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Why doesn’t outrage over Arizona translate to ENDA support?

Outcry over vetoed anti-gay bill not inspiring calls for Congress to act

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John Boehner, Ohio, Republican Party, GOP, United States House of Representatives, U.S. Congress, gay news, Washington Blade, Jan Brewer, Arizona

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.”

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National

After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast

Top editorial staff let go last week

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Cover of The Advocate for January/February 2026.

Former staff members at the Advocate and Out magazines revealed that parent company Equalpride laid off a number of employees late last week.

Those let go included Advocate editor-in-chief Alex Cooper, Pride.com editor-in-chief Rachel Shatto, brand partnerships manager Erin Manley, community editor Marie-Adélina de la Ferriére, and Out magazine staff writers Moises Mendez and Bernardo Sim, according to a report in Hollywood Reporter.

Cooper, who joined the company in 2021, posted to social media that, “Few people have had the privilege of leading this legendary LGBTQ+ news outlet, and I’m deeply honored to have been one of them. To my team: thank you for the last four years. You’ve been the best. For those also affected today, please let me know how I can support you.”

The Advocate’s PR firm when reached by the Blade said it no longer represents the company. Emails to the Advocate went unanswered.

Equalpride on Friday announced it acquired “Them,” a digital LGBTQ outlet founded in 2017 by Conde Nast.  

“Equalpride exists to elevate, celebrate and protect LGBTQ+ storytelling at scale,” Equalpride CEO Mark Berryhill said according to Hollywood Reporter. “By combining the strengths of our brands with this respected digital platform, we’re creating a unified ecosystem that delivers even more impact for our audiences, advertisers, and community partners.”

It’s not clear if “Them” staff would take over editorial responsibilities for the Advocate and Out.

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Capital Pride reveals 2026 theme

‘Exist, Resist, Have the Audacity’

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Capital Pride Alliance CEO and President Ryan Bos speaks at the Pride Reveal event at The Schulyer at The Hamilton on Thursday, Feb. 26. (Washington Blade photo by Michael Key)

In an official statement released at the reveal event Capital Pride Alliance described its just announced 2026 Pride theme of “Exist, Resist, Have the Audacity” as a “bold declaration affirming the presence, resilience, and courage of LGBTQ+ people around the world.”

The statement adds, “Grounded in the undeniable truth that our existence is not up for debate, this year’s theme calls on the community to live loudly and proudly, stand firm against injustice and erasure, and embody the collective strength that has always defined the LGBTQ+ community.”

In a reference to the impact of the hostile political climate, the statement says, “In a time when LGBTQ+ rights and history continue to face challenges, especially in our Nation’s Capital, where policy and public discourse shape the future of our country, together, we must ensure that our voices are visible, heard, and unapologetically centered.”

The statement also quotes Capital Pride Alliance CEO and President Ryan Bos’s message at the Reveal event: “This year’s theme is both a declaration and a demand,” Bos said. “Exist, Resist, Have Audacity! reflects the resilience of our community and our responsibility to protect the progress we’ve made. As we look toward our nation’s 250th anniversary, we affirm that LGBTQ+ people have always been and always will be part of the United States’s history, and we will continue shaping its future with strength and resolve,” he concluded.     

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India

Activists push for better counting of transgender Indians in 2026 Census

2011 count noted 488,000 trans people in country

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(Photo by Rahul Sapra via Bigstock)

India is preparing to conduct a nationwide Census in April, the first since 2011. 

Interim projections based on the previous Census placed India ahead of China as the world’s most populous country. A Technical Group on Population Projections projection in July 2020, chaired by the Registrar General of India, estimated the country’s population in 2023 was 1.388 billion. Transgender Indians are now raising concerns about the data collectors and their sensitization.

Activists have raised concerns about whether data collectors are adequately sensitive to the community ahead of the Census. Government training material emphasizes household engagement, data privacy and sensitivity while asking personal questions, but publicly available flyers do not outline specific guidance or training related to recording trans identity during enumeration.

Concerns around the counting of trans people in India are not new.

The 2011 Census recorded around 488,000 trans people, a figure activists and researchers have described as a likely undercount due to stigma, misclassification, and a reluctance to self-identify. Subsequent surveys and field reports have pointed to inconsistencies in how gender identity is recorded and the absence of uniform sensitivity among Census data collectors. Rights groups and policy researchers have also warned that gaps in official data affect access to welfare schemes, legal recognition, and targeted public policy, making accurate counting central to future Census exercises.

A decade after the 2011 Census formally recorded trans people as a distinct category, multiple studies have continued to document entrenched socio-economic disparities. Research has pointed to lower literacy rates, limited workforce participation and barriers to healthcare access within the community. 

A National Human Rights Commission-supported study cited in subsequent reporting found a significant proportion of trans respondents reported employment discrimination, underscoring the gap between formal recognition and lived economic inclusion.

Educational exclusion has remained a persistent concern within the trans community. Studies have documented higher dropout rates, lower literacy levels and barriers to continuing education, often linked to stigma, discrimination and limited institutional support. Policy researchers note that despite formal recognition in official data after 2011, targeted interventions addressing school retention and access for trans people have remained uneven.

Access to housing schemes has reflected similar gaps. 

The Washington Blade in December reported only a small number of trans people have benefited from India’s flagship low-income housing program, despite its nationwide rollout and eligibility provisions. The findings underscored continuing barriers to inclusion in welfare delivery systems.

The Social Justice and Empowerment Ministry and the Office of the Registrar General and Census Commissioner did not respond to the Blade’s multiple requests for comment regarding sensitization measures for Census data collectors and the recording of trans identity in the upcoming Census.

Karnataka state in southern India last September conducted its first statewide baseline survey of gender minorities. The Department of Women and Child Development, in collaboration with the Karnataka State Women’s Development Corporation, launched the initiative to document the lives of trans people across 31 administrative districts. 

When the results were released, the survey identified 10,365 trans people. The country’s 2011 Census, by comparison, recorded 20,266 trans people in Karnataka, nearly double the 2025 figure. The discrepancy raised questions about how the state’s recorded trans population appeared to decline over 14 years.

The discrepancy in Karnataka’s survey has intensified scrutiny over how gender minorities are counted. Reports questioned the methodology used in the 2025 exercise, which was conducted over 45 days beginning in mid-September. Instead of door-to-door enumeration, trans people were required to report to designated registration sites — primarily district-level public hospitals and sub-district government health facilities. The approach presented barriers for potential participants, particularly those in rural areas, those without reliable transportation, those wary of institutional settings due to prior discrimination, or those who did not know about the count, raising the possibility of exclusion.

Bihar state in eastern India in January 2023 conducted a caste-based survey that included trans respondents. 

The final report identified 825 trans people in the state, compared with 40,827 recorded in the 2011 Census. Activists disputed the figure, calling it inaccurate and pointing to community estimates that suggested higher numbers, including in Patna, the state capital, raising concerns about significant undercounting.

The 2011 Census marked the first attempt to enumerate trans people at the national level, but researchers and activists have described the exercise as limited in scope. 

It recorded 487,803 people under the “other” category, a classification used for respondents who did not identify as male or female. Analysts have argued that the figure likely underestimated the community’s size. 

The Census questionnaire provided three sex categories — “male,” “female,” and “other” — a framework that critics said did not fully capture the diversity of gender identity and may have affected how some respondents chose to identify.

During the 2011 Census, enumeration practices varied across regions. 

In states such as Tamil Nadu, local reporting indicated estimates were at times derived from existing administrative records, including state-issued trans identity cards, rather than solely through door-to-door identification. Such approaches risked excluding individuals who did not possess identity documentation or were not registered with welfare boards, raising concerns about gaps in coverage.

Official data from the Social Justice and Empowerment Ministry shows only a few hundred trans people as of early 2025 have been issued identity cards through the national portal, despite nearly 2,000 applications being submitted. Many are still pending or have been rejected.

Critics of the 2011 Census said many Census data collectors were not adequately trained or sensitized to engage with gender identity beyond traditional binary classifications. Similar, detailed guidelines specific to trans sensitization have not been publicly made available for the 2026 Census, according to an examination of training materials and official circulars.

Akkai Padmashali, a trans rights activist, told the Blade that Census data collectors in earlier exercises were often not sensitized and lacked awareness of intersex people and gender-diverse communities. She said trans people and other gender and sexual minorities continue to face social exclusion and require careful handling during door-to-door data collection. Padmashali called for targeted training of data counting officers and said the government should treat the issue as a priority, adding the trans population is likely to be higher than what was recorded in 2011 and efforts to make officials more sensitive to the community are necessary.

“We will definitely join our hands with this move the government of India has taken,” said Padmashali. “I think there should be proper guidance from the main in-charge people who are conducting this enumeration, and if no such proper information is given to these Census data collectors, it is difficult to gather any sort of information concerned.” 

“This whole issue of self-identification — I think India, in its current situation, is not in such a way that it openly accepts people’s identities,” she added. “It will be challenging, it will be difficult, it will be a struggle to offer people the opportunity to express their identities as concerned. But to make sure those who are part of the sexual minority community are counted, I think we also take responsibility for educating people to be part of the enumeration.”

Padmashali said many people are not accustomed to using mobile devices and only a limited number are familiar with them. She said technology should not mislead or misguide the collection of information. Padmashali added she and other trans people plan to engage with Census data collectors and officials who organize the Census.

“Government should have local meetings,” said Padmashali. “Government should hold regional consultations on why the national enumeration is important, because we also know that from 2011 to 2026 is almost 15 years, and now we are here.” 

“The government should hold local meetings, especially in their constituencies,” she added. “If the government meets with non-government organizations and civil society groups, this could become a more inclusive exercise across the country. India has a population of more than 1.4 billion, and I think this is the appropriate time to bring accurate statistics to help draft policies in the context of the larger community concerned.”

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