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Trump’s HIV/AIDS inaction in focus after 6 advisers resign

PACHA members insist Trump ‘simply does not care’ about epidemic

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The White House under the Obama administration adorned with a HIV/AIDS ribbon to observe World AIDS Day. (Washington Blade photo by Michael Key)

President Trump’s commitment to combatting HIV/AIDS — traditionally a bipartisan issue — has come into question following the resignation of six members of the President’s Advisory Council on HIV/AIDS.

In a joint letter to Newsweek published on Saturday, the members who resigned — Scott Schoettes, Lucy Bradley-Springer, Gina Brown, Ulysses Burley III, Michelle Ogle and Grissel Granados — said they no longer feel they can effectively combat the disease “within the confines of an advisory body to a president who simply does not care” and would engage in advocacy elsewhere.

Schoettes, counsel and HIV project director at Lambda Legal, cited in an interview with the Washington Blade as a major factor for his decision to resign the absence of concern for people with HIV/AIDS as seen in Trump’s efforts to repeal Obamacare.

“In a nutshell, it was because we wanted to make sure people living HIV were actually being taken into account as we engage in this debate around health care,” Schoettes said. “There doesn’t seem to be too much a debate going on as they write the law secretly in the Senate, but we wanted to do everything we could to raise the issue and make sure that the needs of this community were being considered as the heath care system in this country is being overhauled.”

Created in 1995, PACHA has provided advice starting in the Clinton administration and into the George W. Bush and Obama administrations to the secretary of health and human services on policy and research to promote effective treatment and prevention for HIV — maintaining the goal of finding a cure.

Such advice may now fall on deaf ears. Trump has yet to articulate a plan for HIV/AIDS in his administration, nor has his new administration made a concerted effort to address the epidemic.

Cited in the letter as a major reason for their decision to resign was the absence 132 days into the administration of a director for the White House Office of National AIDS Policy and the elimination of the Office of National AIDS Policy website.

Ogle, director of infectious diseases at the Warren-Vance Community Health Center in Henderson, N.C., said she was among those who resigned because of repeated snubs from the Trump administration on HIV/AIDS.

“Everything that we’re trying to do, they were undoing,” Ogle said. “When you add into that there was no consultation with us, there were no meetings with us to involve us in these decisions on cutting HIV/AIDS service programs, cutting prevention programs to the CDC, there was no consultation. So, we just felt that we needed to advocate at a different level and that maybe we would be better advocates outside of the government.”

At the start of the Trump administration, Ogle said PACHA sent a list of recommendations to Trump and Secretary of Health & Human Services Tom Price, and a subsequent letter on HIV/AIDS stigma, but said “there was no reaching out to us, there was no real engagement.”

That silence isn’t new. During the 2016 presidential election, both Hillary Clinton and Bernie Sanders met with HIV/AIDS stakeholders (although Sanders met with them after cancelling once and was criticized for backing the AIDS Healthcare Foundation’s California Drug Price Relief Act ballot proposal). As Ogle recalled, Trump “refused to meet with our stakeholders and advocates” despite their efforts.

“That was maybe an initial sign that it may be a bit more challenging to work with this administration,” Ogle said.

Trump’s approach to the disease also became apparent in cuts to HIV/AIDS programs in his proposed fiscal year 2018 budget request, which Ogle said eliminates entirely the AIDS Education Training Center as well as substance abuse and mental health services.

In addition to Medicaid rollbacks, the budget seeks to cut $150 million from the Centers for Disease Control’s HIV/AIDS prevention programs, $550 million from HIV research at the National Institutes for Health and 17 percent cuts each to the Global Fund to Fight AIDS, Tuberculosis & Malaria and the President’s Emergency Plan for AIDS Relief, which both seek to combat the epidemic globally.

“In his budget, everything that he proposed harms what it is were doing, harms people with HIV and AIDS and makes it very difficult of us to do what we do,” Ogle said.

Ogle said other members of PACHA decided to resign from the council immediately after Trump’s election out of a lack of faith in his leadership, but said nothing at the time. Ogle declined to identify them because she said they didn’t want publicity.

Under questioning from the Blade, White House Press Secretary Sean Spicer on Monday said he doesn’t know whether Trump would replace the PACHA members, but denied the president has no interest in HIV/AIDS, insisting he “cares tremendously about that and the impact it has.” (That was likely the first time a member of Trump’s team — either his administration or his campaign — publicly addressed HIV/AIDS.)

“Obviously, the individuals that he’s appointed here in the White House have been in communication with various stakeholders in that community to help develop policies and formulas going forward, but we’re going to continue to do what we can from a government standpoint,” Spicer said.

A White House official said Trump administration domestic policy council staffers have met HIV/AIDS groups or their representatives several times already.

Further, the White House official noted Trump hired as lead for health policy on the council, Katy Talento, an HIV/AIDS and other infectious diseases expert whom health advocates have praised as “talented” as the Blade reported in January.

Talento, the official said, has met twice with the head of HIV/AIDS at the Centers for Disease Control Center on HIV/AIDS to get briefed on the state of the epidemic. Talento and the head of PEPFAR, the U.S. global AIDS program, are on speed dial and speak frequently, the official said.

The official said PACHA members who resigned never reached out to Talento or Domestic Policy Council Director Andrew Bremberg. As Spicer alluded to in the briefing, the Obama administration eliminated all of George W. Bush’s appointees on the commission during the former administration before making new appointments.

Schoettes rejected Spicer’s assertion Trump cares about HIV/AIDS, saying “actions speak louder than words” the president’s actions “demonstrate the exact opposite.”

“It is an administration that has not been talking about this issue, considering this issue, working with the President’s Advisory Council on HIV/AIDS to consider the policy recommendations that we have been making,” Schoettes said. “Then they went and backed a piece of legislation that will have a devastating effect on people living with HIV and our ability to slow-curb the epidemic, so anyone who does that is demonstrating that they don’t actually care about people living HIV.”

Other members of PACHA who elected to stay as members of the council, not joining the six others who resigned, said they respect the decision of their colleagues, but felt a continued presence was needed.

Adaora Adimora, a medical doctor and professor of medicine and epidemiology at the University of North Carolina, Chapel Hill, said she understands why PACHA members decided to step down, but felt for her “it would be best to try to continue to work toward having a favorable effect on policies from inside the council.”

Under the Obama administration, Adimora recalled working toward a common goal — with the updated National HIV/AIDS Strategy as a guide — to combat the disease, which she said has changed under Trump.

“However, since this administration came, I can’t say I’ve heard specific statements about HIV,” Adimora said. “Instead we’ve seen proposal of policies that oppose expansion of health care coverage and many things that are essential for public health — and especially for people with HIV. And I think that’s a very clear problem.”

Cecilia Chung, senior strategist for the San Francisco-based Transgender Law Center and the third transgender person ever appointed to PACHA, said she “struggled with whether to resign,” but decided against it to ensure trans representation.

“I have two predecessors, one was a trans woman of color living with HIV, the other was a trans man who is a researcher and an academic,” Chung said. “Being appointed to PACHA did not seem such a big deal in the beginning but I do take these opportunities to make room for other trans women and color quite seriously, and since my term is ending after September, I decided to stay and hope that I will have a chance to recommend other trans women of color to my seat.”

Bishop Oliver Clyde Allen III, founder and senior pastor of the Vision Cathedral of Atlanta, said he does “respect those that left” and that the proposed cuts to Medicare and Medicaid are different from his own perspective, but he decided to stay with PACHA nonetheless as a representative of the faith community.

“My being part of PACHA was not about any president or any political party,” Allen said. “I was not on the Presidential Advisory Council to be friends with Obama, who appointed me, or any administration. My role is to advocate for my community, and that’s what I do. I’ve stayed on as a faith leader because the other part is as a faith leader I hadn’t believed God told me to leave PACHA, so I’m staying.”

Patrick Sullivan, a professor of epidemiology at the Emory University Rollins School of Public Health, said he respects those who resigned, but elected to stay “for the same reasons that they chose to leave, which is to say that we’re all trying to put ourselves where we feel like we can have the most impact at this moment.”

“HIV is the same virus and the pressures are the same pressures regardless of what party is in office,” Sullivan said. “We have amazing scientific tools to combat the HIV epidemic in the U.S. Treatment of people with HIV, which vastly reduces the chances that someone living with HIV will pass on the virus to someone else, and now Pre-Exposure Prophylaxis, which provides additional protection to people who are HIV negative and might be at risk — these are really amazing tools, and it shouldn’t be matter of partisanship.”

A common theme among PACHA members — both those who resigned and those who elected to stay – emerged over the Trump administration seeking to repeal Obamacare and replace it with the American Health Care Act.

An estimated 40 percent of people with HIV receive health coverage under Medicaid, which was significantly expanded under the Affordable Care Act for states that wanted to participate. Under the American Health Care Act, the Congressional Budget Office has determined 23 million would lose care largely due to cuts to Medicaid.

The U.S. House approved the American Health Care Act by a narrow party-line 217-213 vote. Now the U.S. Senate under Senate Majority Leader Mitch McConnell (R-Ky.) is drafting Senate Republicans’ version of the legislation in closed-door sessions with the intention of holding a vote before Congress adjourns in a matter of weeks.

Adimora didn’t hold back in her assessment that Trump’s plan to replace Obamacare with the American Health Care Act would be anything other than “disastrous” for people with HIV.

“The American Health Care Act and the administration’s previously stated interest in decreasing Medicaid is obviously disastrous for people with HIV and for the American public in general,” Adimora said. “It’s unclear to me why that is not obvious to everyone. There’s no way that you can leave so many people with inadequate health care coverage and expect the public’s health to do anything but get worse. There’s no way.”

Ogle recalled with indignation the news conference Trump held at the White House heralding as a victory House passage of the American Health Care Act.

“I saw them celebrate this in the Rose Garden on the White House lawn, a bunch of privileged white men with insurance, well-to-do, celebrating throwing 23 million people off of health insurance,” Ogle said.

Schoettes said if the U.S. government doesn’t seek to care for people with HIV with the Affordable Care Act, the nation needs “something a lot like it.”

“We need a health care system that is actually going to meet the needs of people living with HIV — as well as those with higher risk for people with HIV — and the proposal that they currently have on the table does not do either of those things,” Schoettes said.

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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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