convention won their races at an April 20 Democratic Party caucus election held at D.C.’s Walter Washington Convention Center.

Ward 2 gay Democratic activist John Fanning finished in first place with 140 votes and Ward 8 gay Democratic activist David Meadows finished in second place with 127 votes in a race in which six male candidates committed to supporting President Biden were competing for three male seats in a section of the city designated as Congressional District 1, which included registered Democratic voters in Wards 1, 2, 6, and 8.

Ward 7 gay Democratic activist Jimmie Williams won his race, finishing in third place with 200 votes in a race in which eight male candidates committed to President Biden competed for four male seats in the Congressional District 2 section of the city that included Wards 3, 4, 5, and 7.

Gay Democratic activist Felipe Afanador lost his race, finishing in sixth place with 47 votes in the Congressional District 2 election for male candidates backing Biden. It couldn’t immediately be determined which of the four wards in District 2 he is from.

The Washington Blade didn’t learn about Afanador’s status as an LGBTQ candidate until the Capital Stonewall Democrats announced it one day before the April 20 party election in an email statement.

In the Congressional District 2 race among female candidates, in which eight candidates competed for three female seats, transgender rights advocate and Ward 3 Democratic Party activist Monika Nemeth lost her race, finishing in sixth place with 49 votes.

The five LGBTQ candidates were among 32 candidates competing for just 13 elected delegate positions in D.C. D.C. will have a total of 51 delegates to the Democratic Convention, but the other 38 include elected officials and party leaders who are considered “automatic” or appointed delegates. The Democratic Convention will be held in Chicago Aug. 19-23.

Observers familiar with the April 20 party caucus election said Fanning, Meadows, and Williams had participated in local D.C. Democratic Party events and activities for a longer period than Nemeth and Afanador and appear to have been better known among Democratic voters in their respective wards as well as other wards. Those factors contributed to their receiving significantly more votes than most other candidates, observers have said. 

In his candidacy statement posted on the D.C. Democratic Party website, Afanador said he worked on the 2020 Biden presidential election campaign in Pennsylvania. His LinkedIn page says in 2022 he began work in Washington for the Biden administration as an official in the U.S. Department of Agriculture.

Nemeth is a past president of D.C.’s Capital Stonewall Democrats, the city’s largest LGBTQ local political group, and has been an active member of the D.C. Democratic State Committee, the local party governing body. She served as a Biden delegate at the 2020 Democratic National Convention.

“It is important for our D.C. delegation to have strong LGBTQ representation,” Capital Stonewall Democrats said in its April 19 statement. “There are five LGBQ candidates running to be delegate, and Capital Stonewall Democrats asks that our members support each one,” the statement says.

“Unfortunately, they fell short, but they and all queer Democrats are welcome to attend and participate in convention events and activities sponsored by the national and local party,” Meadows told the Blade in referring to Nemeth and Afanador. “Our shared goal is to unite behind the Biden-Harris ticket to protect our LGBTQ rights from being dismantled by Donald Trump and the GOP,” Meadows said.

“Running for District Delegate is one of the most grassroots efforts,” Fanning told the Blade. “It’s very beneficial to align yourself on a slate with community leaders that have either previously run for District Delegate or have developed a constituency in their community from other civic engagements,” he said, referring to possible reasons for his, Meadows, and Williams’s election victory.

Aside from the D.C. elected LGBTQ delegates, two prominent D.C. LGBTQ Democratic leaders will be appointed as delegates to the 2024 Democratic National Convention in their role as members of the Democratic National Committee from D.C. They are Claire Lucas, a highly acclaimed Democratic Party and LGBTQ rights advocate and party fundraiser; and Earl Fowlkes, one of the lead organizers of D.C.’s annual Black LGBTQ Pride celebration and former president of the Capital Stonewall Democrats. Both are committed to supporting President Biden as the Democratic nominee for re-election.

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