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.”
District of Columbia
Trans activists gather on National Mall for Transgender Day of Visibility
Around 200 members, supporters of the trans community, gathered on the Mall amid the increasingly hostile political environment.
The National Mall was covered in kites on Saturday as transgender activists from around the country gathered to support the second annual Transgender Day of Visibility. The event, put on by the Christopher Street Project — whose mission to protect and support trans Americans on the ballot and in streets — brought together around 200 supporters and organizations to honor trans homicide victims and rally for the future of human rights.
Created 17 years ago by psychotherapist and trans activist Rachel Crandall-Crocker, the day was born out of a need to celebrate one of the most marginalized groups in American politics, she told The 19th in 2021.
Since then, the nation has slowly caught up. This year marked the second time the observance has expanded into a multi-day movement, with events ranging from panels and congressional lobbying to organizing efforts, culminating in a rally on the “nation’s front door” — the National Mall.
A recent survey conducted by SRSS, a national research and marketing firm, and commissioned by the Human Rights Campaign Foundation, found that 41 percent of American adults say they personally know someone who is trans. That figure is up from previous estimates of around 30 percent. The study also shows that 27 percent say they have had a regular conversation with a transgender person in the last year. For HRC, this data is confirmation that visibility efforts are working.
“Transgender people are not strangers. They are our neighbors, coworkers, family members, and friends. And this new data shows that as people get to know them, they are more likely to stand by them as allies,” said Kelley Robinson, president of HRC said in a statement. “Defending trans rights is part of defending democracy itself. The more we show up for each other, the stronger our communities and our democracy become.”
Despite this progress and growing positive sentiment, more than 80 anti-trans bills are currently pending in state legislatures across the country, according to HRC, while similar issues are being debated at the national level. Many of the bills seek to restrict trans youth from participating in sports aligned with their gender identity and limit access to gender-affirming medical care.
Tyler Hack, founder and executive director of the Christopher Street Project, who is trans and nonbinary, spoke with the Washington Blade on March 28 about the growing importance of the day.
“We saw that there was a lack of political power for the trans community. We saw that there was a lack of political power for the trans community,” Hack said. “We decided to step up and implement the demand leadership and have galvanized people all across this country for Trans Day of Visibility and our gatherings these last few days we’ve had people come from as far as Hawaii to come celebrate with us, advocate for our rights on the hill, and learn about what it means to fight for all of us.”
Fighting for “all of us,” Hack noted, means showing up where political power is concentrated — in the nation’s capital. The National Mall, a hub for both protest and tourism, draws a wide range of visitors, from political activists brandishing MAGA hats or “You did it, Joe” t-shirts to everyday sightseers.
“I literally just saw a guy in a Trump shirt [at the rally], but we’re not going anywhere,” they said. “Visablity is really important, alongside needing to be an active parts of society, being having public life, and we need to demonstrate that we’re not going anywhere. I mean, we had people from the hill, Congress members come who weren’t even planning to come and did … We are now learning about what it means to fight for and stand up for our rights.”
Hack then looked toward the Capitol after being asked why they believe there are so many negative — and false — statements coming from congressional legislators about trans people. After a pause, they emphasized that the fight for trans rights is often deliberately mischaracterized by Republican opponents try to turn Americans against the community. That, they pointed out, is not what is happening outside the halls of the Hill.
“We are fighting for an America that works for all of us, and we know that,” Hack said. “We know that fighting for all of us is not unpopular. What’s unpopular is genital inspections in schools for girls as young as four years old — who some of our leaders want to transvestigate for not looking feminine enough. What’s unpopular are subpoenas of hospitals so the government can go through your records and decide what they like and don’t like. It is about power.”
That framing — that trans people simply want to live freely and equally under the law — has become central to the movement’s messaging, even as conservative media organizations and political leaders continue to shape public perception in opposing ways.
“We can’t cede any ground because we don’t need to. We are not fighting for a cause that’s inherently unpopular. People know that we shouldn’t throw anyone under the bus, and that’s what we’re here to say to our leaders: we’re paying attention.”
This year’s TDoV was noticeably larger in production than last year’s event, with a bigger stage, more high-profile speakers, increased security, and expanded programming across multiple days.
“We also planned three days of programming. We had dozen panels and workshops on Thursday, and we had over 75 Hill meetings on Friday,” they said. “Now we have this rally, and our capacity hasn’t grown that much — a lot of this was done by two people, but I think it just has come to fruition in a way. I’m happy with it, but I would love to see people with crazy budgets and includes expanded capacity, also we can continue to step out and do the work.”
One moment that stood out to Hack was seeing a parent advocate for her trans child — highlighting what they described as the deeply human nature of these stories.
“The first person to come up to me today was a mom of a trans kid and a nonbinary kid who said she came to our whole convening, going to the Hill to advocate yesterday — for the first time, because we inspired her to act, and that she was too scared to be a part of something,” they said. “She knew that her kids’ lives had been criminalized and that she needed to act and –that really hit me. I also know most of the people who educated our lawmakers, were people who have never been to the Hill before. These people who were also telling their stories, were also fighting for reproductive freedom for all. I mean, we had people from Hawaii, Washington State, California, people who some of them hadn’t been to D.C. Those are the people that we are here to mobilize because they haven’t been galvanized by any project before. I’m just grateful we gave them something that they’re willing to get behind.”
Speakers throughout the rally echoed similar themes of urgency, visibility, and collective action.
Rayceen Pendarvis, a local D.C. trans activist, spoke at the event, emphasizing the history behind the current fight — especially the exclusion of trans people from broader LGBTQ movements — and the need to push back against current political attacks on the most marginalized.
“Trans people in D.C. had to fight for their seat at the table. Trans people were either an afterthought — or left out completely. Now, trans people have become the scapegoat. Ignorance about trans people has been weaponized.”
The lifelong Washingtonian, who had a popular show that ran for 10 seasons with a range of programming covering local and national LGBTQ topics from 2012–2021, continued on the need to stay aware and vocal during the increasingly difficult Trump-Vance administration.
“We have to push back — be as relentless as they are. If your vote was not important, they wouldn’t spend so much time trying to stop you from using it. Voting is not enough — we all must get involved. Let us make our ancestors proud by unifying, organizing, and fighting back.”
She ended her speech with advice to not only strategically spend time advocating, but also build relationships within and around the transgender community.
“Support each other, encourage each other, and help each other. Spend time with your trans elders while you can and learn from them. Give them their flowers, but also give the old dolls some money to pay their bills,” she said to cheers from the crowd. “Allies need to put their money where their mouth is!”
“RuPaul’s Drag Race” contestant, singer-songwriter, and trans activist Peppermint spoke about the mixed feelings the day brings, allowing her to recognize both pride and frustration with the slow-moving progress for the transgender community.
“I love being trans, and it’s inspiring to see more people feel comfortable expressing who they are,” Peppermint said to the crowd. “But I’m disappointed that we have to march for our rights. I’m disappointed that we have to convince people who we are, while we’ve been here supporting them all along. I’m disappointed that not enough people show up when the trans community is under attack.”
Last year, a record number of anti-trans policies passed through state and federal legislatures — many originating from Republican lawmakers who argue such measures are necessary for safety. Idaho voted to make it a criminal offense to use the bathroom aligned with one’s gender identity if it does not match sex assigned at birth, setting up a bounty-style enforcement system. Twenty-seven states have banned sports participation for transgender children, primarily targeting transgender girls, citing fairness and safety — claims that research has shown are not supported by evidence. Last month, Kansas’s state Senate voted to invalidate driver’s licenses and birth certificates of trans residents who had updated their gender markers, while also defining sex strictly as assigned at birth.
Peppermint highlighted the specific cruelty of these policies and echoed the rally’s broader message.
“People are being asked to make an agreement to throw us under the bus. You’re watching our civil rights be stripped away like it’s entertainment. When you empower a government to take rights from some, you empower it to take rights from everyone,” the Broadway performer added. “That’s the reality we’re facing.”
She finished by affirming those present and pointing toward the future of the fight for equal treatment under the law.
“Trans people are women, men, nonbinary, immigrants, disabled — every kind of person. We are here, and we are inevitable. I’m disappointed — but I’m hopeful. I’m grateful — and you should be too,” Peppermint said. “I love you, I’m in awe of you, and I am grateful for you. I’m proud to stand with this diverse trans community. We have always shown up for others, year after year. And we’re still here.”
Rabbi Abby Stein framed the moment through a spiritual and historical lens, offering an alternative to narratives often pushed by conservative lawmakers and commentators.
“They’ve moved past trying to erase us — they’re using us. We have become the rock they’re using to hit the people they want to oppress,” Stein said. “We are visible, but we’ve been forced into a narrow place. That’s the reality of this moment.”
She continued, explaining that, despite what some have said, her trans identity reaffirms her religion and strengthens her Jewish faith.
“For generations, we’ve told stories about leaving narrow places. Those narrow places exist today — in closets, in systems, in the ways people try to restrict us. But we have always found a way out. That is our history and our power.”
“Coming out and being who you are isn’t just okay — it’s a spiritual obligation. It is powerful, and it is necessary. If you try to take away our visibility, our rights, and our joy, you will fail. We are going to win because we will keep fighting together.”
Other activists that spoke included military members who had been forced out of their jobs and benefits following the Trump-Vance administration’s return to banning transgender military members, including SPARTA Pride Executive Director and US Army Major Kara Corcoran and Air Force Master Sgt. Logan Ireland, both focusing their time on stage on sharing how they gave their country their lives, yet the president couldn’t accept their gender identity.
Others who spoke/performed included the queer cheerleading group Cheer DC, local trans DJ and organizer Samson, and Chastity Bowick, Executive Director of Marsha P. Johnson Institute also spoke.
Hack closed with a message centered on their belief in collective action to create a better world for everyone and the resilience of the community.
“We’ve been fighting in the halls of power, and I’m proud of how far we’ve come. This week is about educating, advocating, and rallying. There isn’t one strategy to take back our country. It takes all of us … This is not just about trans people — this is about whether the government gets to decide who is acceptable. When one group is targeted, it never stops there. That’s what history shows us. That’s why this moment matters.”
“We’re being scapegoated and forced out of public life. There are efforts to legislate us out of existence. Our freedoms are intertwined — we can’t leave anyone out. They think we’re small, but they’re wrong.”
“The days of respectability politics are over,” Hack said, with rainbow kites lying overhead, signaling a welcome and powerful reflection of the day’s movement — one that echoed the sentiments of those gathered. “Our movement has never needed permission to exist — and we’re not asking for it now. There is something inevitable about a people who refuse to disappear. It is inevitable that we win.”
Senegal
Senegalese president signs bill that further criminalizes homosexuality
Measure passed in National Assembly with near unanimous support
Senegalese President Bassirou Diomaye Faye on Tuesday signed into law a bill that further criminalizes consensual same-sex sexual relations in the country.
Lawmakers in the African country on March 11 nearly unanimously passed the measure that increases the penalty for anyone convicted of engaging in consensual same-sex sexual relations from one to five years in prison to five to 10 years. The bill that Prime Minister Ousmane Sonko introduced also prohibits the “promotion” or “financing” of homosexuality in Senegal.
Reuters on March 16 reported MassResistance, an anti-LGBTQ group based in the U.S., worked with Senegalese groups that support the bill. Volker Türk, the U.N. high commissioner for human rights, is among those who urged Faye not to sign it.
The Senegalese National Assembly in 2021 rejected a bill that would have further criminalized homosexuality in the country.
Police in February arrested a dozen men and charged them with committing “unnatural acts.”
Maryland’s legislative caucuses outlined their legislative priorities heading into the final weeks of the 2026 General Assembly during a joint press conference on March 24.
The press conference was titled “We are Maryland,” where a representative for each of the legislative caucuses outlined priorities.
State Del. Kris Fair (D-Frederick County) of the LGBTQ+ Caucus opened the press conference with a statement on the unity of Maryland’s caucus.
“Together we can show our state and our community a different world, one where we mutually support one another and through that support uplift every Marylander,” he said.
In a press conference on March 5, the LGBTQ+ Caucus outlined its top legislative priorities. Fair highlighted two of those bills again during the “We are Maryland” press conference.
The first of the two highlighted pieces of legislation was Senate Bill 626 and House Bill 1589.
The bills would simplify the process of updating an individual’s birth certificate and align the Department of Health and DMV systems to reflect those changes. The bill is being led by state Sen. Clarence Lam (D-Anne Arundel and Howard Counties) and state Del. Ashanti Martinez (D-Prince George’s County).
The second piece of legislation is Senate Bill 950 and House Bill 1209, which would update and modernize laws and regulations around so-called conversion therapy. The bills have failed to pass either chamber thus far. They are being led by state Sen. Cheryl Kagan (D-Montgomery County) and state Del. Bonnie Cullison (D-Montgomery County).
(The U.S. Supreme Court on Tuesday ruled against a Colorado law that bans so-called conversion therapy for minors. Maryland is among the U.S. jurisdictions that prohibit the widely discredited practice for anyone under 18.)
Martinez and Lam have introduced bills in their respective chambers that would expand PrEP access in Maryland. Martinez did not attend the press conference, and Fair did not mention it when he spoke.
State Del. N. Scott Phillips (D-Baltimore County) represented the Black Caucus during the press conference. State Del. Dana Jones (D-Anne Arundel County) spoke on behalf of the Women’s Caucus, State Del. Teresa Woorman (D-Montgomery County) represented the Latino Caucus, and State Del. Lily Qi (D-Montgomery County) represented the Asian-American and Pacific Islander Caucus. State Del. Jared Solomon (D-Montgomery County) represented the Jewish Caucus, and state Del. Sean Stinnett (D-Baltimore County) represented the Muslim Caucus during the press conference.
Solomon ended the press conference by explaining the importance of all the caucuses coming out together.
“We are stronger when we’re together, and many of these issues that we have talked about, again, impact all of us,” said Solomon.
Trans activists gather on National Mall for Transgender Day of Visibility
The cost of speaking one’s mind
Senegalese president signs bill that further criminalizes homosexuality
Md. lawmakers reaffirm legislative priorities
Supreme Court rules against Colo. law banning conversion therapy for minors
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