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Wone case defendants: Where are they now?

Two changed names and moved to Miami; third works in D.C.

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Robert Wone, gay news, Washington Blade

Editor’s note: This is the second installment of a two-part report on the 10-year anniversary of the murder of local attorney Robert Wone. Click here for last week’s story.

On June 29, 2010, D.C. resident and prominent attorney Joseph Price, his domestic partner Victor Zaborsky, and their friend, housemate and reported lover Dylan Ward were found not guilty of charges linking them to the August 2006 murder of Washington attorney Robert Wone.

The three had been indicted in 2008 on charges of evidence tampering, obstruction of justice and conspiracy to obstruct justice in connection with the Wone case, but no murder charges were brought due to lack of sufficient evidence, police said.

Wone, a friend of the three men who was straight, was found stabbed to death in the guest bedroom of the townhouse where the three men lived near Dupont Circle. Wone had been spending the night there after working late at his D.C. office, the men told police.

The men also told police they believed an intruder killed Wone after entering the house through an unlocked back door while they were asleep in their respective bedrooms.

Homicide detectives and prosecutors disputed that claim, saying forensic evidence showed Wone appeared to have been immobilized by a paralytic drug, sexually assaulted, and stabbed three times in the chest and abdomen with no signs of a struggle.

Following a sensational trial covered extensively in the press, D.C. Superior Court Judge Lynn Leibovitz said prosecutors proved that the murder could not have been committed by an intruder but failed to prove beyond a reasonable doubt that the men engaged in evidence tampering or obstruction of justice.

The following year – in August 2011 – Price, Zaborsky and Ward agreed to an out-of-court settlement with Wone’s wife, Kathy Wone, who had filed a $20 million wrongful death lawsuit against them the previous year, charging them with being responsible for her husband’s death. Attorneys for Kathy Wone said the settlement involved a monetary payment to her from the three men, but she and Price, Zaborsky and Ward declined to disclose the amount of the settlement.

With that final hurdle seemingly cleared, attorneys representing the three men said their clients hoped to leave what they viewed as a five-year nightmare behind them and move ahead with their lives as private citizens.

Ties to Miami

Property records with the Miami-Dade County, Fla., Property Appraiser show that a Joseph R. Price and Victor J. Zaborsky own a house in Miami Shores, a Miami suburb.

Contributors to the website WhoMurderedRobertWone.com, which was launched shortly after Wone’s death in 2006, have reported that Price, Zaborsky and Ward have lived in or spent time in the Miami Shores house at various times since 2008.

Published reports and public records, including website postings of their current and past employers, show that Price has changed his name to Joseph Anderson and Ward changed his name to Dylan Thomas. It couldn’t immediately be determined whether the two petitioned a court for a legal name change.

In a website posting dated “winter 2013,” the Miami-based immigrant advocacy group Americans for Immigrant Justice, announced it had just hired “Joseph Anderson” as its new Director of Litigation.

“Mr. Anderson comes to us with a broad range of experience,” the announcement says. “His wealth of litigation experience stems from more than a decade of work at a large Washington, D.C. law firm where he rose to become partner and also handled numerous pro bono matters involving human and civil rights.”

The announcement was referring to then Joseph Price’s tenure at the D.C. law firm Arent Fox, which began in 1998 and lasted through part of 2008, when he left the firm following his arrest in the Wone case.

People who know Price note that he met Robert Wone when the two were students at the College of William and Mary in Virginia, where Price received his undergraduate degree in public policy in 1993. He received his law degree at the University of Virginia Law School and later became one of the founders of Equality Virginia, a statewide LGBT advocacy group.

Price became well known in LGBT rights circles when he served from 2002 to 2006 as Equality Virginia’s general counsel while continuing his main job at Arent Fox.

Last week, a staff member at the Miami-based consulting and communications company Gapingvoid confirmed that Joseph Anderson was currently working as an attorney for that firm. The Gapingvoid website last week featured a photo of Joseph Anderson, who clearly was the same person as the former Joseph Price based on earlier photos taken of him.

“An out-of-the-box attorney brings more than fifteen years of intellectual property (IP) licensing, litigation and general legal management skill to Gapingvoid’s efforts to rethink and redesign the business of business culture,” a profile of Anderson on the firm’s website said.

“Joe brings Gapingvoid’s creative philosophy to solving legal challenges and developing innovative business relationships that align to the needs of our partners and clients,” the profile said.

Contributors to the Who Murdered Robert Wone site reported last year that they discovered the name and photo of Dylan Thomas – who was clearly the same person as the former Dylan Ward – on the website of the Seattle Athletic Club in Seattle, Wash.

An April 2015 posting on the site welcomed Dylan Thomas as the club’s newly hired “massage practitioner” and “Pilates Instructor.”

“Dylan has practiced massage for seven years,” the write-up says. “Along with Swedish and Deep Tissue, Dylan has extensive experience in Thai massage, having studied three months in Chiang Mai in 2007,” it says.

“Dylan also comes to us with an impressive 800 hour comprehensive Pilates teacher training from the Pilates education Group in Miami under Anna Alvarez with Core Dynamics,” the Seattle Athletic Club web write-up says.

But similar to the sudden change in Joseph Anderson’s employer from American Immigrant Justice to Gapingvoid, Wone case observers noticed earlier this year that the Seattle Athletic Club no longer listed Thomas as being employed there. Instead, Dylan Thomas’s photo and short biography turned up on the website of the Miami-based health club called Pilates Miami.

“Dylan Thomas is a licensed massage therapist who fell in love with Pilates and never looked back,” the club’s web write up for Thomas says. It says he studied Pilates techniques in Miami before moving to Seattle, where he received further training.

“Dylan is profoundly grateful to both of his mentors and to all of the wonderful Pilates teachers who have so generously educated him in a discipline that, to him, is nothing less than joy in motion,” it says.

Thomas’s current work in massage therapy and Pilates marks another turn for a widely varied career and educational background. A native of Tacoma, Wash., and the son of a cardiologist, then Dylan Ward received a bachelor’s degree from Georgetown University’s School of Foreign Service in 1995. He went on to receive an Associate of Culinary Arts degree from the culinary Institute of America in New York.

His official biography says he earned a master’s in children’s literature degree from Simmons College in Boston in 2003 and went on to write and edit numerous children’s books.

After meeting then Joe Price and Zaborsky in Washington, D.C., and later moving in with them, Ward soon began work at Equality Virginia and became the group’s development director, where he reportedly excelled in fundraising. His career took another turn in 2006, when he graduated from the Potomac Institute of Massage Therapy and became licensed to practice massage in D.C.

Zaborsky, who has worked since 1995 for the D.C.-based dairy and milk industry trade association called the Milk Processor Education Program or MilkPEP, is profiled on the organization’s website with no change in his name.

“In his role as Vice President for Marketing, he leads consumer marketing efforts for the Milk Life campaign (formerly National Milk Mustache ‘got milk?’ campaign) and The Great American Milk Drive, an industry-wide national program optimized for the retail environment,” the website profile for Zaborsky says.

“His expertise in strategic planning, communication, multicultural marketing, social media, digital and content marketing has helped drive milk consumption and sales,” says the profile, which includes a photo of Zaborsky.

It couldn’t immediately be determined whether Zaborsky spends time in the Miami Shores house where Joe Anderson and Dylan Ward are believed to be living.

Neither of the three men responded to messages seeking comment on their activities in the 10 years since Robert Wone’s death.

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6 Comments

6 Comments

  1. ColdWarrior

    August 20, 2016 at 3:38 am

    They were not “found not guilty.”

  2. Brian's Ions

    August 22, 2016 at 9:32 am

    For nearly TEN years, the DC police crony team of Chief Cathy Lanier and Assistant Chief Diane Groomes have conducted a persistent, quiet, death-by-a-thousand-cuts assault on the Metropolitan Police Department’s Community Policing LGBT Liaison Unit (LGBTLU).

    That LGBT unit (formerly, ‘GLLU’) was established by a then reform-minded police chief, Charles H. Ramsey. Ramsey was tapped from OUTSIDE of MPD from Chicago’s PD after DC Police Chief Soulsby resigned in disgrace for his connection to a police blackmail scheme direct at gay men visiting DC gay bars and clubs.

    See…
    WASHINGTON POST
    **D.C. Police Chief Larry D. Soulsby resigned yesterday, less than two hours before the police lieutenant with whom he shared a cut-rate luxury apartment was charged with extorting money from married men who frequented gay bars.**
    http://www.washingtonpost.com/wp-srv/local/longterm/library/dc/dcpolice/stories/resign26.htm

    Now, as was widely reported last week, Chief Lanier is moving on to greener pastures with the NFL in NY.

    But instead of conducting a nationwide search, open and transparent, for a proven, experienced police chief to run DC’s police department, Mayor Bowser apparently wants to appoint Groomes to the job.

    There has been scant or no input from Mendelson, McDuffie, Cheh and other Council leaders and public safety committee members.

    It’s too bad the Blade is not covering this story… of news that will greatly impact police services for DC’s LGBTQ residents and businesses well into the future.

  3. caligula

    September 11, 2016 at 4:56 am

    (((Victor Zaborsky)))

  4. Shawn

    March 21, 2017 at 4:14 am

    You forgot to mention the intruder entered the house from the rear without disturbing any nature outside the break in door, then walked past thousands of dollars in electronics to climb the stairs to go to the 2nd floor. When he arrives upstairs he does not enter the first closed door he comes upon but instead walks down the hall to the guest room opens the door to find the sleeping guest. The intruder was quite good with that knife he lifted from the kitchen making 3 perfect four inch stab wounds with a 5 inch knife and then leaves the knife on the night stand and flees wothout taking anything and not disturbing anything inside or outside the house. The police did notice a missing 4 inch knife from the culinary set of roommate Dylan Thomas.Oh yes and the first version of the story they told police Wone was stabbed in the kitchen and then brought up to the guest room.

  5. Michael Johnston

    May 1, 2017 at 3:03 am

    I dont understand why they killed him, but Im sure they did do it.

  6. joeblow55

    June 9, 2017 at 11:40 pm

    We know who this nefarious criminal menage a trois are and I hope this site keeps us notified as to their whereabouts. As usual, there was a lawyer behind this murder scheme. Wones wife took the cash and apparently lost interest. Poor Robert Wone. You can run boys, but you can’t hide from this gruesome crime.

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Top 10 Blade news stories by web traffic

COVID breakthroughs, Equality Act, and anti-trans attacks

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Elliot Page created excitement by posting his first photo in swim trunks back in May.

Each year our staff gathers in late December to review the highest trafficked stories of the year and there’s more than a little bit of competitive spirit as we review the results. Here are the top 10 stories by web traffic at  HYPERLINK “http://washingtonblade.com”washingtonblade.com for 2021.

#10: Mark Glaze, gun reform advocate, dies at 51

The sad, tragic story of Glaze’s death captivated readers in November. 

#9: COVID breakthrough infections strike summer tourists visiting Provincetown

This one went viral in July after a COVID outbreak was blamed on gay tourists.

#8: Thank you, Kordell Stewart, for thoughtful response to ‘the rumor’

This opinion piece thanked the former NFL quarterback for writing a personal essay addressing gay rumors. 

#7: Elliot Page tweets; trans bb’s first swim trunks #transjoy #transisbeautiful

The actor created excitement by posting his first photo in swim trunks back in May.

#6: Romney declares opposition to LGBTQ Equality Act

Mitt Romney disappointed activists with his announcement; the Equality Act passed the House but never saw a vote in the Senate.

#5: White House warns state legislatures that passing anti-trans bills is illegal

The year 2021 saw a disturbing trend of GOP-led legislatures attacking trans people.

#4: Lincoln Project’s avowed ignorance of Weaver texts undercut by leaked communications

The Lincoln Project’s leaders, amid a scandal of co-founder John Weaver soliciting sexual favors from young men, have asserted they were unaware of his indiscretions until the Blade obtained electronic communications that called that claim into question.

#3: FOX 5’s McCoy suspended over offensive Tweet

Blake McCoy tweeted that obese people shouldn’t get priority for the COVID vaccine. 

#2: Transgender USAF veteran trapped in Taliban takeover of Kabul

Among the Americans trapped in the suburban areas of Kabul under Taliban control was a transgender government contractor for the U.S. State Department and former U.S. Air Force Sergeant. She was later safely evacuated.

#1: Amid coup chaos, Trump quietly erases LGBTQ protections in adoption, health services

And our most popular story of 2021 was about the Trump administration nixing regulations barring federal grantees in the Department of Health & Human Services from discriminating against LGBTQ people, including in adoption services.

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CDC still falling short on LGBTQ data collection for COVID patients: expert

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COVID-19 vaccine, gay news, Washington Blade
The CDC is still not issuing guidance to states on LGBTQ data collection among COVID patients.

Despite requests since the start of the COVID pandemic for the U.S. government to enhance data collection for patients who are LGBTQ, the Centers for Disease Control & Prevention is still falling short on issuing nationwide guidance to states on the issue, a leading expert health on the issue told the Blade.

With a renewed focus on COVID infections reaching new heights just before the start of the holidays amid the emergence of Omicron, the absence of any LGBTQ data collection — now across both the Trump and Biden administrations — remains a sore point for health experts who say that information could be used for public outreach.

Sean Cahill, director of Health Policy Research at the Boston-based Fenway Institute, said Wednesday major federal entities and hospitals have been collecting data on whether patients identify as LGBTQ for years — such as the National Health & Nutrition Examination Survey, which has been collecting sexual orientation data since the 1990s — but the CDC hasn’t duplicated that effort for COVID even though the pandemic has been underway for two years.

“It’s not like this is a new idea,” Cahill said. “But for some reason, the pandemic hit, and all of a sudden, we realize how little systematic data we were collecting in our health system. And it’s a real problem because we’re two years into the pandemic almost, and we still don’t know how it’s affecting this vulnerable population that experiences health disparities in other areas.”

The Blade was among the first outlets to report on the lack of efforts by the states to collect data on whether a COVID patient identifies as LGBTQ, reporting in April 2020 on the absence of data even in places with influential LGBTQ communities. The CDC hasn’t responded to the Blade’s requests for nearly two years on why it doesn’t instruct states to collect this data, nor did it respond this week to a request for comment on this article.

Cahill, who has published articles in the American Journal of Public Health on the importance of LGBTQ data collection and reporting in COVID-19 testing, care, and vaccination — said he’s been making the case to the CDC to issue guidance to states on whether COVID patients identify as LGBTQ since June 2020.

Among those efforts, he said, were to include two comments he delivered to the Biden COVID-19 Health Equity Task Force in spring 2021, a letter a coalition of groups sent to the Association of State & Territorial Health Officers asking for states to collect and report SOGI in COVID in December 2020 as well as letters to HHS leadership and congressional leadership in spring and summer 2020 asking for them to take steps to encourage or require SOGI data collection in COVID.

Asked what CDC officials had to say in response when he brought this issue to their attention, Cahill said, “They listen, but they don’t really tell me anything.”

“We’ve been making that case, and to date, as of December 22, 2021, they have not issued guidance, they have not changed the case report form. I hope that they’re in the process of doing that, and maybe we’ll be pleasantly surprised in January, and they’ll come up with something…I really hope that’s true, but right now they’re not doing anything to promote SOGI data collection and reporting in surveillance data.”

Cahill, in an email to the Blade after the initial publication of this article, clarified CDC has indicated guidance on LGBTQ data collection for COVID patients may come in the near future.

“HHS leaders told us this fall that CDC is working on an initiative to expand SOGI data collection,” Cahill said. “We are hopeful that we will see guidance early in 2022. Key people at CDC, including Director Walensky, understand the importance of SOGI data collection given their long history of working on HIV prevention.”

In other issues related to LGBTQ data collection, there has been a history of states resisting federal mandates. The Trump administration, for example, rescinded guidance calling on states to collect information on whether foster youth identified as LGBTQ after complaints from states on the Obama-era process, much to the consternation of LGBTQ advocates who said the data was helpful.

The White House COVID-19 Health Equity Task Force has at least recognized the potential for enhancing LGBTQ data collection efforts. Last month, it published an implementation plan, calling for “an equity-centered approach to data collection, including sufficient funding to collect data for groups that are often left out of data collection (e.g….LGBTQIA+ people).”

The plan also calls for “fund[ing] activities to improve data collection…including tracking COVID-19 related outcomes for people of color and other underserved populations,” and specifically calls for the collection of LGBTQ data.

The importance of collecting LGBTQ data, Cahill said, is based on its potential use in public outreach, including efforts to recognize disparities in health population and to create messaging for outreach, including for populations that may be reluctant to take the vaccine.

“If we see a disparity, we can say: Why is that?” Cahill said. “We could do focus groups of the population — try to understand and then what kind of messages would reassure you and make you feel comfortable getting a vaccine, and we could push those messages out through public education campaigns led by state local health departments led by the federal government.”

The LGBTQ data, Cahill said, could be broken down further to determine if racial and ethnic disparities exist within the LGBTQ population, or whether LGBTQ people are likely to suffer from the disease in certain regions, such as the South.

“We have data showing that lesbian or bisexual women, and transgender people are less likely to be in preventive regular routine care for their health,” Cahill said. “And so if that’s true, there’s a good chance that they’re less likely to know where to get a vaccine, to have a medical professional they trust to talk to about it today.”

Among the leaders who are supportive, Cahill said, is Rachel Levine, assistant secretary for health and the first openly transgender person confirmed by the U.S. Senate for a presidential appointment. Cahill said he raised the issue with her along with other officials at the Department of Health & Human Services three times in the last year.

In her previous role as Pennsylvania secretary of health, Levine led the way and made her state the first in the nation to set up an LGBTQ data collection system for COVID patients.

“So she definitely gets it, and I know she’s supportive of it, but we really need the CDC to act,” Cahill said.

Although the federal government has remained intransigent in taking action, Cahill said the situation has improved among states and counted five states — California, Pennsylvania, Rhode Island, Nevada and Oregon — in addition to D.C. as among those that have elected to collect data on sexual orientation and gender identity of COVID patients.

However, Cahill said even those data collection efforts are falling short because those jurisdictions have merely been public about collecting the data, but haven’t reported back anything yet.

“Only California has reported data publicly, and the data that they’re reporting is really just the completeness of the data,” Cahill said. “They’re not reporting the data itself…And they’re also just asking people who tests positive. So, if somebody says positive COVID in California, a contact tracer follows up with that individual and asks them a battery of questions, and among the questions that are asked are SOGI questions.”

As a result of these efforts, Cahill said, California has data on the LGBTQ status of COVID patients, but the data is overwhelmingly more complete for the gender identity of these patients rather than their sexual orientation. As of May 2021, California reported that they had sexual orientation data for 9.5 percent of individuals who had died from COVID and 16 percent of people who tested positive, but for gender identity, the data were 99.5 percent.

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Equality Act, contorted as a danger by anti-LGBTQ forces, is all but dead

No political willpower to force vote or reach a compromise

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Despite having President Biden in the White House and Democratic majorities in both chambers of Congress, efforts to update federal civil rights laws to strengthen the prohibition on discrimination against LGBTQ people by passing the Equality Act are all but dead as opponents of the measure have contorted it beyond recognition.

Political willpower is lacking to find a compromise that would be acceptable to enough Republican senators to end a filibuster on the bill — a tall order in any event — nor is there the willpower to force a vote on the Equality Act as opponents stoke fears about transgender kids in sports and not even unanimity in the Democratic caucus in favor of the bill is present, stakeholders who spoke to the Blade on condition of anonymity said.

In fact, there are no imminent plans to hold a vote on the legislation even though Pride month is days away, which would be an opportune time for Congress to demonstrate solidarity with the LGBTQ community by holding a vote on the legislation.

If the Equality Act were to come up for a Senate vote in the next month, it would not have the support to pass. Continued assurances that bipartisan talks are continuing on the legislation have yielded no evidence of additional support, let alone the 10 Republicans needed to end a filibuster.

“I haven’t really heard an update either way, which is usually not good,” one Democratic insider said. “My understanding is that our side was entrenched in a no-compromise mindset and with [Sen. Joe] Manchin saying he didn’t like the bill, it doomed it this Congress. And the bullying of hundreds of trans athletes derailed our message and our arguments of why it was broadly needed.”

The only thing keeping the final nail from being hammered into the Equality Act’s coffin is the unwillingness of its supporters to admit defeat. Other stakeholders who spoke to the Blade continued to assert bipartisan talks are ongoing, strongly pushing back on any conclusion the legislation is dead.

Alphonso David, president of the Human Rights Campaign, said the Equality Act is “alive and well,” citing widespread public support he said includes “the majority of Democrats, Republicans and independents and a growing number of communities across the country engaging and mobilizing every day in support of the legislation.”

“They understand the urgent need to pass this bill and stand up for LGBTQ people across our country,” David added. “As we engage with elected officials, we have confidence that Congress will listen to the voices of their constituents and continue fighting for the Equality Act through the lengthy legislative process.  We will also continue our unprecedented campaign to grow the already-high public support for a popular bill that will save lives and make our country fairer and more equal for all. We will not stop until the Equality Act is passed.”

Sen. Jeff Merkley (D-Ore.), chief sponsor of the Equality Act in the Senate, also signaled through a spokesperson work continues on the legislation, refusing to give up on expectations the legislation would soon become law.

“Sen. Merkley and his staff are in active discussions with colleagues on both sides of the aisle to try to get this done,” McLennan said. “We definitely see it as a key priority that we expect to become law.”

A spokesperson Senate Majority Leader Charles Schumer (D-N.Y.), who had promised to force a vote on the Equality Act in the Senate on the day the U.S. House approved it earlier this year, pointed to a March 25 “Dear Colleague” letter in which he identified the Equality Act as one of several bills he’d bring up for a vote.

Despite any assurances, the hold up on the bill is apparent. Although the U.S. House approved the legislation earlier this year, the Senate Judiciary Committee hasn’t even reported out the bill yet to the floor in the aftermath of the first-ever Senate hearing on the bill in March. A Senate Judiciary Committee Democratic aide, however, disputed that inaction as evidence the Equality Act is dead in its tracks: “Bipartisan efforts on a path forward are ongoing.”

Democrats are quick to blame Republicans for inaction on the Equality Act, but with Manchin withholding his support for the legislation they can’t even count on the entirety of their caucus to vote “yes” if it came to the floor. Progressives continue to advocate an end to the filibuster to advance legislation Biden has promised as part of his agenda, but even if they were to overcome headwinds and dismantle the institution needing 60 votes to advance legislation, the Equality Act would likely not have majority support to win approval in the Senate with a 50-50 party split.

The office of Manchin, who has previously said he couldn’t support the Equality Act over concerns about public schools having to implement the transgender protections applying to sports and bathrooms, hasn’t responded to multiple requests this year from the Blade on the legislation and didn’t respond to a request to comment for this article.

Meanwhile, Sen. Susan Collins (R-Maine), who declined to co-sponsor the Equality Act this year after having signed onto the legislation in the previous Congress, insisted through a spokesperson talks are still happening across the aisle despite the appearances the legislation is dead.

“There continues to be bipartisan support for passing a law that protects the civil rights of Americans, regardless of their sexual orientation or gender identity,” said Annie Clark, a Collins spokesperson. “The Equality Act was a starting point for negotiations, and in its current form, it cannot pass. That’s why there are ongoing discussions among senators and stakeholders about a path forward.”

Let’s face it: Anti-LGBTQ forces have railroaded the debate by making the Equality Act about an end to women’s sports by allowing transgender athletes and danger to women in sex-segregated places like bathrooms and prisons. That doesn’t even get into resolving the issue on drawing the line between civil rights for LGBTQ people and religious freedom, which continues to be litigated in the courts as the U.S. Supreme Court is expected any day now to issue a ruling in Fulton v. City of Philadelphia to determine if foster care agencies can reject same-sex couples over religious objections.

For transgender Americans, who continue to report discrimination and violence at high rates, the absence of the Equality Act may be most keenly felt.

Mara Keisling, outgoing executive director of the National Center for Transgender Equality, disputed any notion the Equality Act is dead and insisted the legislation is “very much alive.”

“We remain optimistic despite misinformation from the opposition,” Keisling said. “NCTE and our movement partners are still working fruitfully on the Equality Act with senators. In fact, we are gaining momentum with all the field organizing we’re doing, like phone banking constituents to call their senators. Legislating takes time. Nothing ever gets through Congress quickly. We expect to see a vote during this Congress, and we are hopeful we can win.”

But one Democratic source said calls to members of Congress against the Equality Act, apparently coordinated by groups like the Heritage Foundation, have has outnumbered calls in favor of it by a substantial margin, with a particular emphasis on Manchin.

No stories are present in the media about same-sex couples being kicked out of a restaurant for holding hands or transgender people for using the restroom consistent with their gender identity, which would be perfectly legal in 25 states thanks to the patchwork of civil rights laws throughout the United States and inadequate protections under federal law.

Tyler Deaton, senior adviser for the American Unity Fund, which has bolstered the Republican-led Fairness for All Act as an alternative to the Equality Act, said he continues to believe the votes are present for a compromise form of the bill.

“I know for a fact there is a supermajority level of support in the Senate for a version of the Equality Act that is fully protective of both LGBTQ civil rights and religious freedom,” Deaton said. “There is interest on both sides of the aisle in getting something done this Congress.”

Deaton, however, didn’t respond to a follow-up inquiry on what evidence exists of agreeing on this compromise.

Biden has already missed the goal he campaigned on in the 2020 election to sign the Equality Act into law within his first 100 days in office. Although Biden renewed his call to pass the legislation in his speech to Congress last month, as things stand now that appears to be a goal he won’t realize for the remainder of this Congress.

Nor has the Biden administration made the Equality Act an issue for top officials within the administration as it pushes for an infrastructure package as a top priority. One Democratic insider said Louisa Terrell, legislative affairs director for the White House, delegated work on the Equality Act to a deputy as opposed to handling it herself.

To be sure, Biden has demonstrated support for the LGBTQ community through executive action at an unprecedented rate, signing an executive order on day one ordering federal agencies to implement the U.S. Supreme Court’s decision last year in Bostock v. Clayton County to the fullest extent possible and dismantling former President Trump’s transgender military ban. Biden also made historic LGBTQ appointments with the confirmation of Transportation Secretary Pete Buttigieg and Rachel Levine as assistant secretary of health.

A White House spokesperson insisted Biden’s team across the board remains committed to the Equality Act, pointing to his remarks to Congress.

“President Biden has urged Congress to get the Equality Act to his desk so he can sign it into law and provide long overdue civil rights protections to LGBTQ+ Americans, and he remains committed to seeing this legislation passed as quickly as possible,” the spokesperson said. “The White House and its entire legislative team remains in ongoing and close coordination with organizations, leaders, members of Congress, including the Equality Caucus, and staff to ensure we are working across the aisle to push the Equality Act forward.”

But at least in the near-term, that progress will fall short of fulfilling the promise of updating federal civil rights law with the Equality Act, which will mean LGBTQ people won’t be able to rely on those protections when faced with discrimination based on sexual orientation or gender identity.

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