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Obama praised for jobs speech despite ENDA omission

President doesn’t mention lack of federal protections in remarks

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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)

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Florida

AIDS Healthcare Foundation sues Fla. over ‘illegal’ HIV drug program cuts

Tens of thousands could lose access to medications

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(Photo by Catella via Bigstock)

Following the slashing of hundreds of thousands of dollars from Florida’s AIDS Drug Assistance Program, AIDS Healthcare Foundation filed a lawsuit against the Florida Department of Health over what it says was an illegal change to income eligibility thresholds for the lifesaving program.

The Florida Department of Health announced two weeks ago that it would make sweeping cuts to ADAP, dramatically changing how many Floridians qualify for the state-funded medical coverage — without using the formal process required to change eligibility rules. As a result, AHF filed a petition Tuesday in Tallahassee with the state’s Division of Administrative Hearings, seeking to prevent more than 16,000 Floridians from losing coverage.

The medications covered by ADAP work by suppressing HIV-positive people’s viral load — making the virus undetectable in blood tests and unable to be transmitted to others.

Prior to the eligibility change, the Florida Department of Health covered Floridians earning up to 400 percent of the federal poverty level — or $62,600 annually for an individual. Under the new policy, eligibility would be limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.

The National Alliance of State and Territorial AIDS Directors estimates that more than 16,000 patients in Florida will lose coverage under the state’s ADAP because of this illegal change in department policy. Florida’s eligibility changes would also eliminate access to biktarvy, a widely used once-daily medication for people living with HIV/AIDS.

Under Florida law, when a state agency seeks to make a major policy change, it must either follow a formal rule-making process under the Florida Administrative Procedure Act or obtain direct legislative authorization.

AHF alleges the Florida Department of Health did neither.

Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AHF, none of these steps occurred.

“Rule-making is not a matter of agency discretion. Each statement that an agency like the Department of Health issues that meets the statutory definition of a rule must be adopted through legally mandated rule-making procedures. Florida has simply not done so here,” said Tom Myers, AHF’s chief of public affairs and general counsel. “The whole point of having to follow procedures and rules is to make sure any decisions made are deliberate, thought through, and minimize harm. Floridians living with HIV and the general public’s health are at stake here and jeopardized by these arbitrary and unlawful DOH rule changes.”

AHF has multiple Ryan White CARE Act contracts in Florida, including four under Part B, which covers ADAP. More than 50 percent of people diagnosed with HIV receive assistance from Ryan White programs annually.

According to an AHF advocacy leader who spoke with the Washington Blade, the move appears to have originated at the state level rather than being driven by the federal government — a claim that has circulated among some Democratic officials.

“As far as we can tell, Congress flat-funded the Ryan White and ADAP programs, and the proposed federal cuts were ignored,” the advocacy leader told the Blade on the condition of anonymity. “None of this appears to be coming from Washington — this was initiated in Florida. What we’re trying to understand is why the state is claiming a $120 million shortfall when the program already receives significant federal funding. That lack of transparency is deeply concerning.”

Florida had the third-highest rate of new HIV infections in the nation in 2022, accounting for 11 percent of new diagnoses nationwide, according to KFF, a nonprofit health policy research organization.

During a press conference on Wednesday, multiple AHF officials commented on the situation, and emphasized the need to use proper methods to change something as important as HIV/AIDS coverage availability in the sunshine state. 

“We are receiving dozens, hundreds of calls from patients who are terrified, who are confused, who are full of anxiety and fear,” said Esteban Wood, director of advocacy, legislative affairs, and community engagement at AHF. “These are working Floridians — 16,000 people — receiving letters saying they have weeks left of medication that keeps them alive and costs upwards of $45,000 a year. Patients are asking us, ‘What are we supposed to do? How are we supposed to survive?’ And right now, we don’t have a good answer.”

“This decision was not done in the correct manner. County health programs, community-based organizations, providers across the state — none of them were consulted,” Wood added. “Today is Jan. 28, and we have just 32 days until these proposed changes take effect. Nearly half of the 36,000 people currently on ADAP could be disenrolled in just over a month.”

“Without this medication, people with HIV get sicker,” Myers said during the conference. “They end up in emergency rooms, they lose time at work, and they’re unable to take care of their families. Treatment adherence is also the best way to prevent new HIV infections — people who are consistently on these medications are non-infectious. If these cuts go through, you will have sicker people, more HIV infections, and ultimately much higher costs for the state.”

“Patients receiving care through Ryan White and ADAP have a 91 percent viral suppression rate, compared to about 60 percent nationally,” the advocacy leader added. “That’s as close to a functional cure as we can get, and it allows people to live healthy lives, work, and contribute to their communities. Blowing a hole in a program this successful puts lives at risk and sets a dangerous precedent. If Florida gets away with this, other states facing budget pressure could follow.”

The lawsuit comes days after the Save HIV Funding campaign pressed Congress to build bipartisan support for critical funding for people living with or vulnerable to HIV. In May of last year, President Donald Trump appeared to walk back his 2019 pledge to end HIV as an epidemic, instead proposing the elimination of HIV prevention programs at the Centers for Disease Control and Prevention and housing services in his budget request to Congress.

House appropriators, led by the Republican majority, went further, calling for an additional $2 billion in cuts — including $525 million for medical care and support services for people living with HIV. 

While Senate appropriators ultimately chose to maintain level funding in their version of the spending bills, advocates feared final negotiations could result in steep cuts that would reduce services, increase new HIV infections, and lead to more AIDS-related deaths. The final spending package reflected a best-case outcome, with funding levels largely mirroring the Senate’s proposed FY26 allocations.

“What the state has done in unilaterally announcing these changes is not following its own rules,” Myers added. “There is a required process — rule-making, notice and comment, taking evidence — and none of that happened here. Before you cut 16,000 people off from lifesaving medication, you have to study the harms, ask whether you even have the authority to do it, and explore other solutions. That’s what this lawsuit is about.”

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National

Federal authorities arrest Don Lemon

Former CNN anchor taken into custody two weeks after Minn. church protest

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Don Lemon (Screenshot via YouTube)

Federal authorities on Thursday arrested former CNN anchor Don Lemon in Los Angeles.

CNN reported authorities arrested Lemon after 11 p.m. PT while in the lobby of a hotel in Beverly Hills, Calif., while he “was leaving for an event.” Lemon’s lawyer, Abbe Lowell, in a statement said his client was in Los Angeles to cover the Grammy Awards.

Authorities arrested Lemon less than two weeks after he entered Cities Church in St. Paul, Minn., with a group of protesters who confronted a pastor who works for U.S. Immigration and Customs Enforcement. (An ICE agent on Jan. 7 shot and killed Renee Good, a 37-year-old Minneapolis woman who left behind her wife and three children. U.S. Customs and Border Protection agents on Jan. 24 shot and killed Alex Pretti, a 37-year-old nurse who worked for the Department of Veterans Affairs, in Minneapolis.)

Lemon insists he was simply covering the Cities Church protest that interrupted the service. A federal magistrate last week declined to charge the openly gay journalist in connection with the demonstration.

“Don Lemon was taken into custody by federal agents last night in Los Angeles, where he was covering the Grammy awards,” said Lowell in his statement. “Don has been a journalist for 30 years, and his constitutionally protected work in Minneapolis was no different than what he has always done. The First Amendment exists to protect journalists whose role it is to shine light on the truth and hold those in power accountable.”

“Instead of investigating the federal agents who killed two peaceful Minnesota protesters, the Trump Justice Department is devoting its time, attention and resources to this arrest, and that is the real indictment of wrongdoing in this case,” Lowell added. “This unprecedented attack on the First Amendment and transparent attempt to distract attention from the many crises facing this administration will not stand. Don will fight these charges vigorously and thoroughly in court.”

Attorney General Pam Bondi on X confirmed federal agents “at my direction” arrested Lemon and three others — Trahern Jeen Crews, Georgia Fort, and Jamael Lydell Lundy — “in connection with the coordinated attack on Cities Church in St. Paul, Minnesota.”

Fort is also a journalist.

Lemon, who CNN fired in 2023, is expected to appear in court in Los Angeles on Friday.

“Freedom of the press is a cornerstone of a free society; it is the tool by which Americans access the truth and hold power to account. But Donald Trump and Pam Bondi are at war with that freedom — and are threatening the fundamentals of our democracy,” said Human Rights Campaign President Kelley Robinson on Friday in a statement. “Don Lemon and Georgia Fort were doing their jobs as reporters. Arresting them is not law enforcement it is an attack on the Constitution at a moment when truthful reporting on government power has never been more important. These are the actions of a despot, the tactics of a dictator in an authoritarian regime.”

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The White House

Expanded global gag rule to ban US foreign aid to groups that promote ‘gender ideology’

Activists, officials say new regulation will limit access to gender-affirming care

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President Donald Trump speaks at the 2025 U.N. General Assembly. The Trump-Vance administration has expanded the global gag rule to ban U.S. foreign aid to groups that promote "gender ideology." (Screenshot via YouTube)

The Trump-Vance administration has announced it will expand the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.”

Deputy Secretary of State Christopher Landau in a memo, titled Combating Gender Ideology in Foreign Assistance, the Federal Register published on Jan. 27 notes  “previous administrations … used” U.S. foreign assistance “to fund the denial of the biological reality of sex, promoting a radical ideology that permits men to self-identify as women, indoctrinate children with radical gender ideology, and allow men to gain access to intimate single-sex spaces and activities designed for women.”

“Efforts to eradicate the biological reality of sex fundamentally attack women by depriving them of their dignity, safety, and well-being. It also threatens the wellbeing of children by encouraging them to undergo life-altering surgical and chemical interventions that carry serious risks of lifelong harms like infertility,” reads the memo. “The erasure of sex in language and policy has a corrosive impact not just on women and children but, as an attack on truth and human nature, it harms every nation. It is the purpose of this rule to prohibit the use of foreign assistance to support radical gender ideology, including by ending support for international organizations and multilateral organizations that pressure nations to embrace radical gender ideology, or otherwise promote gender ideology.”

President Donald Trump on Jan. 28, 2025, issued an executive order — Protecting Children from Chemical and Surgical Mutilation — that banned federal funding for gender-affirming care for minors.

President Ronald Reagan in 1985 implemented the global gag rule, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services.

Trump reinstated the rule during his first administration. The White House this week expanded the ban to include groups that support gender-affirming care and diversity, equity, and inclusion programs.

The expanded global gag rule will take effect on Feb. 26.

“None of the funds made available by this act or any other Act may be made available in contravention of Executive Order 14187, relating to Protecting Children From Chemical and Surgical Mutilation, or shall be used or transferred to another federal agency, board, or commission to fund any domestic or international non-governmental organization or any other program, organization, or association coordinated or operated by such non-governmental organization that either offers counseling regarding sex change surgeries, promotes sex change surgeries for any reason as an option, conducts or subsidizes sex change surgeries, promotes the use of medications or other substances to halt the onset of puberty or sexual development of minors, or otherwise promotes transgenderism,” wrote Landau in his memo.

Landau wrote the State Department “does not believe taxpayer dollars should support sex-rejecting procedures, directly or indirectly for individuals of any age.”

“A person’s body (including its organs, organ systems, and processes natural to human development like puberty) are either healthy or unhealthy based on whether they are operating according to their biological functions,” reads his memo. “Organs or organ systems do not become unhealthy simply because the individual may experience psychological distress relating to his or her sexed body. For this reason, removing a patient’s breasts as a treatment for breast cancer is fundamentally different from performing the same procedure solely to alleviate mental distress arising from gender dysphoria. The former procedure aims to restore bodily health and to remove cancerous tissue. In contrast, removing healthy breasts or interrupting normally occurring puberty to ‘affirm’ one’s ‘gender identity’ involves the intentional destruction of healthy biological functions.”

Landau added there “is also lack of clarity about what sex-rejecting procedures’ fundamental aims are, unlike the broad consensus about the purpose of medical treatments for conditions like appendicitis, diabetes, or severe depression.”

“These procedures lack strong evidentiary foundations, and our understanding of long-term health impacts is limited and needs to be better understood,” he wrote. “Imposing restrictions, as this rule proposes, on sex-rejecting procedures for individuals of any age is necessary for the (State) Department to protect taxpayer dollars from abuse in support of radical ideological aims.”

Landau added the State Department “has determined that applying this rule to non-military foreign assistance broadly is necessary to ensure that its foreign assistance programs do not support foreign NGOs and IOs (international organizations) that promote gender ideology, and U.S. NGOs that provide sex-rejecting procedures, and to ensure the integrity of programs such as humanitarian assistance, gender-related programs, and more, do not promote gender ideology.”

“This rule will also allow for more foreign assistance funds to support organizations that promote biological truth in their foreign assistance programs and help the (State) Department to establish new partnerships,” he wrote.

The full memo can be found here.

Council for Global Equality Senior Policy Fellow Beirne Roose-Snyder on Wednesday said the expansion of the so-called global gag rule will “absolutely impact HIV services where we know we need to target services, to that there are non-stigmatizing, safe spaces for people to talk through all of their medical needs, and being trans is really important to be able to disclose to your health care provider so that you can get ARVs, so you can get PrEP in the right ways.” Roose-Snyder added the expanded ban will also impact access to gender-affirming health care, food assistance programs and humanitarian aid around the world.

“This rule is not about gender-affirming care at all,” she said during a virtual press conference the Universal Access Project organized.

“It is about really saying that if you want to take U.S. funds —   and it’s certainly not about gender-affirming care for children — it is if you want to take U.S. funds, you cannot have programs or materials or offer counseling or referrals to people who may be struggling with their gender identity,” added Roose-Snyder. “You cannot advocate to maintain your country’s own nondiscrimination laws around gender identity. It is the first place that we’ve ever seen the U.S. government define gender-affirming care, except they call it something a lot different than that.”

The Congressional Equality Caucus, the Democratic Women’s Caucus, the Congressional Hispanic Caucus, the Congressional Asian and Pacific American Caucus, and the Congressional Black Caucus also condemned the global gag rule’s expansion.

“We strongly condemn this weaponization of U.S. foreign assistance to undermine human rights and global health,” said the caucuses in a statement. “We will not rest until we ensure that our foreign aid dollars can never be used as a weapon against women, people of color, or LGBTQI+ people ever again.”

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