Connect with us

News

DNC treasurer says lack of ENDA directive ‘frustrating and perplexing’

Speculation mounts that president will act after Biden address

Published

on

Andrew Tobias, DNC, Democratic National Convention, Democratic National Committee, gay news, Washington Blade
Democratic National Committee Treasurer Andrew Tobias says the lack of an ENDA executive order is "frustrating and perplexing" (Blade file photo by Michael Key).

Democratic National Committee Treasurer Andrew Tobias says the lack of an ENDA executive order is “frustrating and perplexing” (Blade file photo by Michael Key).

Democratic National Committee Treasurer Andrew Tobias has joined those expressing concern over why President Obama hasn’t signed an executive order barring LGBT discrimination among federal contractors, saying it should be signed and its absence is “frustrating and perplexing.”

Amid renewed questions over why Obama hasn’t signed the order following a speech from Vice President Joseph Biden in which he called the lack of LGBT protections “close to barbaric,” Tobias articulated his own concerns as he maintained that fighting for Democratic control of Congress is of utmost importance.

The DNC treasurer made the comments in an off-the-record listserv for LGBT donors via an email that was leaked to the Washington Blade.

“I agree 100% with those who say it should be signed, 100% with those who believe we should keep pressing, and 100% with those who say itā€™s frustrating and perplexing,” Tobias wrote. “But I think we would be crazy to let it diminish our efforts to hold the Senate, get Nancy her gavel back, and lay the groundwork for a huge LGBT supporter to win the White House in 2016. (All our plausible 2016 nominees are huge LGBT supporters.)”

Tobias, who’s gay, confirmed to the Washington Blade the email indeed came from him as did other individuals on the listserv, who said the message came from his email account on Wednesday. Notably, these individuals said Tobias told LGBT donors in his email that listserv members should feel free to quote him as expressing those views. Tobias also told the Blade to quote him as such.

The remarks are noteworthy for Tobias, who has a reputation for tamping down criticism and concern over the Obama administration and the DNC for not doing enough on LGBT rights. It has particular significance because it comes at a time when the DNC is busy raising money to hold onto the Senate during the congressional midterms.

Last year in another email to the listserv following concerns at that time over the executive order, Tobias maintained everyone within the administration supports it, but that a “process” is holding it up.

Tobias’ latest remarks follow continued frustration with Obama over why he continues to withhold the executive order, which LGBT advocates maintain is a 2008 campaign promise of his, after the No. 2 person in his administration called the lack of federal prohibition on LGBT workplace discrimination “close to barbaric.”

Biden made the remarks while calling on Congress to pass the Employment Non-Discrimination Act, legislation that would bar anti-LGBT workplace discrimination, while speaking to about 1,000 attendees at the Human Rights Campaign annual dinner in Los Angeles.

“If you think about it, itā€™s outrageous weā€™re even debating this subject,” Biden said. “I really mean it. I mean itā€™s almost beyond belief that today, in 2014, I could say to you, as your employee in so many states, youā€™re fired, because of who you love.”

The vice president never mentioned the much sought executive order in his speech, but LGBT advocates questioned why Obama hasn’t acted on the directive if the lack of protections is so barbaric. Some advocates also projected a scenario in which Obama would sign the order as a result in the days ahead.

After all, Biden’s endorsement of marriage equality on “Meet the Press” in 2012 preceded Obama’s own endorsement of marriage equality by just three days and was seen as a trigger for the president’s announcement.

Darlene Nipper, deputy executive director of the National Gay & Lesbian Task Force, was among those envisioning the executive order coming shortly from Obama as a result of the Biden address.

ā€œAs we saw with marriage equality, Vice President Biden is sometimes the person who will preview a presidential decision,” Nipper said. “So letā€™s hope his recent comments means that a non-discrimination executive order is imminent from President Obama.ā€

The White House didn’t respond to a request for comment about any updates on the possible executive order. Last week, White House Press Secretary Jay Carney reiterated the administration’s preference for legislation to bar LGBT workplace discrimination when asked by the Washington Blade about a letter signed by more than 200 Democrats calling for the directive.

“There is no question, I think, in anyoneā€™s mind that the passage of legislation, the Employment Non-Discrimination Act, would provide those protections broadly in a way the EO would not,” Carney said. “And as Iā€™ve said before, opposition to that legislation is contrary to the tide of history and those lawmakers who oppose this will find, in the not too distant future, that they made a grave mistake and that they will regret it.”

But Biden’s description of the lack of LGBT workplace non-discrimination rules as “close to barbaric” and the continued absence of an executive order that would institute them riled members of the LGBT donor listserv, who pestered Tobias with emails over why it hasn’t been done.

In another email earlier in the week, the DNC treasurer said the best approach to the situation is highlighting stories of people harmed by the lack of the directive as well as studies showing the scale of the problem ā€” in addition to working for Democratic electoral gains in 2014 and 2016.

Heather Cronk, managing director of the LGBT grassroots group GetEQUAL, said Biden’s use of “barbaric” to describe anti-LGBT workplace discrimination should be the driving force prompting Obama to take executive action.

“In fact, Biden’s remarks are exactly where the rest of the country is ā€” given that 90 percent of Americans think there is already a federal law in place, one would think that this comment from Biden would kick start a commitment by the Obama administration to lead on this issue and to sign this executive order without delay,” Cronk said. “Anything less is simply dangling equality in front of our noses, hoping that we’ll show up for midterms ā€” which is, indeed, barbaric.”

For its part, the White House continues to advocate for ENDA as pressure builds on Obama to sign the executive order.

Shin Inouye, a White House spokesperson, referenced the idea of ENDA supporters starting a discharge petition in the House to bring the bill up for a vote. A successful discharge petition requires 218 names, the same number of individuals needed to pass legislation on the House floor.

“The President continues to believe that the House should join the Senate and pass ENDA so he can sign it into law,” Inouye said. “We would welcome efforts to bring this legislation to the floor for a vote.”

LGBT advocates have told the Blade that a discharge petition should be considered a last resort to pass ENDA because the tactic is viewed as a criticism of leadership for not advancing a bill. Senate Majority Leader Harry Reid dismissed the idea of the petition when speaking with reporters late last year, saying Republican leadership would discourage members from signing it before it reached 218 names.

Meanwhile, LGBT advocates have amped up their efforts to encourage U.S. House Speaker John Boehner to bring up ENDA for a vote in the House. The coalition known as Americans for Workplace Opportunity, which helped guide the Senate to pass ENDA on a bipartisan basis in September, is putting up more than $2 million to pass ENDA in the chamber. Much of the money is coming from Republican superdonors Paul Singer and Seth Klarman, who each donated $375,000.

Fred Sainz, vice president of the Human Rights Campaign, said even with the push for ENDA, Obama has “absolutely no reason” to delay in signing an executive order on behalf of LGBT workers.

“This easily has to be the most studied and mulled-over executive order in history,” Sainz said. “The leadership of this president and his entire administration on issues important to LGBT equality has been absolutely tremendous. The decision to apply nondiscrimination protections to the workers of federal contractors will fit in nicely with his historic legacy on LGBT equality.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Africa

Ugandan activists appeal ruling that upheld Anti-Homosexuality Act

Country’s Constitutional Court refused to ‘nullify’ law

Published

on

(Image by rarrarorro/Bigstock)

Twenty-two LGBTQ activists in Uganda have appealed this month’s ruling that upheld the country’s Anti-Homosexuality Act.

The Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.”

President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Media reports indicate Sexual Minorities Uganda Executive Director Frank Mugisha and Jacqueline Kasha Nabagesara are among the activists who filed the appeal.

Continue Reading

U.S. Supreme Court

US Supreme Court rules Idaho to enforce gender care ban

House Bill 71 signed in 2023

Published

on

U.S. Supreme Court (Washington Blade photo by Michael Key)

BY MIA MALDONADO | The U.S. Supreme Court has allowed Idaho to enforce House Bill 71, a law banning Idaho youth from receiving gender-affirming care medications and surgeries.

In an opinion issued Monday, the U.S. Supreme Court granted the state of Idahoā€™s request to stay the preliminary injunction, which blocked the law from taking effect. This means the preliminary injunction now only applies to the plaintiffs involved in Poe v. Labrador ā€” a lawsuit brought on by the families of two transgender teens in Idaho who seek gender-affirming care. 

Mondayā€™s Supreme Court decision enforces the gender-affirming care ban for all other trans youth in Idaho as the lawsuitĀ remains ongoing in the Ninth Circuit Court of Appeals.

Idaho Attorney General RaĆŗl Labrador
Idaho Attorney General RaĆŗl Labrador gives a speech at the Idaho GOP election night watch party at the Grove Hotel in Boise, Idaho, on Nov. 8, 2022. (Otto Kitsinger for Idaho Capital Sun)

The American Civil Liberties Union and the ACLU of Idaho, both of whom represent the plaintiffs, said in a press release Monday that the ruling ā€œdoes not touch upon the constitutionalityā€ of HB 71. The groups called Mondayā€™s ruling an ā€œawful resultā€ for trans Idaho youth and their families.

ā€œTodayā€™s ruling allows the state to shut down the care that thousands of families rely on while sowing further confusion and disruption,ā€ the organizations said in the press release. ā€œNonetheless, todayā€™s result only leaves us all the more determined to defeat this law in the courts entirely, making Idaho a safer state to raise every family.ā€

Idaho Attorney General RaĆŗl Labrador in a press release said the state has a duty to protect and support all children, and that he is proud of the stateā€™s legal stance. 

ā€œThose suffering from gender dysphoria deserve love, support and medical care rooted in biological reality,ā€ Labrador said. ā€œDenying the basic truth that boys and girls are biologically different hurts our kids. No one has the right to harm children, and Iā€™m grateful that we, as the state, have the power ā€” and duty ā€” to protect them.ā€

Recap of Idahoā€™s HB 71, and what led to SCOTUS opinion

Mondayā€™s Supreme Court decision traces back to when HB 71 was signed into law in April 2023.

The law makes it a felony punishable for up to 10 years for doctors to provide surgeries, puberty-blockers and hormones to trans people under the age of 18. However, gender-affirming surgeries are not and were not performed among Idaho adults or youth before the bill was signed into law, the Idaho Capital Sun previously reported

One month afterĀ it was signed into law, the families of two trans teens sued the state in a lawsuit alleging the bill violates the 14th Amendmentā€™s guarantee of equal protection under the law.

In late December, just days before the law was set to take effect in the new year, U.S. District Judge B. Lynn Winmill blocked the law from taking effect under a preliminary injunction. In his decision, he said he found the families likely to succeed in their challenge.

The state of Idaho responded by appealing the district courtā€™s preliminary injunction decision to the Ninth Circuit, to which the Ninth Circuit denied. The state of Idaho argued the court should at least enforce the ban for everyone except for the plaintiffs. 

After the Ninth Circuitā€™s denial, the Idaho Attorney Generalā€™s Office in February sent an emergency motion to the U.S. Supreme Court, the Idaho Press reported. Mondayā€™s U.S. Supreme Court decision agrees with the stateā€™s request to enforce its ban on trans health care for minors, except for the two plaintiffs.

******************************************************************************************

Mia Maldonado

Mia Maldonado joined the Idaho Capital Sun after working as a breaking news reporter at the Idaho Statesman covering stories related to crime, education, growth and politics. She previously interned at the Idaho Capital Sun through the Voces Internship of Idaho, an equity-driven program for young Latinos to work in Idaho news. Born and raised in Coeur d’Alene, Mia moved to the Treasure Valley for college where she graduated from the College of Idaho with a bachelor’s degree in Spanish and international political economy.

******************************************************************************************

The preceding piece was previously published by the Idaho Capital Sun and is republished with permission.

The Idaho Capital Sun is the Gem Stateā€™s newest nonprofit news organization delivering accountability journalism on state politics, health care, tax policy, the environment and more.

Weā€™re part of States Newsroom, the nationā€™s largest state-focused nonprofit news organization.

Continue Reading

District of Columbia

Reenactment of first gay rights picket at White House set for April 17

Event marks 59th anniversary of historic push for gay rights in nationā€™s capital

Published

on

Lilli Vincenz was among the original 1965 White House picketers. (Blade file photo by Michael Key)

D.C.ā€™s Rainbow History Project announced it will hold a reenactment on Wednesday, April 17, of the historic first protest for gay rights in the form of a picket line in front of the White House that took place on that same day in 1965.

In a statement released last week, Rainbow History Project says the reenactment will mark the 59th anniversary of an event that is credited with bringing attention for the first time to the federal governmentā€™s longstanding discrimination against a minority group referred to then as homosexuals or gays and lesbians.

The statement notes that the 1965 event was organized by the Mattachine Society of Washington, D.C., the first politically active LGBT organization in the nationā€™s capital founded by local gay rights pioneer Frank Kameny.

ā€œThe picket took place on the White House sidewalk, Lafayette Park, 1600 Pennsylvania Ave., on April 17, 1965,ā€  the statement says. ā€œFor exactly one hour, from 4:20 p.m. to 5:20 p.m., members of the Mattachine Society of Washington walked in a circle, non-stop, in silence, carrying posters of their demands,ā€ the statement continues.

ā€œThe White House picket is the origin story for public demonstrations for gay rights in the U.S., and the origin story for Pride Marches and the annual LGBTQ Pride celebrations which occur across the globe,ā€ according to the statement.

It says those picketing in the April 1965 event, which included Kameny and longtime local D.C.-area lesbian activist Lilli Vincenz, both of whom held doctorate degrees, called on the government to adopt the Mattachine Society of Washingtonā€™s four major demands: an end to the exclusion of homosexuals from federal government employment; an end to the ban on gays and lesbians from serving in the U.S. military; an end to the ā€œblanket denialā€ of security clearances for gay people; and an end to the ā€œgovernment refusal to meet with the LGBTQ community.ā€™

Among those who chose not to respond to the request for a meeting was President Lyndon B. Johnson, who occupied the White House at the time of the 1965 picketing.

Vincent Slatt, the Rainbow History Projectā€™s director of archiving and one of the lead organizers of the April 17 reenactment event, said the event is aimed, among other things, at drawing attention to how far the LGBTQ community has come since 1965. He said the event is not in any way a protest of the administration of President Joe Biden and Vice President Kamala Harris, who Slatt called staunch supporters of the LGBTQ community.

ā€œWe are just reenacting this historical event and pointing out how far weā€™ve come,ā€ Slatt told the Washington Blade. ā€œIf you think about what it means in 1965 when these people were protesting and LBJ would not even respond to them. And now, we are at a place where Vice President Harris speaks on a stage at Capital Pride.ā€

The Rainbow History Project statement notes that the reenactment event will also be held in honor of Kameny, who died in 2011, and Vincenz, who passed away in 2023, both of whom participated in a similar reenactment event in 2008.

Among those who will be participating in this weekā€™s reenactment on April 17 will be longtime local LGBTQ rights activist Paul Kuntzler, who is the only known surviving person who was among the White House picketers at the April 1965 event. Kuntzler will be carrying a replica of his own picket sign he held at the 1965 event, the statement says.

It says Rainbow History Project volunteers will also carry replicas of the original protest signs and hand out literature explaining the picket to passersby and tourists.

Similar to the 1965 event, the reenactment picketing at the White House will begin on April 17 at about 4:15 p.m., according to Slatt of the Rainbow History Project.

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular