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

Speculation mounts that president will act after Biden address

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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.”

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Antony Blinken, USAID mark World AIDS Day

Officials reiterate Biden-Harris administration’s commitment to end pandemic

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(Bigstock photo)

Secretary of State Antony Blinken and the U.S. Agency for International Development on Sunday marked World AIDS Day.

Blinken in his statement echoed the Biden-Harris administration’s call “for collective action with partners around the world to sustain and accelerate the great progress we have made toward ending HIV/AIDS as a public health threat by 2030.”

“Over the past four years, the State Department has worked tirelessly to save lives through the Presidentā€™s Emergency Plan for AIDS Relief (PEPFAR),” the statement reads. “In partnership with foreign governments, PEPFAR has changed the trajectory of the HIV/AIDS pandemic and now supports more than 20 million people on lifesaving treatment across 55 countries around the world. Independent analyses have documented a direct link of this lifesaving work to economic growth across PEPFAR partner countries. Bipartisan action on a clean, five-year reauthorization of PEPFAR is essential to ending HIV/AIDS as a public health threat and to implementing the programā€™s plans to sustain success over the long term through partner country and community-led and managed programs.”

Blinken further stressed World AIDS Day “is a day to remember the more than 42 million lives lost to HIV/AIDS ā€” a stark reminder of the threat this virus continues to pose if we do not ensure that partner countries have the vision and capacity to sustain a bold response.”

“We must continue to chart a course together that will help communities stay safe and prosperous by ending HIV/AIDS as a public health threat,” he said.

USAID spokesperson Benjamin Suarato in a statement echoed Blinken.

“Each year, we observe World AIDS Day to honor people living with and affected by HIV, remember those we have lost, and recommit to ending HIV as a public health threat by 2030,” said Suarato. “For decades, USAID has worked to support those affected by HIV, as well as the health workers, scientists, researchers, advocates, and communities dedicated to the HIV response.”

Suarato noted this year’s World AIDS Day’s theme, “Collective Action: Sustain and Accelerate HIV Progress,” “underscores the long-term leadership of the United States to galvanize global solidarity and make critical investments to reduce HIV transmission, improve access to treatment, and advance transformative partnerships to sustain a locally-led HIV response.” Suarato also highlighted PEPFAR has saved “more than 25 million lives and helped more than 5.5 million babies to be born HIV-free across 55 countries.”

“We recognize that ending HIV as a public health threat requires enduring cooperation with partner country governments, civil society, faith-based, and other non-governmental organizations, researchers, and scientists,” said Suarato. “It also requires us to continue to elevate the leadership of communities and individuals living with and affected by HIV. On this World AIDS Day, USAID reaffirms our dedication to collective action.”

President Joe Biden and first lady Jill Biden on Sunday will commemorate World AIDS Day at the White House. AIDS Memorial Quilt panels will be shown on the White House’s South Lawn for the first time.

The Washington Blade will have further coverage of the White House commemoration.

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India’s Transgender Welfare Boards fail to meet trans people’s basic needs

Committees have only been established in 17 regions

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(Photo by Rahul Sapra via Bigstock)

Nineteen of Indiaā€™s 28 states and eight union territories lack a functional Transgender Welfare Board, despite legal mandates.

Most of the boards that have been established in 17 regions operate without policies, compliance framework, or any substantial authority. This lack of oversight, combined with an absence of policies, has left transgender Indians without access to critical services.

India’s 2011 Census says there are 487,803 trans people in the country, yet only 5.6 percent have managed to apply for a trans identity card. These identity cards, essential for accessing government programs designed specifically for trans people, remain challenging to obtain, hindering access to crucial welfare programs.

Under the Transgender Persons (Protection of Rights) Act 2019 and its 2020 rules, 17 states and union territories, including Assam, Bihar, Chandigarh, Chhattisgarh, Gujarat, Jammu and Kashmir, Kerala, Maharashtra, Manipur, Meghalaya, Mizoram, Rajasthan, Tamil Nadu, Telangana, Tripura, Uttar Pradesh, and West Bengal, have notified the establishment of a Transgender Welfare Board. Rule 10(1) of the law, however, mandates all state and union governments must constitute a board to safeguard trans rights, promote their interests, and facilitate access to government welfare schemes.

Reports reveal most Indian states with a notified Transgender Welfare Board have held fewer than one meeting per year since their inception, raising concerns about the effectiveness of these boards. States such as Gujarat, Jammu and Kashmir, Chhattisgarh, Manipur, and Tripura have yet to disclose any updates on their boardsā€™ activities. Notably, Gujaratā€™s Transgender Welfare Board, established in collaboration with UNAIDS in 2019, reportedly did not hold a single meeting until Oct. 14, according to board members. 

Only a few states and union territories saw any regular activity from their Transgender Welfare Boards in 2023; with Tamil Nadu, Kerala, Chandigarh, and Maharashtra holding just four meetings each. Other states have held fewer meetings or none at all since the boardā€™s formation.

In states like Mizoram, the Transgender Welfare Board has not held meeting since its creation. 

In Manipur, the board has been virtually defunct since its establishment in 2017. Although the state’s reappointed the 17-member board last year, it included only minimal trans representation, with one trans woman and one trans man appointed.

The Punjab and Haryana High Court in 2022 criticized the Chandigarh Transgender Welfare Board for its insufficient activity, describing it as a mere “cosmetic feature” in a Public Interest Litigation filed by Yashika, a trans student. The court observed that the board had failed to meet regularly, hindering its ability to fulfill its duties and effectively support the trans community. 

“Although the petitioner had submitted complaints in this regard to the Union Territory Administration, no relief was granted and, thus, it is essential to ensure that bodies such as the Transgender Welfare Board acquire teeth and do not remain cosmetic features,” said the High Court. “Meetings should be held more frequently so that issues likely to arise in the future can be anticipated.ā€

An Amicus Curiae the Kerala High Court appointed in 2021 reported the Kerala State Transgender Justice Board had not held a single meeting that year.

Since its creation under the Social Justice and Empowerment Ministry, the National Council for Transgender Persons has held only two meetings in the past four years. Reports also suggest that budget allocations for state Transgender Welfare Boards often vary based on the ruling political party.

Maharashtra in 2020 allocated approximately $602,410 to its welfare board, but no further budget was earmarked for the board after the government changed. 

Souvik Saha, founder of Jamshedpur Queer Circle, an LGBTQ organization that conducts sensitization workshops with law enforcement and local communities, criticized the frequent inaction of Transgender Welfare Boards. 

“As an LGBTQ rights activist and head of Jamshedpur Queer Circle, I find it deeply disheartening yet unsurprising that only 5.6 percent of transgender people in India possess a transgender ID card. This figure underscores the systemic barriers faced by the transgender community when accessing their rights,” said Saha. “The example of Gujarat’s Transgender Welfare Board, which despite its collaboration with UNAIDS was dormant for nearly four years, illustrates how bureaucratic inefficiency and lack of political will stymie progress. Similarly, Mizoramā€™s board has yet to hold a single meeting, reflecting the widespread neglect of transgender issues.”

Souvik further said the situation in Jharkhand mirrors these national trends.

The stateā€™s Transgender Welfare Board, though established, has faced challenges in regular functioning and proactive policy implementation. Reports from local community members highlight that meetings are infrequent and the boardā€™s activities lack sufficient outreach. Trans people in Jharkhand, as a consequence, face barriers in securing IDs and accessing welfare schemes, contributing to a continued cycle of marginalization.

Saha told theĀ Washington BladeĀ that inaction within Transgender Welfare Boards stems from a lack of political will, bureaucratic hurdles, social stigma, marginalization, and inadequate representation. His organization has encountered numerous stories reflecting these challenges, with community members expressing frustration over the stagnant state of welfare boards and theĀ difficultĀ process of obtaining official recognition. Saha emphasized that these systemic barriers leave many in the transgender community struggling to access the support and resources they are entitled to.

“For any meaningful change, it is essential that welfare boards function effectively, with regular meetings, transparent procedures, and active community involvement,” said Saha. “The government must take urgent steps to address these issues, enforce accountability, and collaborate with local LGBTQ organizations to bridge the gaps between policy and practice.”

Meera Parida, aĀ trans activistĀ from Odisha, told the BladeĀ that while the previous state government implemented numerous welfare initiatives for trans individuals, it fell short of establishing a dedicated Transgender Welfare Board.

“Back then it was Biju Janata Dal party leading the state and now it is Bharatiya Janata Party (BJP) still there is no Transgender Welfare Board in the state,” said Parida. “After the Supreme Court’s judgement, it was our thought that some radical change is coming, nothing short of that happened. Most of the governments have no interest in it and that is why this is not happening.”

Parida told the Blade it was also her failure as she was associated with the previous government and in the party, but she was not able to convince her political party to establish a welfare board for trans people. 

The Blade reached out to UNAIDS for reaction, but the organization has yet to response.

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Comings & Goings

Charles Roth joins board of Pride Bands Alliance

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Charles Roth

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].Ā 

Congratulations to Charles Roth on his appointment to the board of directors of the Pride Bands Alliance, the national and international organization for LGBTQ bands. On his appointment Roth said, ā€œI am beyond humbled, and excited, to join the Board of Directors of Pride Bands Alliance at the national / international level for LGBTQ+ band organizations.  The mission of promoting diversity, inclusivity, community, and pride through music is something I have always held very close to my heart.  I very much look forward to working with this amazing organization and team, to keep that visibility alive and well, and to help foster and expand it even more across our country.ā€

Roth is the 2025 Guest Drum Major for The Queer Big Apple Corps, and former Marching Band Artistic Director for D.C.ā€™s Different Drummers. Under his leadership, DCDD expanded its presence in and around our nationā€™s capital, featuring high-profile performances including at the National Cherry Blossom Festival Parade, Smithsonian Institute, World Pride 2019, and two special appearances at the Naval Observatory, home of Vice President Kamala Harris. He is the Team DC LGBTQ Student Athlete Scholarship Chair, and board member.  He is a band director in Alexandria City Public Schools, and teaches middle school band at a Title I, International Baccalaureate School, where he built an award-winning program.  

Congratulations also to Amira McKee and Chinanu Okoli, named by The Association of LGBTQ+ Journalists as recipients of the 2024 Phillips-Green Family Scholarship. These scholarships provide financial assistance to two CONNECT participants to support their participation in the CONNECT Student Journalism Training Project, and help launch their careers as young journalists.

“We are so excited to be partnering with the Phillips-Green Family Fund,” said NLGJA Executive Director Adam Pawlus. “Thanks to their generosity, we are thrilled to continue our support for young journalists whose work exemplifies our mission of creating a fairer and more diverse field of journalism.” 

The CONNECT Student Journalism Training Project provides real-world, hands-on experience to students or recent graduates pursuing a career in journalism. The Phillips-Green Family Fund aims to provide organizations with financial assistance that work toward the education and well-being of women, children, and families. Their support helps make it possible for students in financial need to participate in our CONNECT program.

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