News
Perez says ENDA executive order under consideration
Labor sec’y says extending existing directive to protect trans workers ‘under review’
Labor Thomas Perez said the administration continues to “contemplate” the issue of an ENDA executive order. (Washington Blade file photo by Michael Key).
Labor Secretary Thomas Perez said Wednesday the issue of an executive order prohibiting anti-LGBT discrimination among federal contractors is something “we continue to contemplate and work on” as he declined to comment on whether his department could implement the order.
Under questioning by the Washington Blade, Perez said during a surprise appearance at the regular White House news briefing that he’s aware of the long-sought directive to protect workers on the basis of sexual orientation and gender identity.
“I can’t get into what ifs,” Perez said. “I’m certainly aware of the executive order that was proposed that you’re talking about, and the president takes a back seat to no one in his commitment for equal access to opportunity for people regardless of race, religious, sexual orientation or gender identity. And it’s an issue that we continue to contemplate and work on.”
Sources close to the administration have already told the Washington Blade the Labor Department, as well as the Justice Department, have already green-lighted the executive order for the White House.
Also during the briefing, Perez was asked by the Blade whether the Labor Department would apply Executive Order 11246 — the existing directive that prohibits gender discrimination among federal contractors — to transgender workers in the wake of the U.S. Equal Employment Opportunity Commission’s decision two years ago in Macy v. Holder.
“That issue is under review in the aftermath of the Macy decision,” Perez said. “I’ve asked my staff to expedite that review so that we can bring that issue to a conclusion at the Department of Labor.”
Asked when the process of review would come to an end, Perez said, “I’m hoping it will to come to an end as soon as possible.”
As Buzzfeed notes, his comments indicate the Labor Department isn’t currently implementing the existing executive order to protect transgender workers in the same way that Title VII is enforced — even though that law governs the enforcement of the executive order.
Ever since the decision two years ago in Macy v. Holder, which interpreted Title VII of the Civil Rights Act to protect transgender workers from discrimination, the Labor Department previously hasn’t responded to requests for comment on whether it will implement Executive Order 11246 to protect transgender workers.
Buzzfeed published a series of reports saying the Labor Department has refused to comment on whether it would extend the protections via executive order. Most recently, a Buzzfeed reporter was blocked from accessing a news conference with Perez on Monday reportedly because officials didn’t believe he would ask questions relevant to the veterans event.
With regard to a new executive order for both sexual orientation and gender identity, Perez’s remarks that the administration continues to “contemplate” the issue is consistent with White House counselor John Podesta’s remarks that the directive is “under consideration” as well as other hints the order is coming.
But when Reuters’ Jeff Mason followed up during the same briefing on Perez’ “contemplate” comments, White House Press Secretary Jay Carney attempted to tamp them down and reiterated support for legislation known as the Employment Non-Discrimination Act. However, Carney spoke generally about discussions taking place.
“I think what I can say is what I’ve said in the past is that I don’t have updates for you on obviously the discussion in Washington and beyond about that kind of executive action,” Carney said. “What our position is and has been is that we strongly support the Employment Non-Discrimination Act. We note the progress made in the Senate, there’s been movement in the Senate, against some of the conventional wisdom, we’ve seen movement on this.”
Carney concluded, “I just don’t have any update on the discussion around other hypothetical EOs, and I think that’s what Secretary Perez has indicated.”
Asked by Reuters for clarification about whether the media should read any shift from the administration in Perez’s remarks, Carney spoke broadly about “opportunities” under examination.
“I think broadly speaking, the administration looks at all opportunities to advance an agenda that expands opportunity that levels the playing field that sustains the equal opportunity for all that is part of the president’s vision,” Carney said. “That’s a broad matter. On specific, would the president do this executive action or that executive action? That list could be endless, and I don’t have any update for you that kind of proposition.”
Workplace protections issues weren’t the only LGBT matter that came up during the briefing. CBS News’ Major Garrett asked for an update from the White House on Missouri defensive lineman Michael Sam, who recently came out as gay, seeking placement on a team in the NFL.
Carney said since the last White House briefing he talked to President Obama about the development, but didn’t convey whether Obama called Sam as he did with NBA player Jason Collins.
“I don’t have any details on the president’s conversations or phone calls,” Carney said. “I can tell you that I have spoken about this with him and he, like the first lady, like so many others, admires Michael Sam’s courage and believes that the action he’s taken is an important step and looks forward to seeing him playing in the NFL.”
A transcript of the exchanges on workplace issues follow:
Washington Blade: Speaking of executive orders, there’s been a lot of discussion recently about a potential executive order that would bar federal contractors from discriminating on the basis of sexual orientation and gender identity. If the President were to sign such an executive order, could the Labor Department implement it?
Secretary Tom Perez: Well, I can’t get into what-ifs. I’m certainly aware of the executive order that was proposed that you’re talking about. And the President takes a backseat to no one in his commitment for equal access to opportunity for people regardless of race, religion, sexual orientation or gender identity. And it’s an issue that we continue to contemplate and work on.
Blade: On a related note, there’s also been talk about implementing existing order — Executive Order 11246, which prohibits discrimination on the basis of gender, and apply that to transgender workers to prohibit discrimination against them in the wake of Macy v. Holder. Will the Labor Department take that step?
Perez: That issue is under review in the aftermath of the Macy decision. And I’ve asked my staff to expedite that review so that we can bring that issue to conclusion at the Department of Labor.
Washington Blade: When will the review come to an end?
Perez: I’m hoping it will come to an end as soon as possible.
…
Reuters: Jay, two questions. One, I’d like to follow up on something that Secretary Perez said in response to Chris’s question. Is the administration contemplating executive action on LGBT workplace non-discrimination? That was the word that he used.
Jay Carney: Well, I think what I can say to that is what I’ve said in the past, is that I don’t have any updates for you on obviously the discussion in Washington and beyond about that kind of executive action. What our position is and has been is that we strongly support the Employment Non-Discrimination Act. We note the progress made in the Senate, the fact that there’s been movement in the Senate on this, and I think against some of the conventional wisdom we’ve seen movement on this.
On the broader range of issues around LGBT rights, we’ve seen dramatic progress, and we’re going to keep pressing Congress to catch up with the country on these issues. Turning the Employment Non-Discrimination Act into law would be a huge step forward by Congress, and the President looks forward to that happening. But I just don’t have any update on the discussion around other hypothetical EOs, and I think that’s what Secretary Perez was indicating.
Reuters: It wasn’t a hypothetical, so I just wanted to clarify, should we read into that any sort of a shift in the position of maybe going away from just a congressional push back to the possibility of an executive order?
Jay Carney: I think broadly speaking, the administration looks at all opportunities to advance an agenda that expands opportunity, that levels the playing field, that sustains equal opportunity for all that is part of the President’s vision. That’s as a broad matter. On specific — would the President do this executive action or that executive action, I mean, that list could be endless, and I don’t have any update for you on that kind of proposition.
What I can tell you is that it is our policy position that the House ought to and the Congress ought to send the Employment Non-Discrimination Act to the President’s desk so he can sign it into law.
Malaysia
Malaysia blocks access to Grindr, other gay dating websites
Restrictions part of continued anti-LGBTQ crackdown
Malaysia has blocked access to Grindr, Blued, and other gay dating websites, and is now considering further steps to restrict their mobile application.
Communications Minister Fahmi Fadzil on Feb. 25 said the government is pursuing legal measures to curb the availability of LGBTQ dating apps on Google’s Play Store and Apple’s App Store.
Fadzil, in a written parliamentary reply, said the Malaysian Communications and Multimedia Commission has not received any requests to remove the mobile versions of Grindr and Blued from app stores, noting the challenges of regulating platforms owned by foreign companies.
“Control over applications on platforms such as Google Play and Apple Store is subject to regulations and policies set by the said platform providers, since both applications are owned by foreign companies operating outside of Malaysia,” Fadzil said. “This includes those that spread lewd or immoral content, exploitation, abuse, scams, exploiting children or threats towards public safety.”
Fadzil was responding to a question about whether the Malaysian Communications and Multimedia Commission had worked with app store providers to block downloads of such apps.
The Washington Blade reached out to Google and Apple multiple times for comment but did not receive a response.
Malaysia has stepped up digital restrictions targeting the LGBTQ community as part of a broader crackdown on what authorities describe as “deviant” or immoral content. Consensual same-sex sexual relations remain criminalized in the country under both civil and Sharia law.
Malaysia has proposed a Cyber Crime Bill that would expand the government’s legal powers to address the misuse of digital platforms, including the promotion of same-sex dating applications, Deputy Prime Minister Ahmad Zahid Hamidi said. The bill would replace the Computer Crimes Act of 1997.
“We are disappointed in the decision to block access to Grindr in Malaysia and believe that online platform regulation should be proportionate and consistent with international human rights law,” a Grindr spokesperson told the Blade in an email.
“At Grindr, our mission is to help make a world where the lives of our global community are free, equal, and just,” added the spokesperson. “For many of our users, Grindr is often the primary way for them to connect, express themselves, and discover the world around them. In addition to serving as an important source of information, Grindr is committed to advancing the health and well-being of the community around the world and through our social impact initiative, Grindr for Equality, we partner with hundreds of advocates, community-based organizations, and public health agencies to support the global LGBTQ+ community.”
Grindr, based in California, is popular around the world. Blued, a China-based app that BlueCity operates, is one of the world’s largest social networking and dating platforms for gay men.
Blued did not respond to the Blade’s request for comment.
Online platforms ‘critical for LGBTQ people’
Malaysian authorities in May 2023 raided Swatch stores at shopping malls across the country and confiscated more than 160 rainbow-colored watches from the company’s Pride collection, saying the designs carried “LGBT connotations.” The raids, which the Home Affairs Ministry carried out, were widely criticized by advocacy groups.
Police last June opened an investigation into a closed-door LGBTQ sexual health workshop.
Selangor police chief Hussein Omar Khan said authorities were examining the event under the Penal Code for allegedly causing “disharmony or ill will” on religious grounds, as well as under the Communications and Multimedia Act, a law frequently used to police online speech. Critics said the investigation reflected growing government overreach and warned against the criminalization of public health initiatives aimed at marginalized communities. Activists cited this case as another example of Prime Minister Anwar Ibrahim’s crackdown on LGBTQ rights.
The Home Affairs Ministry in November 2020 banned the book “Gay Is OK! A Christian Perspective,” written by Pastor Oyoung and published by Gerakbudaya in 2013, saying it was likely to be “prejudicial to public order, morality and the public interest.” The Kuala Lumpur High Court later overturned the ban and ordered the respondents — then-Home Affairs Minister Hamzah Zainudin and the Malaysian government — to pay costs of 5,000 Malaysian ringgit ($1,276.81.)
A 2014 Human Rights Watch report documented widespread discrimination and abuse against transgender women in the country.
The report found that trans people face arrests under laws that effectively criminalize “cross-dressing,” along with harassment and abuse by police and religious authorities. It also described systemic discrimination in employment, health care, and education, leaving many trans women marginalized and vulnerable to violence and exploitation.
Thilaga Sulathireh, a founding member of Justice for Sisters, a Malaysian trans rights group, said restrictions on LGBTQ people’s freedom of expression through censorship have been an ongoing trend in Malaysia over the past decade.
Sulathireh said there have been increasing calls to curb what critics describe as “LGBT normalization” in films, books, and social media, which activists link to what they say is a harmful and inaccurate perception that LGBTQ people are immoral. Sulathireh added Grindr had been blocked in Malaysia for several years and that, as of last weekend, the app was no longer available on Google Play and the Apple App Store. Sulathireh said Justice for Sisters views the move as a serious violation of LGBTQ people’s rights to nondiscrimination, dignity, privacy, and freedom of expression.
“The blocking of LGBTQ related apps is part of the on-going and increasing trend of state sponsored discrimination against LGBTQ people in Malaysia,” Sulathireh told the Blade in an email. “In late February, the deputy minister in the prime minister’s (Religious Affairs) Department announced that the government is opting to replace references to LGBT persons with the term “budaya songsang” (deviant culture) and encouraged others to do the same to avoid LGBT normalization in all spaces, including social media. At the same time, called on members of the public to immediately report ‘suspicious activities, events or content.’”
Sulathireh told the Blade a deputy minister recently outlined a range of government-led initiatives targeting LGBTQ people in Malaysia.
According to Sulathireh, these include so-called “spiritual guidance camps.” Sulathireh said some participants, including those who identify as “ex-LGBT” or part of the “hijrah” community, have been encouraged to act as peer educators to reach other LGBTQ people.
Additional initiatives the deputy minister listed include academic Islamic conferences, state-level sermons coordinated by the state Islamic councils, and mosque-level programs. Sulathireh told the Blade the government presented a paper to the Council of Rulers outlining what officials described as the negative implications of legal gender recognition. Sulathireh said authorities have also established a multiagency committee to address issues involving Muslim LGBTQ people, promoted what they call “psychospiritual therapy,” and worked with police and the Communications and Multimedia Commission to monitor the promotion of LGBTQ-related activities online.
“The blocking of these apps and websites severely impacts all areas of LGBTQ people’s lives,” said Sulathireh. “These platforms have proven critical for LGBTQ people to find support, communities, access life-saving resources, information and services, love and intimacy. I think being able to find love, intimacy and connections is critical for LGBTQ’s self-acceptance, self-worth, health, and well-being.”
“The blocking makes it even more challenging for people to connect safely online and offline,” added Sulathireh. “People will become more isolated and all of these have a severe impact on LGBTQ’s mental health and well-being, which is already poor.”
Sulathireh said Justice for Sisters research and observations indicate many LGBTQ people in Malaysia already experience social media and digital spaces as hostile environments. As a result, many limit their use of these platforms and adopt higher levels of self-censorship. Sulathireh added the recent bans targeting LGBTQ visibility on digital platforms are also unfolding alongside a broader policy push to restrict social media access for children under 16.
“The state sponsored LGBTQ discrimination over the years has resulted in increasing discrimination by non-state actors and anti-rights groups with impunity,” Sulathireh said. “This ban will further entrench the culture of impunity against LGBTQ people.”
Nalini Elumalai, senior Malaysia program officer at ARTICLE 19, an international freedom of expression organization, said the blocking of dating apps is not occurring in isolation but is happening under the guise of public morality, digital censorship, and the enforcement of laws that undermine the rights of LGBTQ individuals in Malaysia.
Elumalai noted that Deputy Religious Affairs Minister Marhamah Rosli recently urged the public to refrain from using the term “LGBT” and instead describe it as “deviant culture” in an effort to combat normalization and reduce LGBTQ-related content on social media. Elumalai said blocking Grindr and Blued represents an ongoing attack on the LGBTQ community, particularly their rights to freedom of expression, access to information, and to be treated equally before the law without discrimination — protections guaranteed under Articles 8 and 10 of Malaysia’s Federal Constitution.
“The blocking of LGBTQI+ dating platforms appears to reflect a broader pattern in Malaysia where LGBTQI+-related expression and activities face heightened scrutiny and repression, particularly when they become visible online,” said Elumalai in a statement to the Blade.
Elumalai noted JEJAKA, a community-based organization had to cancel their “Glamping with Pride” event that was to have taken place on Jan. 17-18 because of safety concerns after it received death threats on social media.
“Ongoing repression of LGBTQI+ expression will further entrench systemic discrimination against marginalized groups, normalise inequality, and perpetuate division and hostility among the people in Malaysia,” said Elumalai. “Further, when one group is punished or prevented from expressing themselves freely online, others, including various online platforms, may also self-censor out of fear that they too could face scrutiny or penalties, even for legitimate expressions.”
The Malaysian Communications and Multimedia Commission has not responded to the Blade’s request for comment.
Chile
Far-right Chilean President José Antonio Kast takes office
Former congressman opposes LGBTQ rights
Chilean President José Antonio Kast took office on Wednesday.
Kast — the far-right leader of the Republican Party who was a member of the country’s House of Deputies from 2002-2018 — defeated Jeannette Jara — a member of the Communist Party of Chile who was the former labor and social welfare minister in former President Gabriel Boric’s government — in last year’s presidential election.
The Chilean constitution prevented Boric from running for a second consecutive term.
The Washington Blade has previously reported Kast has expressed his opposition to gender-specific policies, comprehensive sex education, and reforms to Chile’s anti-discrimination laws. Kast has also publicly opposed the country’s marriage equality law that took effect on March 10, 2022, the day before Boric took office.
The Movement for Homosexual Integration and Liberation, a Chilean LGBTQ and intersex rights group known by the acronym Movilh, declared a “state of alert” after Kast’s election, “given this leader’s (Kast’s) public and political trajectory, characterized for decades by systematic opposition to laws and policies aimed at equality and nondiscrimination of LGBTIQ+ individuals.”
Argentine President Javier Milei, Deputy U.S. Secretary of State Christopher Landau, and Venezuelan opposition leader María Corina Machado are among those who attended Kast’s inauguration that took place in the Chilean Congress in Valparaíso.
District of Columbia
Capital Stonewall Democrats set to celebrate 50th anniversary
Mayor Bowser expected to attend March 20 event
D.C. Mayor Muriel Bowser, members of the D.C. Council, and local and national Democratic Party officials are expected to join more than 150 LGBTQ advocates and supporters on March 20 for the 50th anniversary celebration of the city’s Capital Stonewall Democrats.
A statement released by the organization says the event is scheduled to be held at the Pepco Edison Place Gallery building at 702 8th St., N.W. in D.C.
“The evening will honor the people who built Capital Stonewall Democrats across five decades – activists who fought for rights when the odds were against them, public servants who opened doors and refused to let them close, and a new generation of leaders ready to carry the work forward,” the statement says.
Founded in 1976 as the Gertrude Stein Democratic Club, the organization’s members voted in 2021 to change its name to the Capital Stonewall Democrats.
Among those planning to attend the anniversary event is longtime D.C. gay Democratic activist Paul Kuntzler, 84, who is one of the two co-founders of the then-Gertrude Stein Democratic Club. Kuntzler told the Washington Blade that he and co-founder Richard Maulsby were joined by about a dozen others in the living room of his Southwest D.C. home at the group’s founding meeting in January 1976.
He said that among the reasons for forming a local LGBTQ Democratic group at the time was to arrange for a then “gay” presence at the 1976 Democratic National Convention, at which Jimmy Carter won the Democratic nomination for U.S. president and later won election as president.
Maulsby, who served as the Stein Club president for its first three years and who now lives in Sarasota, Fla., said he would not be attending the March 20 anniversary event, but he fully supports the organization’s continuing work as an LGBTQ organization associated with the Democratic Party.
Steven McCarty, Capital Stonewall Democrats’ current president, said in the statement that the anniversary celebration will highlight the organization’s work since the time of its founding.
“Capital Stonewall Democrats has been fighting for LGBTQ+ political power in this city for 50 years, electing people, training organizers, holding this community together through some really hard moments,” he said. “And right now, with everything going on, that work has never mattered more. This gala is the first moment of our next chapter, and I want the community to be a part of it.”
The statement says among the special guests attending the event will be Democratic National Committee Vice Chair Malcolm Kenyatta, who became the first openly gay LGBTQ person of color to win election to the Pennsylvania General Assembly in 2018.
Other guests of honor, according to the statement, include Mayor Bowser; D.C. Council member Zachary Parker (D-Ward 5, the Council’s only gay member; D.C. Council member Anita Bonds (D-At-Large); Earl Fowlkes, founder of the International Federation of Black Prides; Vita Rangel, a transgender woman who serves as Deputy Director of the D.C. Mayor’s Office of Talent and Appointments; Heidi Ellis, director of the D.C. LGBTQ Budget Coalition; Rayceen Pendarvis, longtime D.C. LGBTQ civic activist; and Phillip Pannell, longtime D.C. LGBTQ Democratic activist and Ward 8 civic activist.
Information about ticket availability for the Capital Stonewall Democrats anniversary gala can be accessed here: capitalstonewalldemocrats.com/50th
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