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LGBT workers caught in standoff as ENDA blocked

Boehner won’t bring up bill; White House continues to withhold executive order

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John Boehner, Republican Party, Ohio, Republican National Convention, Florida, Tampa, United States House of Representatives, gay news, Washington Blade
John Boehner, Speaker of the House, GOP, Republican, gay news, Washington Blade

House Speaker John BoehnerĀ opposes the Employment Non-Discrimination Act. (Washington Blade file photo by Michael Key)

After Senate passage of the Employment Non-Discrimination Act, progress toward protecting LGBT workers has hit a wall amid an apparent standoff between the U.S. House and the White House.

On the one hand, U.S. House Speaker John Boehner (R-Ohio) has said he sees “no need or no basis” for ENDA, which would bar most employers from discriminating against LGBT workers. On the other, the White House insists the House of Representatives must take Ā action and is continuing to withhold an executive order prohibiting federal contractors from engaging in anti-LGBT discrimination.

Boehner made the comments in opposition to ENDA, articulating a view he previously expressed through a spokesperson, when asked by the Washington Blade last week whether he would allow a vote on the legislation despite his own misgivings about the bill.

“I think this legislation that Iā€™ve dealt with as chairman of the Education & The Workforce Committee long before I was back in the leadership is unnecessary and would provide a basis for frivolous lawsuits,” Boehner said. “People are already protected in the workplace. Iā€™m opposed to continuing this.”

LGBT advocates immediately pounced on Boehner’s remarks, saying there’s no basis to believe the bill would lead to “frivolous lawsuits,” citing a recent study by Government Accountability Office finding that the enactment of similar state laws have resulted in “relatively few employment discrimination complaints.” Advocates also notedĀ an employee can be fired for being gay inĀ 29 statesĀ andĀ 33 statesĀ have no protections for transgender workers.

The next day, the Blade asked White House Press Secretary Jay Carney whether Boehner’s continued obstruction of a House vote on ENDA has led to any reconsideration of an executive order from President Obama barring LGBT discrimination among federal contractors. Carney restated Obama’s support for ENDA and redirected attention to Boehner in his response.

“So we are not at all ready to believe that the fight is over in the House, because it is the presidentā€™s strong conviction that this is the right thing to do and that the arguments against it do not hold up to scrutiny or the test of history,” Carney said. “So weā€™re going to keep fighting for the House to take it up and urging the House to take it up.”

Despite the outward appearance of a standoff between the White House and the House of Representatives, LGBT advocates dismiss the notion of gridlock and say movement continues behind the scenes.

Tico Almeida, president of Freedom to Work, said some of the momentum seen in the Senate continues in the House.

“More than a dozen House members have joined as ENDA co-sponsors within the last month alone, and we just reached the 200 sponsor mark,” Almeida said “By the end of this week, Freedom to Work will have met with and lobbied more than 15 Republican House offices in the two weeks since the Senate vote, and we think the number of ENDA co-sponsors will continue to grow.”

Almeida predicted that ENDA “would pass if allowed to reach the floor of the House,” joining Senate Majority Leader Harry Reid (D-Nev.), House Minority Leader Nancy Pelosi (D-Calif.), Sen. Jeff Merkley (D-Ore.), Rep. Jared Polis and the Human Rights Campaign in making that assessment.

Laura Durso, director of the LGBT Research and Communications Project at the Center for American Progress, said the standoff on action for LGBT workers actually exists elsewhere.

“I personally see the standoff really between the Republican leadership in the House and the bipartisan majority of the American public, the bipartisan majority in the Senate who had supported ENDA,” Durso said.

Meanwhile, ENDA supporters are continuing to draw attention to the lack of federal workplace non-discrimination protections for LGBT workers.

Last week, a coalition of groups including the Movement Advancement Project, issued an update to its series of reports on the state of LGBT workers with a new study that examines the particular plight faced by LGBT workers of color.

The report, titled “A Broken Bargain for LGBT Workers of Color,” takes a broader look at issues for LGBT people of color other than workplace discrimination, but findsĀ they have higher rates of unemployment in comparison to their straight counterparts.

The unemployment rate for LGBT Asian and Pacific Islanders is 11 percent compared to 8 percent for straight Asian and Pacific Islanders; for LGBT Latinos it’s 14 percent compared to 11 percent for straight Latinos; and 15 percent for LGBT African Americans compared to 12 percent for straight African Americans.

Additionally, the report found unemployment rates for transgender people of color have reached as high as four times the national unemployment rate.

“Hiring bias andĀ on-the-job discrimination mean that qualified LGBTĀ workers of color may not have the opportunity to findĀ jobs that match their abilities and aspirations and thatĀ allow them to support themselves and their families,” the report concludes.

CREDO,Ā a progressive social change organization, has prepared an online petition calling on Boehner to allow a vote on ENDA. As of last week, more than 49,000 people had signed.

“The Employment Non-Discrimination Act passed the Senate,” the petition states. “Stop blocking an up-or-down vote, and let all members of the House go on the record about where they stand on equal rights in the workplace.ā€

Meanwhile, calls continue for President Obama to sign an executive order to bar LGBT discrimination among federal contractors. If the order were along the lines of Executive Order 11246 signed by President Lyndon Johnson, it would bar discrimination based on sexual orientation and gender identity for federal contractors that earn more than $10,000 a year in federal contracts.

Sarah Trumble, policy counsel for the centrist group known as the Third Way, saidĀ the White House may decide to issue the executive order “as a down payment” for LGBT workers while anticipating later action from Congress.

“Because these issues are actually separate, even if the White House does issue the executive order, we would still need ENDA and Speaker Boehner would continue to feel the pressure to give the bill a vote,”Ā Trumble said.

Almeida expressed frustration that the Obama administration continues to hold out on the executive order.

ā€œThereā€™s no need to wait months, or even wait days, before adding strong LGBT workplace protections to millions of American jobs,” Almeida said. “The unexplained delays by the Obama administration are perplexing.”

Almeida said that last week the company Bechtel, a global engineering and construction company, received a $143 million contract from the U.S. government even though protections for transgender workers aren’t included in its non-discrimination policy.

“The existing federal contractor Executive Order 11246 already bans sex discrimination, giving the Labor Department the authority to insert transgender protections into the language of contracts like the one Bechtel signed last week,” Almeida said. “But the Labor Department is sadly allowing those opportunities forĀ progress to slip away.”

Such action from the Labor Department, Almeida noted, would bring the existing executive order into alignment with the U.S. Equal Employment Opportunity’s decision in Macy v. Holder that found transgender discrimination amounts to gender discrimination prohibited under current law.

“We will keep pushing for both President Obama and Labor Secretary Perez to take concrete action to ensure American taxpayer money is not squandered on harassment or discrimination,” Almeida concluded.

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District of Columbia

Senate passes separate bill to avert $1.1 billion cut to D.C. budget

Bipartisan measure prompts Democrats to back GOP funding measure

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(Washington Blade photo by Michael Key)

In a dramatic turn of events, the U.S. Senate at 6:30 p.m. on Friday passed a free-standing bill proposed by Senate Minority Leader Chuck Schumer (D-N.Y.) that calls for amending the Republican-backed budget reconciliation measure to add language eliminating the measureā€™s call for a $1.1 billion cut in the D.C. budget.

Schumerā€™s announcement on the Senate floor that the bill, which was introduced by U.S. Sen. Susan Collins (R-Maine), had bipartisan support prompted eight other Democratic senators and one independent to join Schumer in voting for a motion enabling the GOP-backed budget measure to clear a Democratic filibuster requiring 60 votes to overcome.

The cloture motion to end the filibuster passed by a close margin of 62 to 38, with 37 Democrats who strongly opposed the GOP budget measure voting against cloture. Senator Rand Paul (R-Ky.) was the only GOP senator to vote against cloture. Ā 

The Senate then voted along partisan lines to approve the budget reconciliation measure that still includes the $1.1 billion D.C. budget cut provision in an action that averted a federal government shutdown that would have begun at 12:01 a.m. on Saturday, March 15.

Schumer pointed out in the Senate debate over the budget measure that the U.S. House of Representatives, which approved the budget measure containing the $1.1 billion D.C. budget cut four days earlier, will now also have to vote on the freestanding bill exempting D.C. from the House-initiated budget cut when it returns from its recess on March 24.

According to Schumer and others supporting the Collins bill, the bill enjoys bipartisan support in the House, which some political observers say is expected to pass the bill.

The Senate passed the Collins bill by voice vote without a roll call vote being taken after the Senate approved the budget reconciliation measure. 

The House budget reconciliation bill passed March 11 broke from longtime past practices for budget bills by declaring D.C. a federal agency and subjecting it to what D.C. Mayor Muriel Bowler and city officials called an unjustified city budget cut that would have a ā€œdevastatingā€ impact on D.C. residents.

The unexpected budget cut, if not reversed now by the House, would require the city to make large scale cuts in its current fiscal year 2025 budget that would impact a wide range of city programs, including programs impacting the LGBTQ community, according to observers.

In his remarks on the Senate floor, Schumer said he agreed with his Democratic colleagues who voted against the cloture motion that the GOP backed budget conciliation bill, which is backed by President Donald Trump, is a bad bill that will be harmful to the country.  

ā€œFor sure the Republican bill is a terrible option,ā€ Shumer said on the Senate Floor on Thursday. ā€œBut I believe allowing Donald Trump to take … much more power via a government shutdown is a far worse option,ā€ the Washington Post quoted him as saying.

Among those who chose not to join Schumer in voting for cloture to end the filibuster and allow the GOP budget measure to be approved were U.S. Sen. Tammy Baldwin (D-Wis.), the Senateā€™s only openly lesbian member, and the two Democratic senators from Maryland and Virginia.

But each of them spoke out strongly in favor of the Collins bill to exempt D.C. from the $1.1 billion budget cut.

D.C. officials had initially asked senators to amend the budget reconciliation measure itself to take out the provision calling for the D.C. budget cut. But such an amendment would have been far less likely to pass, and it would have required the House to approve it. With a House vote on that not likely to happen until March 24, the deadline would have been missed to avoid a government shutdown. 

Although Collins introduced the freestanding bill in cooperation with Schumer and with strong support from U.S. Sen. Chris Van Hollen (D-Md.), Senate observers believe the Collins bill would not have received as much support from Senate Republicans if Schumer had not worked out a deal with Senate GOP leaders to garner enough Democratic votes to end the filibuster and secure passage of the GOP budget reconciliation measure. 

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Kenya

Queer Kenyans with HIV/AIDS face double burden of stigma, discrimination

Advocacy group released findings of 2024 report on March 3

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Kenyan flag (Photo by rarrarorro/Bigstock)

Queer Kenyans living with HIV/AIDS face the double burden of stigma and discrimination due to their LGBTQ identities and HIV status.

The National Empowerment Network of People Living with HIV and AIDS in Kenya (NEPHAK)’s latest report notes this reality, while also revealing queer people stigmatize and discriminate against each other because of their HIV status.

The 2024 report titled “People Living with HIV Stigma Index Assessment,” which NEPHAK released on March 3, notes that although stigma and discrimination vary across different populations in Kenya, queer people are more affected because of the double burdens of LGBTQ identities and HIV-positive status.

ā€œFor instance, gays or men who have sex with men (MSM) reported feeling marginalized and devalued, often being labelled as immoral and worthless individuals with a bleak future,ā€ states the 78-page report. ā€œThey frequently bore the blame for their HIV-positive status and shunned by family, friends, and neighbors who caution their children against associating with them.ā€

The NEPHAK survey sampled a total of 1,305 people living with HIV/AIDS across the country, of which 322 or 24.6 percent were key populations that include gay men, transgender people, sex workers, and people who inject drugs. Eighty-five of the 322 people from key populations surveyed were gay men, while 60 were trans.

The surveyā€™s 21-member National Steering Committee of which Women Fighting AIDS in Kenya CEO Dorothy Onyango is chair, includes Solomon Wambua of the Key Populations Consortium, Ludfine Bunde from UNAIDS, and Allan Maleche from KELIN Kenya, a group that champions equal access to healthcare for LGBTQ people and others.

The reportā€™s general findings note that HIV-related stigma and discrimination remain a concern in Kenya, with low HIV disclosure levels within the family. For instance, it reveals 56 percent of respondents confirmed their spouses knew their HIV status, while only 28.7 said their children knew. The survey also notes roughly half of respondents said their partners were HIV positive, whereas 36.5 percent said their partners are negative.  

With regards to HIV testing, 62.5 percent of respondents voluntarily chose to get tested while 97.2 percent of respondents said they were on HIV treatment.  

The report also states 15.3 percent of respondents had their HIV status revealed to others by healthcare workers without their consent at healthcare facilities. Twenty-nine percent said they were unsure if their medical records are kept confidential.

The survey lists discriminatory remarks from other people at 27.8 percent, discriminatory comments from family members and friends at 24 percent, and verbal harassment at 22 percent as the top three HIV-related stigma and discrimination that people living with the virus face.

ā€œAs recounted by people living with HIV who participated in the 2024 Stigma Index study, there is no way the country will deliver on the 95.95.95 HIV Treatment targets and join the world in the path to end AIDS as a public health threat by 2030 if HIV-related stigma and discrimination is not tackled,ā€ Onyango.

She reiterated HIV-related stigma and discrimination continue to hamper HIV prevention efforts, treatment, and care interventions in all of Kenya’s 47 counties and among all populations.

ā€œStigma experienced by adolescent girls and young women and key populations, whether sex workers, men who have sex with men, transgender persons and people who inject drugs/ people who use drugs, remain high,ā€ Onyango stated.

The stigma breakdown for key populations by the report reveals 48.3 percent of trans people reported experiencing verbal harassment, 31.7 percent reported instances of blackmail, and 28.3 percent admitted they do not seek health care. Another 36.7 percent of respondents said their families discriminate against the because of their gender identity. Of the 60 trans people surveyed, 41, or 68.3 percent, said they belong to a network or support group for trans people.

Almost half, or 48.2 percent, of the 85 gay people surveyed said they experience verbal harassment and 50 percent indicated family and friends discriminate against them. Another 39.5 percent said they are afraid to seek health care; 38.8 percent avoided seeking medical treatment due to concerns about their identity being exposed, while 81.2 percent said they belong to an MSM network.

ā€œMany MSM felt compelled to conceal their identity and remained closeted, further isolating themselves from support networks. These discriminatory attitudes also deterred MSM from seeking essential healthcare services, as they feared judgement and condemnation,ā€ reads the report.

It further notes MSM basic rights are frequently disregarded or denied, making them vulnerable to verbal and physical assaults, insecure, and marginalized. Religious communities also promote stigma that further isolates gay people and contributes to their isolation.

ā€œI have experienced discrimination and stigma in church where the MSM have been branded evil and linked to sin. We have been called purveyors of immorality and disease by pastors,ā€ an unnamed MSM from Mombasa told NEPHAK researchers. ā€œAdditionally, there have been instances of discrimination among my MSM friends who are HIV negative, for example, when they refuse to share drinks with those of us who are HIV positive.ā€

Another MSM living with HIV noted disclosing his status is very difficult and their family and community because of stigma, even from a partner.

ā€œIt happened that I went to a certain facility and one of the health workers said to me, the activities you engage in (having sex with fellow men) should be prayed for so that you stop as they are putting you at risk,ā€ they told NEPHAK researchers.  

Some MSM living with HIV, however, noted joining support groups after they learned their status has had a positive impact.  

ā€œMeeting up with people who have the same status has been comforting,” one MSM told NEPHAK researchers. “This is because we get to share our ideas and experiences, as well as give each other advice on how to live positively.

The report urges relevant organizations and the Key Population Consortium to create awareness campaigns to tackle stigma and discrimination against queer people with HIV/AIDS. It also calls for households, communities, and relevant institutions to become more sensitive to the promotion and protection of the rights of people living with HIV/AIDS and working with religious leaders to address HIV-related stigma and discrimination.

The report further urges relevant health institutions and partner organizations to expand knowledge of the law, privacy and confidentiality among officials, administrators, clergy, and the general public.

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World

InterPride issues advisory for transgender, nonbinary people traveling to US

WorldPride to take place in D.C. from May 17-June 8

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(Washington Blade photo by Michael Key)

InterPride on Wednesday issued a travel advisories for transgender and nonbinary people who want to travel to the U.S. for this year’s WorldPride.

“Due to an executive order issued by the U.S. president on Jan. 20, all travelers must select either ‘male’ or ‘female’ when applying for entry or visas. The gender listed at birth will be considered valid,” reads the advisory that InterPride posted on its Facebook page. “If your passport has ‘X’ as a gender marker or differs from your birth-assigned gender, we strongly recommend contacting the U.S. diplomatic mission before traveling to confirm entry requirements.”

WorldPride is scheduled to take place in D.C. from May 17-June 8.

InterPride is the organization that coordinates WorldPride events. The Capital Pride Alliance is the local host.

“With WorldPride Washington, DC 2025 coming up, weā€™re working on a guide and will share updates soon,” reads InterPride’s advisory.

President Donald Trump’s anti-transgender executive orders have sparked growing concern among governments and advocacy groups around the world.

Germany’s Federal Foreign Office last week issued a travel advisory for trans and nonbinary people who are planning to visit the U.S. It specifically notes Trumpā€™s executive order that bans the State Department from issuing passports with ā€œXā€ gender markers.

ā€œThe relevant gender identity of the applicant at the time of birth is the relevant one,ā€ reads the advisory. ā€œTravelers who have the ā€˜Xā€™ gender marker or whose current gender entry differs from their gender identity at birth should contact the relevant U.S. diplomatic mission in Germany before entering the country and find out the applicable entry requirements.ā€

Egale Canada, one of Canadaā€™s largest LGBTQ advocacy organizations, on Feb. 6 announced its members will not attend WorldPride and any other event in the U.S. because of the Trump-Vance administration’s policies.

Capital Pride told the Washington Blade it is working with InterPride on the guide it mentioned in its advisory.

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