Connect with us

National

Will Obama include ENDA in State of the Union?

Move would echo Clinton’s 1999 speech before Congress

Published

on

Barack Obama, gay news, Washington Blade, Joint Session of Congress
Joint Session of Congress, gay news, Washington Blade, Barack Obama

President Obama addresses a joint session of Congress. (Washington Blade file photo by Michael Key)

Amid expectations that President Obama will encourage Congress to pass jobs legislation during his upcoming State of the Union address, LGBT advocates are calling on him to articulate the need for legislative and administrative action to protect against anti-LGBT job bias.

President Obama will deliver the State of the Union address on Tuesday at 9 p.m. before a joint session of Congress to inform lawmakers about legislation he wants passed during the first year of his second term, which may include immigration reform, deficit reduction, gun control and  job creation initiatives.

But LGBT rights supporters — recalling Obama’s historic LGBT-inclusion in his inaugural address — are asking Obama to address one LGBT issue that remains outstanding since the start of his administration in 2009: the lack of federal non-discrimination protections for LGBT workers. Legislation addressing the issue that has languished in Congress for decades is known as the Employment Non-Discrimination Act.

Tico Almeida, president of the LGBT group Freedom to Work, said “it would be fantastic” for Obama to follow-up on his inaugural speech to call for ENDA passage.

“The year 2013 should bring important steps forward on ENDA, with a high probability of a successful Senate Committee mark-up and the possibility of a long overdue ENDA vote on the Senate floor,” Almeida said. “It would be very helpful for the president to use the State of the Union to assert his strong leadership on this issue by publicly calling on both chambers of Congress to vote on ENDA.”

It wouldn’t be the first time ENDA was mentioned during a State of the Union address. In 1999, then-President Clinton called for passage of the bill in addition to approval of hate crimes protections legislation, which Obama eventually signed into law in 2009.

“Discrimination or violence because of race or religion, ancestry or gender, disability or sexual orientation is wrong and it ought to be illegal,” Clinton said. “Therefore, I ask Congress to make the Employment Non-Discrimination Act and the Hate Crimes Prevention Act the law of the land.”

Obama has also made references to the LGBT community in previous State of the Union addresses. In 2010, he foreshadowed the legislative effort to repeal “Don’t Ask, Don’t Tell,” promising to “work with Congress and our military to finally repeal the law that denies gay Americans the right to serve the country they love because of who they are.”

In 2011, Obama pledged to finish the job on “Don’t Ask, Don’t Tell” by certifying an end to the military’s gay ban before the end of the year. And last year, as lesbian Air Force Col. Ginger Wallace sat in the box near first lady Michelle Obama, Obama alluded to repeal of the ban, saying, “When you put on that uniform, it doesn’t matter if you’re black or white; Asian or Latino; conservative or liberal; rich or poor; gay or straight.”

What Obama will say during the State of the Union address this year is unknown. Shin Inouye, a White House spokesperson, said he doesn’t have a preview of Obama’s remarks.

But the request to articulate the need for workplace protections for LGBT people isn’t limited to legislation. LGBT advocates say the State of the Union would also be an opportunity for Obama to commit to an executive order that would bar federal contractors from discriminating against workers on the basis of sexual orientation and gender identity.

Fred Sainz, vice president of communications for the Human Rights Campaign, said the nation’s largest LGBT group “would love to see” Obama pledge to issue this order during his remarks.

“With federal employment discrimination legislation for LGBT people currently stalled in Congress, such an order would be an important step forward and would provide important protections for millions of American workers,” Sainz said. “It’s also a natural extension of the president’s ‘We Can’t Wait’ campaign.”

The White House has repeatedly said it prefers a legislative approach to instituting federal non-discrimination protections as opposed to administrative action. Asked about the directive by the Washington Blade in December, White House Press Secretary Jay Carney said the legislative approach to “Don’t Ask, Don’t Tell” repeal should be “a model for the way to approach these issues.”

But Freedom to Work’s Almeida said observers may see a reversal during the upcoming State of the Union address because Obama has previously taken the opportunity of these speeches to announce administrative action.

“President Obama has announced other executive orders during prior addresses to Congress, and it would be great if the president used this opportunity to announce that he is fulfilling a campaign promise to prevent taxpayer money from being squandered on workplace discrimination and harassment against LGBT employees,” Almeida said.

If Obama doesn’t elect to enumerate any specific pro-LGBT initiative during the speech, it’s possible he could offer a more general sense of support for the LGBT community as he did during his inaugural.

Sainz noted the importance of including such language in the State of the Union regardless of whether any mention of ENDA is made.

“Language that speaks to the inclusion of LGBT people as being a vital and important part of America is always important,” Sainz said. “The president’s recognition of the historical significance of Stonewall was incredibly important not just to the dignity of our movement but also to growing support among fair-minded Americans for the whole host of unfinished priorities.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

Published

on

U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

Continue Reading

Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

Published

on

U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

Continue Reading

New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

Published

on

The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

Continue Reading

Popular