National
Obama praised for jobs speech despite ENDA omission
President doesn’t mention lack of federal protections in remarks
President Barack Obama addresses the joint session of Congress (Washington Blade photo by Michael Key)
LGBT advocates praised the initiatives President Obama set forth in his jobs speech Thursday night — even though his address made no direct reference to the lack of federal job protections for LGBT people.
Speaking before a joint session of Congress, Obama unveiled a $447 billion plan — dubbed the American Jobs Act — that aims to stimulate the economy through payroll tax cuts, tax breaks for companies hiring new workers, funds for infrastructure development and regulatory reform.
“The people of this country work hard to meet their responsibilities,” Obama said. “The question tonight is whether we’ll meet ours. The question is whether, in the face of an ongoing national crisis, we can stop the political circus and actually do something to help the economy; whether we can restore some of the fairness and security that has defined this nation since our beginning.”
Whether Congress will be able to pass Obama’s plan — or any jobs initiative — remains to be seen. So far this year, Congress and the White House argued until the absolute deadline to pass a resolution to keep funding the U.S. government for the remainder of fiscal year 2011, and again bickered until the last possible day to come an agreement to raise the nation’s debt ceiling and avoid default on the country’s financial obligations.
Questions also persist regarding Obama’s approach to paying for his $447 billion initiative. The president is calling on the congressional “Super Committee” established by the debt deal to come up with the additional deficit reduction needed to pay for the measure in addition to meeting an already established target of $1.5 trillion in deficit reduction.
One problem with job security that Obama didn’t mention in his speech was the lack of federal non-discrimination protections faced by LGBT Americans in the workplace. Firing someone for being gay is legal in 29 states and firing someone for being transgender is legal in 35 states.
Obama campaigned on passage of the Employment Non-Discrimination Act — legislation that would bar such job bias against LGBT people in the public and private workforce — but the bill has languished for years and didn’t even see a committee vote in the last Congress when Democrats were in control of both the House and Senate.
No mention of ENDA or the lack of federal workplace protections for LGBT people was included in the president’s remarks.
Shin Inouye, a White House spokesperson, said the president continues to support ENDA, but the purpose of his speech was to address the larger jobs crisis faced by all Americans.
“On Thursday, the President announced that he is sending to Congress the American Jobs Act — a set of ideas supported by both Democrats and Republicans that Congress must pass right away,” Inouye said. “The purpose of the American Jobs Act is simple: put more people back to work and put more money in the pockets of working Americans, including LGBT Americans. The President has long supported an inclusive ENDA, but Thursday’s remarks were about the American Jobs Act, and not everything we support.”
Despite the lack of any explicit mention, LGBT advocates praised the plan Obama unveiled on Thursday and said the policies would benefit all Americans — including LGBT people.
Mara Keisling, executive director of the National Center for Transgender Equality, said Obama’s proposals would be “very positive” for LGBT Americans and transgender people in particular.
Keisling said Obama’s proposal to offer a tax credit of up to $4,000 to companies that hire potential workers searching for a job for more than six months is particularly important to transgender workers.
“We are disproportionately likely to be among the long-term unemployed and disproportionately likely to have faced recessionary discrimination during this current downturn,” Keisling said. “So $4,000 job credits for employers who hire long-term unemployed and prohibiting discrimination against long-term unemployed will be especially helpful and important.”
Keisling said a specific mention of LGBT issues in the speech wouldn’t have been a relevant point for Obama during his remarks.
“It was not at all inappropriate that he did not specifically mention support for specific LGBT priorities,” she said. “It wasn’t that kind of speech.”
Selisse Berry, executive director of the San Francisco-based Out & Equal Workplace Advocates, commended Obama for setting a goal for businesses to be innovative leaders and said companies can achieve the goal by embracing diversity, including LGBT people.
“America’s most successful businesses are doing just that through their policies and practices,” Berry said. “And the president knows the importance of diversity as well, since this administration has taken concrete steps to end discrimination against LGBT people in the federal workforce.”
Following the president’s speech, the White House issued statements from more than 40 organizations and Democratic lawmakers praising the plan. One of the statements in favor of the proposals came from Mary Kay Henry, a lesbian and president of the Service Employees International Union.
“President Obama displayed the leadership America needs by laying out a strong agenda to get America back to work,” Henry said. “The proposals he outlined are an excellent starting point in the crucial effort to create good jobs now.”
Henry called on Congress to take action and said Americans are watching Republicans closely to see if they’ll “play politics” or take action to turn around what she called the national jobs crisis.
“The Republicans’ plan to further cut corporate taxes will do nothing to put Americans back to work, just as the recent record corporate profits have not led to job growth,” Henry said.
In another statement provided by the White House, Justin Nelson and Chance Mitchell, co-founders of the National Gay & Lesbian Chamber of Commerce, spoke out in favor of Obama’s plan.
“President Obama demonstrated strong leadership and clear vision addressing the joint session of Congress,” Nelson and Mitchell said. “While far too many in Washington, D.C. focus on the political horse race, the president shined the spotlight where it belongs; on the millions of Americans, many of them LGBT, who are working too hard to give their families a better life to read the latest poll numbers.”
Nelson and Mitchell took particular note of Obama’s plan to expedite payments to small businesses and to extend payroll tax cuts for these companies.
“As the president said, our recovery will not come from politicians but from businesses and talented individuals throughout the country, including those represented by the NGLCC,” Nelson and Mitchell said. “We agree that business owners need timely payments and tax incentives to pay their employees, hire new staff and invest in new opportunities.
Given the difficulties of passing ENDA with Republicans in control of the House, some LGBT advocates have been calling for an executive order that would prohibit the U.S. government from contracting with companies that don’t have non-discrimination protections for LGBT workers. Obama could take such action without concern over having to move legislation through Congress.
During his speech, Obama enumerated some initiatives he could take on his own accord without congressional involvement to improve the job situation — but an executive order for LGBT workers wasn’t among them.
“My administration can and will take some steps to improve our competitiveness on our own,” Obama said. “For example, if you’re a small business owner who has a contract with the federal government, we’re going to make sure you get paid a lot faster than you do now. We’re also planning to cut away the red tape that prevents too many rapidly-growing start-up companies from raising capital and going public.”
Additionally, Obama said his administration would work with federal housing agencies to help more people refinance their mortgages at interest rates that are now near four percent, which he said would put more than $2,000 a year in the pockets of American families.
Richard Socarides, president of Equality Matters, is among the LGBT advocates who have been calling on the president to issue such an executive order against LGBT job bias.
Even without mention of the directive, Socarides said Obama gave “a strong political and policy message.”
“It was a high-toned message and I think everyone in the LGBT community very much wants him to succeed at this, as all Americans do,” Socarides said. “And on jobs and labor issues, we will keep reminding him we still need federal protections for all LGBT workers, we still need ENDA, we still need an executive order on federal contracting. And we fully expect he will deliver for us on these, too.”
Joint session of Congress (Washington Blade photo by Michael Key)
Federal Government
Inside the LGBTQ records of Todd Blanche and Markwayne Mullin
Two men are acting attorney general, DHS secretary
President Donald Trump became famous for his use of the phrase “You’re fired!” while hosting the reality TV show “The Apprentice” in the early 2000s. However, during his time in the Oval Office, he has attempted to distance himself from that image.
Despite those efforts, the phrase once again comes to mind as Trump has fired two high-level female Cabinet members within the past month: Pam Bondi and Kristi Noem.
Their replacements — Todd Blanche at the Justice Department and Markwayne Mullin at the Department of Homeland Security — bring records that, while different in depth, both reflect limited support for LGBTQ protections and, in some cases, direct opposition.
Todd Blanche
Acting attorney general
Little has been found regarding Todd Blanche’s LGBTQ history prior to his role as acting head of the Department of Justice. Unlike those who have worked within the Justice Department’s Civil Rights Division or served as state attorneys general, he has not developed a public-facing legal ideology on LGBTQ issues.
Blanche attended American University for his undergraduate studies — like fellow Trump attorney Michael Cohen — where he met his future wife, Kristin, who was studying at nearby Catholic University in D.C.
He began his legal career as an intern at the U.S. Attorney’s Office in Washington, which eventually became a full-time position. He later worked as a paralegal in the U.S. Attorney’s Office for the Southern District of New York while attending Brooklyn Law School at night. Blanche graduated cum laude in 2003. He and his wife later married and had two children.
Blanche left the U.S. attorney’s office in 2014, taking a job in the Manhattan office of the law firm WilmerHale. In September 2017, he moved to Cadwalader, Wickersham & Taft LLP, where he was a partner in the White Collar Defense and Investigations practice.
In his personal capacity, he represented several figures associated with Donald Trump and former New York City Mayor Rudy Giuliani, including Trump’s former campaign manager Paul Manafort, businessman Igor Fruman, and attorney Boris Epshteyn.
In 2024, Blanche switched from Democrat to Republican, aligning himself with Trump’s political orbit. He later served as Trump’s personal defense attorney in the New York State case that led to Trump’s 2024 conviction on 34 felony counts of falsifying business records to cover up hush-money payments to bisexual adult film star Stormy Daniels.
Now the highest-ranking official at the Justice Department, Blanche has played a central role in overseeing the department and has been involved in leadership decisions tied to several controversial actions affecting LGBTQ people.
In a letter to New York Attorney General Letitia James, Blanche declared that the Justice Department “will not sit idly by while you attempt to use your office to force harmful procedures on our most vulnerable population,” if legal action were taken against NYU Langone. The hospital had “permanently” ended a program earlier that month after the Trump-Vance administration threatened to pull all federal funding if it continued prescribing puberty blockers and hormones to minors.
Blanche wrote that “the Justice Department believes the law is clear, and anti-discrimination laws cannot be used to force NYU Langone to perform sex-rejecting procedures on children.”
“As just one example, your office’s position would require a hospital to prescribe certain medications for certain diagnoses, regardless of the hospital’s or its doctors’ independent medical determination about the propriety of such treatment,” he said.
Blanche also echoed his predecessor’s public stance on limiting LGBTQ-related protections at the federal level, aligning with Bondi’s sentiments in June 2025 regarding the U.S. Supreme Court’s 6–3 decision that restricted LGBTQ history lessions in schools and limits lower federal courts from issuing nationwide injunctions — rulings that have often blocked Trump administration policies.
Calling it “another great decision that came down today,” Blanche argued that the ruling “restores parents’ rights to decide their child’s education,” adding: “It seems like a basic idea, but it took the Supreme Court to set the record straight, and we thank them for that. And now that ruling allows parents to opt out of dangerous trans ideology and make the decisions for their children that they believe is correct.”
In December 2025, a Justice Department memo stated that, “effective immediately,” prisons and jails would no longer be held responsible for violations of standards meant to protect LGBTQ people from harassment, abuse, and rape under the Prison Rape Elimination Act. The law, passed unanimously by Congress in 2003, requires that incarcerated people be screened for their risk of sexual assault, including consideration of LGBTQ status, and applies to all correctional facilities.
Additionally, when the Justice Department, under Blanche’s deputy leadership and at Trump’s behest, attempted to force Children’s National Hospital in D.C. to turn over medical records related to gender-affirming care, U.S. District Judge Julie R. Rubin ruled that the effort “appears to have no purpose other than to intimidate and harass.”
Blanche is also described as having a “strong belief in executive authority.”
Markwayne Mullin
Secretary of Homeland Security
While Blanche’s record is defined more by recent actions than a long paper trail, Markwayne Mullin brings a more established history on LGBTQ issues from his time in Congress.
The head of the Department of Homeland Security has served in Congress since 2013, in both the U.S. House of Representatives and U.S. Senate. He has been actively engaged in shaping restrictions and aligns with broader cultural rhetoric that frames anti-LGBTQ speech as protected expression.
In May 2016, Mullin criticized the Department of Education and the Justice Department’s “Dear Colleague” letter on transgender students, arguing that trans girls should not use girls’ restrooms in public schools.
By January 2021, Mullin and then-Hawaii Congresswoman Tulsi Gabbard had introduced a bill to prevent trans women from participating in women’s sports.
Mullin was not recorded as voting on the final passage of the Respect for Marriage Act, which codified federal recognition of same-sex and interracial marriage.
In 2023, Mullin received a rating of just 6 percent from the Human Rights Campaign.
While serving in the Senate and as a member of the Health, Education, Labor, and Pensions (HELP) Committee, Mullin has been a vocal critic of policies aimed at expanding LGBTQ inclusion in federal programs. He has participated in broader Republican efforts questioning equity-based implementation of the Older Americans Act, including guidance related to sexual orientation and gender identity in aging services, arguing such policies could have unintended consequences.
Mullin also makes history as the first Native American — and a citizen of the Cherokee Nation — to lead the Department of Homeland Security.
He was among the 147 Republicans who voted to overturn the 2020 presidential election results despite no evidence of widespread fraud, and was present in the House on Jan. 6.
Noticias en Español
La X vuelve al tribunal
Primer Circuito examina caso del reconocimiento de personas no binarias en Puerto Rico
Hace ocho meses escribí sobre este tema cuando todavía no había llegado al nivel judicial en el que se encuentra hoy. En ese momento, la discusión se movía entre decisiones administrativas, debates públicos y resistencias políticas. No era un asunto cerrado, pero tampoco había alcanzado el punto actual.
Hoy el escenario es distinto.
La organización Lambda Legal compareció ante el Tribunal de Apelaciones del Primer Circuito en Boston para solicitar que se confirme una decisión que obliga al gobierno de Puerto Rico a emitir certificados de nacimiento que reflejen la identidad de las personas no binarias. La apelación se produce luego de que un tribunal de distrito concluyera que negar esa posibilidad constituye una violación a la Constitución de Estados Unidos.
Este elemento marca la diferencia. Ya no se trata de una discusión conceptual. Existe una determinación judicial que identificó un trato desigual.
El planteamiento de la parte demandante se sostiene en el propio marco legal vigente en Puerto Rico. Los certificados de nacimiento de identidad no son registros históricos inmutables. Son documentos utilizados para fines actuales y esenciales. Permiten acceder a empleo, educación y servicios, y son requeridos en múltiples gestiones ante el Estado. Su función es operativa.
En ese contexto, la exclusión de las personas no binarias no responde a una limitación jurídica. Puerto Rico permite la corrección de marcadores de género en certificados de nacimiento para personas trans binarias desde el caso Arroyo González v. Rosselló Nevares. Además, el Código Civil reconoce la existencia de certificados que reflejan la identidad de la persona más allá del registro original.
La diferencia radica en la aplicación.
El reconocimiento se concede dentro de categorías específicas, mientras que se excluye a quienes no se identifican dentro de ese esquema. Esa exclusión es el eje de la controversia actual.
El argumento presentado por Lambda Legal es preciso. Obligar a una persona a utilizar documentos que no reflejan su identidad implica someterla a una representación incorrecta en procesos fundamentales de la vida cotidiana. Esto puede generar dificultades prácticas, exposición innecesaria y situaciones de vulnerabilidad.
Las personas demandantes, nacidas en Puerto Rico, han planteado que el acceso a documentos precisos no es una cuestión simbólica, sino una necesidad básica para poder desenvolverse sin contradicciones impuestas por el propio Estado.
El hecho de que este caso se encuentre en el sistema federal introduce una dimensión adicional. No se trata de un proyecto legislativo ni de una política pública en discusión. Es una controversia constitucional. El análisis gira en torno a derechos y a la aplicación equitativa de las leyes.
Este proceso tampoco ocurre en aislamiento.
Se desarrolla en un contexto donde los debates sobre identidad y derechos han estado marcados por una mayor presencia de posturas conservadoras en la esfera pública, tanto en Estados Unidos como en Puerto Rico. En el ámbito local, esa influencia ha sido visible en discusiones legislativas recientes, donde argumentos de carácter religioso han comenzado a formar parte del debate sobre política pública. Esa intersección introduce tensiones en torno a la separación entre iglesia y Estado y tiene efectos concretos en el acceso a derechos.
Señalar este contexto no implica cuestionar la fe ni la práctica religiosa. Implica reconocer que, cuando determinados argumentos se trasladan al ejercicio del poder público, pueden incidir en decisiones que afectan a sectores específicos de la población.
Desde Puerto Rico, esta situación no se observa a distancia. Se experimenta en la práctica diaria. En la necesidad de presentar documentos que no corresponden con la identidad de quien los porta. En las implicaciones que esto tiene en espacios laborales, educativos y administrativos.
El avance de este caso abre una posibilidad de cambio en el marco legal aplicable. No porque resuelva de inmediato todas las tensiones en torno al tema, sino porque establece un punto de análisis jurídico sobre una práctica que hasta ahora ha operado bajo criterios restrictivos.
A diferencia de hace ocho meses, el escenario actual incluye una determinación judicial que ya identificó una violación de derechos. Lo que corresponde ahora es evaluar si esa determinación se sostiene en una instancia superior.
Ese proceso no define un resultado inmediato, pero sí establece un nuevo punto de referencia.
El debate ya no es teórico.
Ahora es judicial.
New York
Court orders Pride flag to return to Stonewall
Lambda Legal, Washington Litigation Group filed federal lawsuit
The Pride flag will once again fly over the Stonewall National Monument in New York following a court order requiring the National Park Service to raise it over the site.
The decision follows a lawsuit filed by Lambda Legal and the Washington Litigation Group in the U.S. District Court for the Southern District of New York, which challenged the removal as unconstitutional under the Administrative Procedure Act and argued that the government unlawfully targeted the LGBTQ community.
In February, the NPS removed the Pride flag from the Stonewall National Monument, the first national monument dedicated to LGBTQ rights and history in the U.S. The move followed a Jan. 21 memorandum issued by President Donald Trump-appointed NPS Director Jessica Bowron restricting which flags may be flown at national parks. The directive limited displays to official government flags, with narrow exceptions for those deemed to serve an “official purpose.”
Plaintiffs successfully argued that the Pride flag meets that standard, given Stonewall’s status as the birthplace of the modern LGBTQ rights movement. They also contended that the policy violated the APA by bypassing required public input and improperly applying agency rules.
The lawsuit named Interior Secretary Doug Burgum, Bowron, and Amy Sebring, superintendent of Manhattan sites for the NPS, as defendants. Plaintiffs included the Gilbert Baker Foundation, Village Preservation, Equality New York, and several individuals.
The court found that the memorandum — while allowing limited exceptions for historical context purposes — was applied unlawfully in this case. As part of the settlement, the NPS is required to rehang the Pride flag on the monument’s official flagpole within seven days, where it will remain permanently.
“The sudden, arbitrary, and capricious removal of the Pride flag from the Stonewall National Monument was yet another act by this administration to erase the LGBTQ+ community,” said Karen Loewy, co-counsel for plaintiffs and Lambda Legal’s Senior Counsel and Director of Constitutional Law Practice. “Today, the government has pledged to restore this important symbol back to where it belongs.”
“This is a complete victory for our clients and for the LGBTQ+ community,” said Alexander Kristofcak, lead counsel for plaintiffs and a lawyer with Washington Litigation Group. “The government has acknowledged what we argued from day one: the Pride flag belongs at Stonewall. The flag will be restored and it will fly officially and permanently. And we will remain vigilant to ensure that the government sticks to the deal.”
“Gilbert Baker created the Rainbow Pride flag as a symbol of hope and liberation,” said Charles Beal, president of the Gilbert Baker Foundation. “Today, that symbol is restored to the place where it belongs, standing watch over the birthplace of the modern LGBTQ+ rights movement.”
“The government tried to erase an important symbol of the LGBTQ+ community, and the community said no,” said Amanda Babine, executive director of Equality New York. “Today’s accomplishment proves that when we stand together and fight back, we win.”
“The removal of the Pride flag from Stonewall was an attempt to erase LGBTQ+ history and undermine the rule of law,” said Andrew Berman, executive director of Village Preservation. “This settlement restores both.”
With Loewy on the complaint are Douglas F. Curtis, Camilla B. Taylor, Omar Gonzalez-Pagan, Kenneth D. Upton Jr., Jennifer C. Pizer, and Nephetari Smith from Lambda Legal. With Kristofcak on the complaint are Mary L. Dohrmann, Sydney Foster, Kyle Freeny, James I. Pearce, and Nathaniel Zelinsky from Washington Litigation Group.
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