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Nearly 200 lawmakers seek action from Obama for LGBT workers

Dem leaders, zero Republicans, call for executive order

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Steny Hoyer, Maryland, United States House of Representatives, gay news, Washington Blade, Democratic Party, U.S. Congress
Steny Hoyer, Maryland, United States House of Representatives, gay news, Washington Blade, Democratic Party, U.S. Congress

House Minority Whip Steny Hoyer (D-Md.) was the highest-ranking congressman to call for the ENDA executive order. (Washington Blade photo by Michael Key)

As legislation to protect LGBT workers from discrimination continues to languish in the U.S. House, an unprecedented number of nearly 200 lawmakers on Tuesday — including members of House Democratic leadership — called on President Obama to take administrative action.

In a letter dated March 18, 148 House members and 47 senators — making for a total of 195 lawmakers — urged Obama to sign an executive order barring federal contractors from discriminating on the basis of sexual orientation and gender identity as part of his plan for a “Year of Action” in 2014.

“As we continue to work towards final passage of the Employment Non-Discrimination Act (ENDA) with strong bipartisan support, we urge you to take action now to protection millions of workers across the country from the threat of discrimination simply because of who they are or who they love,” the letter says. “We are committed to doing all that we can in Congress to get ENDA to your desk this year; however, there is no reason you cannot immediately act by taking this important step.”

The letter says “time is of an essence” for a signature on the executive order because even when that happens, a process that “will take many months, if not longer” to implement the directive fully will be necessary.

In the House, the letter was circulated by the LGBT Equality Caucus along with Reps. Frank Pallone (D-N.J.) and Lois Capps (D-Calif.), while ENDA’s chief sponsor in the Senate Jeff Merkley (D-Ore.) circulated the letter in that chamber with Sens. Tammy Baldwin (D-Wis.) and Tom Harkin (D-Iowa).

It’s not the first time members of Congress have penned their names to a letter calling on Obama to take administrative action to protect LGBT workers from discrimination. In 2011, Pallone and Capps led an effort to sign a similar letter, which at the time was signed by 72 House members. In 2013, they circulated another letter on the issue signed by 110 House members as Merkley submitted yet another missive signed by 37 senators.

The series of letters from lawmakers over the course of recent years — in addition to regular questioning on the issue for White House Press Secretary Jay Carney — have been to Obama on the executive order as LGBT advocates have pressed for it for some time.

But the latest missive has more lawmakers calling for the executive order than the 2013 letter and, for the first time, has members of Democratic leadership as signatories: House Minority Whip Steny Hoyer (D-Md.) and Assistant Minority Leader Jim Clyburn (D-S.C.). The Blade first reported Hoyer would sign the letter on Monday.

Although House Minority Leader Nancy Pelosi has publicly said she supports the executive order as far back as 2011 she didn’t sign the letter. Drew Hammill, a Pelosi spokesperson, said his boss rarely signs group letters and would raise the issue in a private missive to Obama.

Also missing from the letter is Senate Majority Leader Harry Reid (D-Nev.), who also gave his green light for the potential directive in January. Reid’s office indicated that he doesn’t typically sign member letters.

Rep. Debbie Wasserman Schultz (D-Fla.), chair of the Democratic National Committee, also didn’t pen her name to the letter. Last week, sources told the Blade she had discouraged members from signing previous iterations of the letter, but her office called that assertion a “bald-faced lie.” She hasn’t articulated support for the executive order.

Not a single Republican signed the letter. Not one of the 10 Republicans who voted for the Employment Non-Discrimination Act in the Senate late last year or any of the six GOP co-sponsors of ENDA in the House penned their name to the missive.

Tico Almeida, president of Freedom to Work, said his organization helped to secure signatures for the letter — and hopes it’ll be the last time the effort is necessary.

“This week, we collaborated with the Equality Caucus for the third time to collect signatures on the 2014 letter to President Obama on the same topic,” Almeida said. “These year-after-year delays from the White House are making this all start to feel like Bill Murray’s ‘Groundhog Day,’ and I really hope we don’t have to push for yet another congressional letter to President Obama in 2015 or 2016 or a letter to President Hillary Clinton in 2017. It’s long past time for President Obama to keep his word and create LGBT workplace protections at the companies that profit from taxpayer-funded contracts.”

The White House has responded to other letters like this one in the past by saying it has no updates to provide on a “hypothetical” executive order protecting LGBT workers. It didn’t respond to comment on the latest letter.

Last week, Carney reiterated Obama’s support for the Employment Non-Discrimination Act when asked about the executive order.

“Our view is that Congress ought to pass the Employment Non-Discrimination Act,” Carney said. “I don’t have any updates for you on possible executive orders. What we’re focused on is on a legislative remedy that would be more comprehensive and that has already seen progress in Congress. So I don’t have a view to express on that particular issue.”

Lawmakers who organized the signature-gathering for the letter in both the House and Senate issued their own words on the importance of Obama signing the executive order.

Merkley said signing the executive order would help ensure LGBT people have access to equal opportunity in the workplace.

“All Americans deserve fairness in the workplace,” Merkley said. “There is no reason to wait any longer to extend non-discrimination policies to federal contractors and protect millions of Americans from being fired for who they are or who they love.”

Capps said in a statement she hopes Obama “will immediately sign an executive order” to protect LGBT workers against discrimination.

“This issue has lingered for far too long and this year, in the president’s year of action, he should take this opportunity to expand employment protections,” Capps said. “Doing so would be a significant and meaningful advancement for LGBT Americans—legally, politically, and culturally. With workers across the country facing discrimination every day, the time is now to make sure workplace discrimination isn’t supported by taxpayer funds.”

As Capps observes, the Williams Institute published a report finding that the executive would extend non-discrimination protections to the estimated 16.5 million employees at federal contractors. (The number of people within this population who are LGBT is estimated to be smaller and between 400,000 and 600,000 people.)

Capps added that she been pushing Obama to sign the executive order for years and “will not stop pushing this issue — it is time for the president to act.”

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Netherlands

Amsterdam Pride Canal Parade draws hundreds of thousands

Gay Dutch Prime Minister Rob Jetten among participants

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A scene from the 2026 Amsterdam Pride Canal Parade. (Washington Blade photo by Michael Key)

Editor’s note: International News Editor Michael K. Lavers and Photo Editor Michael Key are on assignment in the Netherlands through Aug. 10.

AMSTERDAM — Hundreds of thousands of people lined Amsterdam’s canals on Saturday for the city’s annual Amsterdam Pride Canal Parade.

Dutch Prime Minister Rob Jetten, who is openly gay, is among those who participated in the parade that featured more than 80 boats. Participants held signs and posters that, among other things, read “proud to be intersex” and “lesbians love you and a free Palestine.”

The Washington Blade saw at least two attendees holding fans that read “fuck Trump.” One of the boats also compared President Donald Trump and Russian President Vladimir Putin as “the kissing couple.”

(Washington Blade photo by Michael K. Lavers)

(Washington Blade video by Michael K. Lavers)

(Washington Blade video by Michael K. Lavers)

The parade took place a week after a terrorist attack at Berlin’s Christopher Street Day left one person dead and more than two dozen others injured.

It passed the Homomonument, a memorial to gays and lesbians who have suffered persecution. The Homomonument has been transformed into a makeshift memorial to the victims of the July 25 terrorist attack in the German capital.

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The Canal Parade took place during World Pride, which will end in Amsterdam on Aug. 9.

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European Union

Poland’s top court rejects recognition of same-sex marriages from other EU countries

Ruling sets up potential clash with bloc

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(Bigstock photo)

Poland’s top court this week rejected the recognition of same-sex marriages legally performed in other EU countries.

The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage. Poland’s Supreme Administrative Court in March reaffirmed the decision.

The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.

The Polish government in May announced it will recognize same-sex marriages legally performed in other EU countries. Polish President Karol Nawrocki on July 17 vetoed bills that would have extended rights to same-sex couples.

The Constitutional Tribunal ruling, which it issued on July 28, was unanimous and final. It also sets up a potential clash between it and the EU Court of Justice.

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Taiwan

Taiwan’s government has failed to update process to change gender markers on ID documents

Interior Ministry’s 2008 directive remains in place

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(Photo by bRollGO/Bigstock)

More than four years after Taiwan began formally studying legislation to overhaul its legal gender recognition system, and despite repeated recommendations from international human rights experts, the government has yet to introduce a bill that would replace decades-old administrative rules governing how transgender people can change the gender marker on official documents.

On May 15, an independent international review committee examining Taiwan’s implementation of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights urged the government to enact legislation governing legal gender recognition. The committee said Taiwan’s continued reliance on an administrative order, despite a 2023 Supreme Administrative Court ruling that mandatory gender-affirming surgery violates constitutional rights, has created legal uncertainty for transgender people, administrative authorities and judges.

In Taiwan, legal gender recognition has long been governed by a 2008 Interior Ministry administrative directive rather than legislation. 

Under the directive, applicants seeking to change the gender marker on their national identification documents are generally required to provide diagnoses of gender dysphoria from two psychiatrists and proof that they have undergone gender-affirming surgery. For trans men, this typically involves the removal of the breasts, uterus, and ovaries, while trans women generally must undergo the removal of the penis and testicles. Because these requirements are established through an administrative directive rather than a law enacted by the legislature, trans rights activists and human rights organizations have argued they violate human rights.

Although Taiwanese courts have increasingly allowed trans people to change the gender marker on their official documents without undergoing gender-affirming surgery, the Interior Ministry’s 2008 directive requiring surgery remains in force. As a result, Taiwan’s administrative rules and judicial decisions are no longer fully aligned.

In a landmark ruling in May 2024, the Taipei High Administrative Court ordered a household registration office to approve a trans man’s application to change the gender marker on his household registration without requiring gender-affirming surgery. The court held that the Interior Ministry’s 2008 administrative directive, which requires applicants to submit proof of surgery, cannot be treated as an absolute prerequisite for legal gender recognition. Instead, it found that the applicant had provided sufficient medical evidence of a stable and long-standing gender identity and that denying the application solely because he had not undergone surgery was unlawful.

The Executive Yuan began work on legislation in April 2020, when it decided to commission an academic study examining international legal gender recognition systems rather than immediately drafting a law. 

The government subsequently commissioned Shih Hsin University to prepare a report reviewing foreign legal models and developing legislative recommendations, including a bill. Since 2022, the Executive Yuan has held a series of inter-agency meetings involving multiple ministries to consider the study’s recommendations and legislation governing legal gender recognition, though no bill has yet been enacted.

In September 2023, Taiwan’s Supreme Administrative Court set aside a lower court ruling that had upheld the Interior Ministry’s refusal to change a trans person’s legal gender without proof of surgery and ordered the case to be reheard. 

The court held that the ministry’s 2008 administrative directive requiring surgery could not be treated as the controlling legal standard because it lacked a clear statutory basis and implicated constitutional protections, including bodily autonomy and personality rights. Rather than treating surgery as an automatic prerequisite, the court instructed the lower court to determine whether the applicant had established a stable gender identity based on the evidence presented.

“From our perspective, the primary goal should be lowering the barriers to legal gender recognition, particularly by abolishing the mandatory surgery requirement,” the Taiwan Tongzhi (LGBTQ+) Hotline Association, a nonprofit LGBTQ advocacy and support organization founded in 1998, said in an email to the Washington Blade.

The Taiwan Tongzhi (LGBTQ+) Hotline Association said several factors have stalled progress toward comprehensive legislation. 

The organization told the Blade the complexity of the issue and the lack of constructive dialogue are among the primary obstacles. It said legal gender recognition requires extensive discussion, with views differing even within the trans community itself. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that opinions also vary widely within the legislature and across Taiwanese society, while effective channels for dialogue remain lacking.

The Taiwan Tongzhi (LGBTQ+) Hotline Association also attributed the lack of progress to what it described as a lack of political will and an over reliance on “social consensus.” 

According to the organization, the executive branch lacks the political momentum to advance legal gender recognition reforms. The Taiwan Tongzhi (LGBTQ+) Hotline Association said the Interior Ministry and other relevant agencies have often adopted a passive approach in the face of opposition from conservative groups, delaying progress by arguing that there is no social consensus or that further discussion is needed.

The Taiwan Tongzhi (LGBTQ+) Hotline Association also said progress has been hindered by what it described as a backlash following the legalization of same-sex marriage. According to the organization, groups opposed to gender equality and trans rights, including some conservative religious and anti-trans organizations, shifted their focus to trans issues after marriage equality became law. The Taiwan Tongzhi (LGBTQ+) Hotline Association said these groups have promoted fear-based narratives, including concerns about safety in public restrooms, leading many politicians to view trans rights as a politically risky issue and reducing momentum for legislative action.

“The existing system makes changing one’s legal gender marker extremely difficult. Forced surgical removal of reproductive organs imposes a heavy financial burden since it must be paid out-of-pocket, and not every trans person can afford, desires, or is medically advised to undergo organ removal,” the Taiwan Tongzhi (LGBTQ+) Hotline Association said. “Additionally, requiring psychiatric evaluations is problematic because specialized medical resources are scarce and concentrated in major cities. These obstacles severely impact transgender individuals in their daily lives.”

The Taiwan Tongzhi (LGBTQ+) Hotline Association said the continued reliance on an administrative directive rather than legislation has created systemic uncertainty for trans people. The organization said the absence of a statutory framework allows executive agencies to alter requirements without legislative oversight, leaving trans people uncertain whether future policies will become more restrictive or more permissive. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that while several trans people have secured favorable court rulings since 2023, those decisions apply only to the individual cases before the courts and do not guarantee similar outcomes for others. The group also said pursuing litigation requires significant time, financial resources, and emotional investment, making it an inaccessible path for many trans people seeking legal recognition.

The Executive Yuan and the Interior Ministry did not respond to the Blade’s requests for comment.

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