News
Why doesn’t outrage over Arizona translate to ENDA support?
Outcry over vetoed anti-gay bill not inspiring calls for Congress to act

Will U.S. House Speaker John Boehner (R-Ohio) take note of Arizona Gov. Jan Brewer‘s veto of an anti-gay measure and bring up ENDA? (Washington Blade photo of John Boehner by Michael Key; photo of Jan Brewer by Gage Skidmore courtesy of Wikimedia Commons)
Within one week, national outrage over anti-LGBT discrimination was able to kill a controversial “turn away the gay” bill in Arizona, but almost 40 years after an early version of the Employment Non-Discrimination Act was introduced in Congress, the bill still hasn’t become law.
The unprecedented firestorm of opposition leading to Arizona Gov. Jan Brewer’s veto of SB 1062 raises questions about why that energy can’t be harnessed to institute federal protections against the discrimination the legislation would have enabled.
The outcry among LGBT advocates, Republican lawmakers, faith groups and the media against the Arizona bill was widespread. The legislation would have allowed any person — which under the bill could be an individual, a religious assembly or business — to deny services based on a religious belief.
Among Republicans, Sens. John McCain (R-Ariz.) and Jeff Flake (R-Ariz.) urged a veto of the measure. They were followed by surprise calls to reject the measure from former Republican presidential contenders generally known for their opposition to LGBT rights: former Massachusetts Gov. Mitt Romney and former U.S. House Speaker Newt Gingrich.
On the business side, the Arizona Chamber of Commerce opposed the legislation as well as corporate tech giants Apple and Intel. Major companies based in Arizona — U.S. Airways and retailer PetSmart — also called on Brewer to veto the bill. The National Football League even weighed in and, according to a report in Sports Illustrated, reportedly considered moving next year’s Super Bowl XLIX out of Phoenix if the measure became law.
Scott Wooledge, a gay New York-based netroots advocate who sought to get major U.S. companies on the record against SB 1062, said he thinks the “broad and vague” language of the bill is what triggered the massive outcry among businesses.
“Individuals could assert under Arizona law that they have the right to fire their gay subordinate,” Wooledge said. “They could say you hired me and I have this gay executive assistant, and I’m firing him because he offends my religious liberty. What would Intel do under this situation because that would be a violation of their company policy, and their own employees would have the force of law behind them?”
But other religious exemption bills that would enable anti-LGBT discrimination have advanced without as much outcry. In Kansas, the state House approved a measure specifically aimed at allowing businesses to refuse services for weddings. Despite media reports that the measure is dead, at least one advocate on the ground has said he expects action soon in the Senate.
In Mississippi, the Senate passed legislation, SB 2681, which would give businesses a license to discriminate against customers based on personal religious beliefs that is under consideration in the House. Although LGBT advocates have spoken out against these measures, the level of outcry isn’t the same as in Arizona.
A number of observers who spoke to the Washington Blade pointed out an obvious distinction: SB 1062 managed to reach the governor’s desk while others haven’t made it that far.
Lanae Erickson Hatalsky, director of social policy and politics for the Third Way, also said Arizona has a special distinction because it has a reputation for passing controversial bills, such as SB 1070, which allowed law enforcement to ask individuals perceived as being immigrants for registration documents before the measure was struck down by the U.S. Supreme Court.
“Folks in Arizona are particularly sensitive about their state getting a bad rap and losing business after the anti-immigrant legislation caused such an uproar,” Erickson Hatalsky said. “This bill was similarly poorly written and would’ve allowed a parade of horribles that made it easy to convince businesses and the public that it was a bad idea, especially on top of that current sensitivity about the state’s reputation.”
But the situation in Arizona was striking not just for the outcry over the legislation, but the wall-to-wall coverage from national mainstream media on the bill on networks like MSNBC and CNN.
As Media Matters notes, even Fox News, which has a reputation of shilling for conservatives, aired commentary from conservative analysts in opposition to the bill. Andrea Tantaros, co-host of “The Five,” compared the bill to the racist Jim Crow laws in the South and said she doesn’t know why “you would want to bring Jim Crow laws back to the forefront for homosexuals.”
Cathy Renna, a New York-based public affairs specialist, said the media coverage of the Arizona bill is part of a trend of growing attention to LGBT rights amid rulings from the U.S. Supreme Court on marriage equality.
“We obviously cannot turn on the TV or look at any website, or if people still flip through newspapers, not seeing a story about this,” Renna said. “It’s almost impossible, and it’s creating a whole new level of conversation about the issue of discrimination, and I think it’s really showing how we have a ton of momentum that’s come a long way, but we still have a lot that we need to do.”
Turning Arizona outrage to ENDA
But if a bill that would have enabled discrimination against LGBT people inspired so much angst, why isn’t that same energy helping to advance measures that would protect against this kind of discrimination, at least in employment, at the federal level?
John Aravosis, editor of AMERICAblog, said the distinction is the Arizona bill was a negative anti-gay measure that could have been enacted by Brewer’s signature within a week, and it’s harder to muster the energy to pass a positive law that can be constantly delayed.
“If the president had a week to decide and then ENDA would be dead forever, people might be a little more engaged, and there might be a little more pressure on him,” Aravosis said. “But the negative is always better reality in playing to the grassroots than the positive. It shouldn’t be, but it is.”
Not helping matters is a misconception that federal protections against LGBT people in the workplace are already in place. According to a YouGov/Huffington Post poll made public in October, 69 percent of Americans incorrectly believe firing someone for being gay or lesbian is illegal.
It’s that kind of false understanding that Erickson Hatalsky said makes people satisfied with the status quo and unwilling to make changes to law as other issues surrounding LGBT rights move quickly.
“If they don’t see a huge problem happening in front of them, they say, ‘Whatever the law is, it must be working,'” Erickson Hatalsky said. “So that really plays to our benefit when it’s an overly broad religious liberty attack like the one in Arizona. It does exactly the opposite when we’re trying to pass affirmative non-discrimination.”
Amid the national outcry over the Arizona bill, President Obama has remained unwilling to sign an executive order barring LGBT discrimination among federal contractors.
White House Press Secretary Jay Carney instead touted the importance of ENDA when asked last week for an update on the directive in the aftermath of the Arizona veto, saying the legislative approach “would be far more comprehensive in its effect.” Still, Carney acknowledged the broad opposition to the Arizona bill.
“And it was gratifying to see Americans from all walks of life, including business leaders, faith leaders, regardless of party, speak out against this measure — and it’s further evidence that the American people fundamentally believe in equality, and it’s time to get on the right side of history,” Carney said.
But Congress has shown no signs of moving forward. Months after the Senate approved ENDA by a bipartisan 64-32 vote, U.S. House Speaker John Boehner held a meeting with the LGBT Equality Caucus and threw cold water on the bill, either saying there’s “no way” ENDA would come this session or it’s “highly unlikely.” Still, those in attendance see an opportunity for a bill to come up after Election Day during the lame duck session of Congress.
Seeking discharge petition, Paul Ryan’s help
The effort to link the discrimination that would have been allowed under the Arizona bill to the need to pass ENDA is daunting, but something observers say can happen.
Wooledge said the situation over the Arizona bill was different than the effort to enact federal workplace protections because there was a singular focus, a veto, and a singular target, Brewer. If supporters settled on a discharge petition as the method to pass ENDA in the House, Wooledge said, the results would be similar.
“I have full confidence that the progressive coalition that coalesced around SB 1062 would do a very similar campaign to persuade legislators both Democratic and Republican to sign the discharge petition, but they don’t want to do that,” Wooledge said. “Human Rights Campaign has never called for a discharge petition, never has the [National] Gay & Lesbian Task Force, so if our own 800-pound gorillas of advocacy don’t want a discharge petition, then Nancy Pelosi is not going to want a discharge petition.”
For Erickson Hatalsky, Arizona demonstrated the importance of having Republican, business and faith leaders on board with an LGBT measure, and said those efforts should continue with ENDA. One way, she said, is getting Republican star Rep. Paul Ryan (R-Wis.), who voted for ENDA in 2007, to vocalize renewed support.
“I think we’ve only had Jeff Flake and John McCain and those other Republican senators on ENDA for a few months,” Erickson Hatalsky said. “That was a huge step that we’ve taken in the past year, so we just have to keep building on it and make the case to John Boehner that it’s in his best interest to get on board.”
Instead of the Arizona bill, Aravosis said supporters of federal non-discrimination protections should look to the path that led to repeal of “Don’t Ask, Don’t Tell,” when gay discharged troops brought their stories to the media.
“With ENDA, if we had stories coming out every day, gays in the military…been screwed again today, we’d probably be more successful,” Aravosis said. “That’s the battle to compare it to because we had stories almost every day of these nice people losing their jobs. The folks getting paid to do ENDA are not putting out those stories every day.”
The extent to which national LGBT organizations will draw on the controversy to advance ENDA isn’t yet clear. Freedom to Work didn’t immediately respond to the Washington Blade’s request for comment.
Dan Rafter, spokesperson for the Human Rights Campaign, said his organization intends to carry the outrage over the Arizona bill to the table in engagement over ENDA.
“Bills like SB 1062 illustrate how vulnerable LGBT people remain when it comes to facing discrimination – be it in their workplace or their communities,” Rafter said. “But the backlash to the bill, including from Republicans and big business, illustrates the incredibly broad support for workplace protections. We are absolutely going to continue elevating that message as we work to build support for ENDA in the House by continuing our engagement with members all across the country.”
Rea Carey, executive director of the National Gay & Lesbian Task Force, said in a statement to the Blade the veto of the Arizona bill itself demonstrates the time has come for Congress to act on ENDA.
“America is against discrimination but the public thinks protections are already in the law,” Carey said. “The effort to successfully reject Arizona¹s SB 1062 spotlights the lack of federal LGBT anti-discrimination legislation, sends a clear message that extremism is totally unacceptable to people of all political persuasions, and highlights the urgent need for the House to take up and pass ENDA.”
Florida
DeSantis signs emergency bill that restores Fla. ADAP funding
Temporary funds to last through June 30
After the Florida Department of Health made huge cuts to the AIDS Drug Assistance Program in January, Republican Gov. Ron DeSantis has signed emergency legislation restoring HIV access to more than 12,000 Floridians.
Two months ago, as the Washington Blade reported, the Sunshine State cut the vast majority of those in ADAP by shifting the income levels required for eligibility — without following standard procedure when changing government policy outside of legislative or executive action.
The bill, signed by DeSantis on Tuesday, passed both chambers of the Florida Legislature unanimously and appropriates $30.9 million in emergency bridge funding through June 30, 2026. It restores Florida’s ADAP income eligibility to 400 percent of the Federal Poverty Level — the level it was prior to the January cuts. The legislation also requires the FDOH to submit detailed monthly financial reports to legislative leadership beginning April 1.
Under the old policy, eligibility would have been limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.
“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” Esteban Wood, director of advocacy and legislative affairs at AIDS Healthcare Foundation, said in a statement.
The detailed reports now required to be sent to legislative leadership must include all federal revenues and expenditures, including manufacturer rebates; enrollment figures by county and insurance status; prescription utilization by drug class; and any projected funding shortfalls. This is the first time the Legislature has required this level of financial transparency from the program.
DeSantis signed the legislation one day after a Leon County Circuit Court judge denied AIDS Healthcare Foundation’s request for an injunction to block the significant changes the DeSantis administration is making to the program, which it claims faces a $120 million shortfall for calendar year 2026.
AIDS Healthcare Foundation, a national organization focused on protecting and expanding HIV healthcare access and prevention methods, filed a lawsuit over the change in eligibility, arguing the Florida Department of Health did not follow the laid out path for formally changing policy and was acting outside established procedures.
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 AIDS Healthcare Foundation, none of these steps occurred.
The long-term structure of ADAP will be determined by the 2026–2027 fiscal year state budget, something that lawmakers have until June 30 to finish.
India
Menaka Guruswamy celebrated as India’s first openly LGBTQ MP
Constitutional lawyer elected to Rajya Sabha on March 9
India’s LGBTQ community has found renewed hope in the election of Menaka Guruswamy, a lawyer who has argued before the Supreme Court, as the country’s first openly LGBTQ MP.
Guruswamy was declared elected unopposed to the Rajya Sabha, the upper house of Parliament, on March 9, representing West Bengal. The All India Trinamool Congress, the regional party that governs the state, nominated her.
Guruswamy is a constitutional lawyer who studied at Oxford University, Harvard Law School, and the National Law School of India University. She has argued several significant cases before the Supreme Court and is widely known for her work on constitutional law, civil liberties, and LGBTQ rights.
Guruswamy was part of the legal team that successfully challenged Section 377 of the Indian Penal Code, a colonial-era law that criminalized consensual same-sex sexual relations, which the Supreme Court struck down in 2018. She has also written and spoken extensively on issues of democracy, rights and institutional accountability.
Ankit Bhupatani, a global diversity, equity and inclusion leader and LGBTQ activist, welcomed Guruswamy’s election.
“This is significant not because Parliament needed a queer person, but because a queer person needed Parliament,” Bhupatani told the Washington Blade.
India has seen LGBTQ representation in elected office at the state and local levels, though it has remained limited.
In 1998, Shabnam Mausi was elected to the Madhya Pradesh Legislative Assembly from the Sohagpur constituency, becoming one of the first openly transgender people to hold public office in India. Mausi’s election marked a rare moment of visibility for trans people in the country’s political system, where representation has historically been sparse. Since then, a small number of openly trans candidates have contested and, in some cases, won local and state elections, but no openly LGBTQ person had been elected to Parliament before Guruswamy.
Guruswamy and her partner, Arundhati Katju, who is also a lawyer, were part of the legal team that played a central role in the Section 377 decision.
Representing one of the plaintiffs, the two lawyers helped frame the case around constitutional guarantees of equality, dignity, and privacy. The Navtej Singh Johar v. Union of India ruling marked a watershed moment for LGBTQ rights in India.
“For too long, we have fought our battles only in courtrooms and on streets. Now, there is a seat at the table where laws are written,” said Bhupatani. “Whether that seat produces change depends entirely on how it is used. Representation without substance is decoration. But as a beginning, yes. This matters.”
Guruswamy later represented the plaintiffs in the Supreme Court’s 2023 marriage equality case, Supriyo v. Union of India, which a 5-judge panel heard in the spring of 2023.
Along with other lawyers representing same-sex couples, she advanced arguments rooted in constitutional guarantees of equality, dignity, and personal liberty. The Supreme Court in a 3-2 decision on Oct. 17, 2023, declined to recognize same-sex marriage — holding that such a change falls within Parliament’s domain — but did acknowledge LGBTQ people face discrimination. The Blade previously reported the ruling underscored the court’s view that it could interpret the law, but could not create a new legal framework for marriage rights.
Bhupatani said Guruswamy’s election should not be seen as an immediate shift toward legislative action on LGBTQ rights, cautioning that such expectations may not align with political realities. He said her presence in Parliament could help sustain the issue in a way it has not been before, even as broader legal change is likely to take time.
“What she can do is keep the question alive inside Parliament in a way that it hasn’t been before,” Bhupatani said. “Legislative change in India on social questions usually takes longer than advocates want and shorter than skeptics predict. The 377 decriminalization seemed impossible until it wasn’t. Partnership rights will follow the same pattern eventually.”
Bhupatani added that while Guruswamy’s election may influence the pace of change, it does not, on its own, constitute a broader political movement.
“One person in Parliament, however extraordinary, is not a movement. She is an opening,” he said. “The 2023 ruling created a responsibility. Guruswamy’s election creates an opportunity to fulfill it from inside. Whether opportunity becomes outcome is entirely a question of human will.”
Guruswamy has served as a visiting faculty member at leading American institutions that include Yale Law School, Columbia Law School, and New York University School of Law. She has also worked with international organizations, advising the U.N. Development Fund for Women in New York and the U.N. Children’s Fund in both New York and South Sudan.
According to her professional profile, Guruswamy has been involved in a range of significant cases before the Indian Supreme Court that include matters related to bureaucratic reform and accountability.
One case is connected to the AgustaWestland helicopter deal, an investigation into alleged bribery in a multimillion-dollar defense procurement contract; litigation arising from the Salwa Judum case, in which the court examined the state-backed use of civilian militias in counterinsurgency operations in central India; and cases involving the implementation of the Right to Education Act, a law guaranteeing free and compulsory education for children between the ages of six and 14.
More recently, Guruswamy represented the All India Trinamool Congress in legal proceedings challenging searches conducted by India’s Enforcement Directorate, a federal agency responsible for investigating financial crimes, including money laundering and violations of foreign exchange laws. The searches were carried out at the offices of the Indian Political Action Committee, or I-PAC, a political consulting firm that provides data-driven campaign strategy and election management services to political parties. The case raised questions about the scope of investigative powers and the use of federal agencies in politically sensitive matters.
Guruswamy’s engagement with LGBTQ rights has extended beyond courtroom advocacy into public constitutional discourse.
On July 11, 2018, during hearings in the Section 377 case, she argued the criminalization law could not be justified on the basis of “social morality,” describing it as subjective and incompatible with constitutional guarantees, and framing the case as one fundamentally about “our humanity.” The Thomas Jefferson Foundation Medal in Law at the University of Virginia in February 2023 recognized Guruswamy and Katju for their work on LGBTQ rights.
Guruswamy has not responded to the Blade’s multiple requests for comment about her election.
District of Columbia
Gay priest credited with boosting church support for LGBTQ Catholics
Fr. Tom Oddo’s biographer speaks at Dignity Washington event
The author of a biography of a U.S. Catholic priest said to have advocated for support by the Catholic Church of gay Catholics in the early 1970s has called Father Thomas ‘Tom’ Oddo a little known but important figure in the LGBTQ rights movement.
Tyler Bieber, author of the recently published book “Against The Current: Father Tom Oddo And the New American Catholic,” told of Oddo’s life and work on behalf of LGBTQ rights at a March 22 talk before the local LGBTQ Catholic group Dignity Washington.
Among Oddo’s important accomplishments, Bieber said, was his role as a co-founder of the national LGBTQ Catholic group Dignity U.S.A. in 1973 at the age of 29.
But as reported in the prologue of his book, Bieber presented details of the sad news that Oddo died in a fatal car crash in 1989 at the age of 45 in Portland, Ore., where he was serving as the highly acclaimed president of the University of Portland, a Catholic institution.
“He was a major figure in the gay rights movement in the 1970s, an unsung hero of that movement,” Bieber told Dignity Washington members, who assembled for his talk in a meeting room at St. Margaret Episcopal Church near Dupont Circle, where they attend their weekly Catholic mass on Sundays.

“And Dignity U.S.A. saw intense growth in membership and visibility” during its early years under Oddo’s leadership, Bieber said. “The story of Father Tom and his contemporaries is a story largely untold in the history of the gay rights movement, but one worth knowing and considering,” he said.
As stated in his book, Bieber told the Dignity Washington gathering Oddo was born and raised in a Catholic family on Long Island, N.Y., and attended a Catholic high school in Flushing Queens. It was at that time when he developed an interest in becoming a priest, according to Bieber.
After studying at the University of Notre Dame and completing his religious studies he was ordained as a priest in 1970 and began his work as a priest in the Boston area, Bieber said. It was around that time, Bieber told the Dignity Washington audience, that gay Catholics approached Oddo to seek advice on how they should interact with the Catholic Church. It was also around that time that Oddo became involved in a group supportive of then gay Catholics that later became a Dignity chapter in Boston.
In a development considered unusual for a Catholic priest, Bieber said Oddo in 1973 testified in support of gay rights bill before a committee of the Massachusetts Legislature and collaborated with then Massachusetts gay and lesbian rights advocate Elaine Noble.
In 1982, at the age of 39, Oddo was selected as president of the University of Portland following several years as a college teacher in the Boston area, Bieber’s book states. It says he was seen as a “vibrant and capable administrator who delivered real results to his campus,” adding, “His magnetism was obvious. One student described him as ‘John Kennedyesque’ to the university’s student newspaper.”
Bieber said that although Oddo was less active with Dignity U.S.A. during his tenure as UP president, he continued his support for gay Catholics and what is now referred to as LGBTQ rights.
“For those that knew him prior to his term at UP, though, he represented something greater than an accomplished university administrator and educator,” Bieber’s book states. “He was a new kind of priest, a gay man living and ministering in a world set loose from tradition by the Second Vatican Council,” the book says.
It was referring to the Vatican gathering of worldwide Catholic leaders from 1962 to 1965 concluding under Pope Paul VI that church observers say modernized church practices to allow far greater participation by the laity and opened the way for sympathetic consideration of gay Catholics.
