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Will new voices call on Obama to sign ENDA exec order?

New letter gives Dem leaders, Republicans chance to seek action

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Debbie Wasserman Schultz, DNC, Democratic National Committee, Lesbian Leadership Council, gay news, Washington Blade
Debbie Wasserman Schultz, DNC, Democratic National Committee, Lesbian Leadership Council, gay news, Washington Blade

DNC Chair Debbie Wasserman Schultz is among those who haven’t articulated support for an ENDA executive order. (Washington Blade file photo by Michael Key)

A new letter is being circulated among members of Congress urging President Obama to sign an executive order barring discrimination against LGBT workers, raising questions about whether pro-gay lawmakers who have previously made no explicit calls for the directive will take the opportunity to do so.

Key members of the Democratic leadership have yet to call for the executive order as have Republicans who’ve already articulated support for the Employment Non-Discrimination Act, legislation that would bar workplace discrimination against LGBT people.

The letter that’s being circulated among lawmakers calls on Obama to sign the order in the wake of his declaration that 2014 will be a “Year of Action” through administrative means if Congress doesn’t act on his legislative agenda.

“As we continue to work towards final passage of the Employment Non-Discrimination Act (ENDA) with strong bipartisan support, we urge you to take action now to protect millions of workers across the country from the threat of discrimination simply because of who they are or who they love,” the letter states.

A source familiar with the letter said the opportunity to sign it would close at the end of Monday.

Although this is the first letter intended to include signatures from members of both the House and Senate, it’s not the first time lawmakers signed letters calling for the executive order. Last year, 110 House Democrats signed a letter seeking the directive and 37 senators signed a letter to that effect.

But neither of those letters included names of lawmakers in Democratic leadership or Republicans — even though many had previously articulated support for the executive order or ENDA in some capacity. The newly circulated letter presents an opportunity for those lawmakers to augment the call with powerful voices and create a bipartisan effort to push Obama to take administrative action to protect LGBT workers from discrimination.

The top members of the House Democratic Caucus — House Minority Leader Nancy Pelosi (D-Calif.), House Minority Whip Steny Hoyer (D-Md.) and Assistant House Minority Leader Jim Clyburn (D-Calif.) — each refrained from signing the House version of the letter in 2013. None of the offices for those lawmakers responded to the Washington Blade’s request to comment on whether they’d sign the letter this time around.

[UPDATE: Mariel Saez, a Hoyer spokesperson, told the Washington Blade on Monday following the initial publication of this article that the Democratic Whip “is signing onto the letter.”]

Even though she didn’t sign the letter, Pelosi has been on the record in support of the executive order since 2011, when the Blade asked her during her weekly news conference if she’d support that action. She also said Obama “of course” should sign the directive in January when speaking with The Huffington Post.

Clyburn was quoted as saying by The Huffington Post he feels “very strongly” that Obama should sign the executive order just months ago, reportedly adding “I don’t know where I would be today if the executive order had not been used to get rid of slavery.” The Blade is unaware of any public comments from Hoyer on the LGBT executive order.

At the time the 2013 letter was made public, Pelosi’s office cited a policy that she refrains from signing group letters because of her position in Democratic leadership. However, she had earlier signed her name to letters seeking action from the administration to help bi-national same-sex couples in addition to signing amicus briefs calling on federal courts to strike down the Defense of Marriage Act.

[UPDATE #2: Following publication of this article, Drew Hammill, a Pelosi spokesperson, said his boss won’t sign the letter currently being circulated, noting she rarely signs group letters, and said she’ll instead take her own course of action.

“Leader Pelosi has publicly expressed support for this executive order and will be sending her own private letter to the President on this matter,” Hammill said.]

Also conspicuously absent from the 2013 letter is Rep. Debbie Wasserman Schultz, who also serves as chair of the Democratic National Committee and is known for her support of LGBT rights. In the past week, she’s announced the DNC would form a lesbian leadership council and hired a gay operative as the DNC’s national political director.

Neither Wasserman Schultz’s congressional office in D.C. nor the DNC responded to the Blade’s request for comment on whether she’d sign the letter this time around.

In January, Wasserman Schultz told The Huffington Post she broadly supports the idea of Obama using his executive authority, but refused to say whether that principle applies to an executive order for LGBT workers.

Wasserman Schultz’s name was also absent from letters seeking support of bi-national same-sex couples. At the time one letter was signed in 2011, Wasserman Schultz told reporters during an Immigration Equality fundraiser she supported the action, but didn’t feel comfortable making demands on the administration because of her position in the DNC.

“Given that I’m the chair of the DNC, it’s a little odd for me to be asking the administration to do specific things,” Wasserman Schultz said at the time. “So I personally support it, but because I’m also the political voice of the president, asking the president to do things publicly can get a little awkward.”

On the Senate side, Senate Majority Leader Harry Reid (D-Nev.) also didn’t sign his chamber’s version of the letter in 2013. His office didn’t respond to a request for comment on whether he’ll add his name this time around.

Reid has offered a nuanced position on the executive order. In February, he told The Huffington Post, “If the president decides to do it, I’d be in favor of it.”

But on either the letter signed by the House or the Senate in 2013, not a single Republican signed their name. If a single one did so this time around, it would represent the first time that a Republican lawmaker had called on Obama to sign an executive order.

None of the offices of 10 Republican senators who voted for ENDA on the Senate floor responded to a request for comment on the letter. Those are Sens. Kelly Ayotte (R-N.H.), Susan Collins (R-Maine), Jeff Flake (R-Ariz.), Orrin Hatch (R-Utah), Dean Heller (R-Nev.), Mark Kirk (R-Ill.), John McCain (R-Ariz.), Lisa Murkowski (R-Alaska), Rob Portman (R-Ohio) and Pat Toomey (R-Pa.).

Despite being an original co-sponsor of ENDA, Kirk has previously spoken against an executive order prohibiting federal contractors from discriminating against LGBT workers.

“If we load executive order upon executive order, all of which would be wiped out the day after the president of the other party takes power, you really haven’t advanced the ball much,” Kirk said in 2011. “That’s why the legislation is absolutely necessary.”

In the House, six Republicans co-sponsor ENDA: Reps. Ileana Ros-Lehtinen (R-Fla.), Richard Hanna (R-N.Y.), Charlie Dent (R-Pa.), Michael Grimm (R-N.Y.), Chris Gibson (R-N.Y.) and Jon Runyan (R-N.J.).

According to the Huffington Post, Ros-Lehtinen has said she doesn’t support the executive order. Of those six Republicans, only Dent’s office responded to the Blade’s request to comment on the letter, and the response was negative.

“Congressman Dent believes that the regular legislative process is the best way to proceed in making this critical legislation outlawing workplace discrimination the law of the land,” said Dent spokesperson Shawn Millan.

Gregory Angelo, executive director of the Log Cabin Republicans, said he doesn’t know whether Republicans will sign the letter, but hopes to see some GOP names calling for the executive order.

“I’m not going to engage in speculation, but with declared GOP support for ENDA among House members of both the House and Senate, I would hope to see some Republican representation on any letter holding the president accountable to a promise he made to Americans six years ago,” Angelo said.

Neither the LGBT Equality Caucus, which is handling circulation of the letter in the House, nor the office of ENDA’s chief sponsor in the Senate Jeff Merkley (D-Ore.), which is handling it in the Senate, responded to the Blade’s request for comment over the weekend about expected signers of the letter.

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Federal Government

HRC memo details threats to LGBTQ community in Trump budget

‘It’s a direct attack on LGBTQ+ lives’

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President Donald Trump (Washington Blade photo by Michael Key)

A memo issued Monday by the Human Rights Campaign details threats to LGBTQ people from the “skinny” budget proposal issued by President Donald Trump on May 2.

HRC estimates the total cost of “funding cuts, program eliminations, and policy changes” impacting the community will exceed approximately $2.6 billion.

Matthew Rose, the organization’s senior public policy advocate, said in a statement that “This budget is more than cuts on a page—it’s a direct attack on LGBTQ+ lives.”

“Trump is taking away life-saving healthcare, support for LGBTQ-owned businesses, protections against hate crimes, and even housing help for people living with HIV,” he said. “Stripping away more than $2 billion in support sends one clear message: we don’t matter. But we’ve fought back before, and we’ll do it again—we’re not going anywhere.”

Proposed rollbacks or changes at the U.S. Department of Health and Human Services will target the Ryan White HIV/AIDS Program, other programs related to STI prevention, viral hepatitis, and HIV, initiatives housed under the Substance Abuse and Mental Health Services Administration, and research by the National Institutes of Health and Agency for Healthcare Research and Quality.

Other agencies whose work on behalf of LGBTQ populations would be jeopardized or eliminated under Trump’s budget include the U.S. Department of Housing and Urban Development, the U.S. Department of Justice, the U.S. Small Business Administration, and the U.S. Department of Education.

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U.S. Supreme Court

Supreme Court allows Trump admin to enforce trans military ban

Litigation challenging the policy continues in the 9th Circuit

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The Supreme Court as composed June 30, 2022 to present. Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Photo Credit: Fred Schilling, The Supreme Court of the U.S.)

The U.S. Supreme Court on Tuesday allowed the Trump-Vance administration to enforce a ban on transgender personnel serving in the U.S. Armed Forces pending the outcome of litigation challenging the policy.

The brief order staying a March 27 preliminary injunction issued by the U.S. District Court for the Western District of Washington notes the dissents from liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson.

On the first day of his second term, President Donald Trump issued an executive order requiring Secretary of Defense Pete Hegseth to effectuate a ban against transgender individuals, going further than efforts under his first administration — which did not target those currently serving.

The DoD’s Feb. 26 ban argued that “the medical, surgical, and mental health constraints on individuals who have a current diagnosis or history of, or exhibit symptoms with, gender dysphoria are incompatible with the high mental and physical standards necessary for military service.” 

The case challenging the Pentagon’s policy is currently on appeal before the U.S. Court of Appeals for the Ninth Circuit. The lead plaintiff is U.S. Navy Commander Emily Shilling, who is joined in the litigation by other current transgender members of the armed forces, one transgender person who would like to join, and a nonprofit whose members either are transgender troops or would like to be.

Lambda Legal and the Human Rights Campaign Foundation, both representing the plaintiffs, issued a statement Tuesday in response to the Supreme Court’s decision:

“Today’s Supreme Court ruling is a devastating blow to transgender servicemembers who have demonstrated their capabilities and commitment to our nation’s defense.

“By allowing this discriminatory ban to take effect while our challenge continues, the Court has temporarily sanctioned a policy that has nothing to do with military readiness and everything to do with prejudice.

“Transgender individuals meet the same standards and demonstrate the same values as all who serve. We remain steadfast in our belief that this ban violates constitutional guarantees of equal protection and will ultimately be struck down.”

U.S. Solicitor General D. John Sauer noted that courts must show “substantial deference” to DoD decision making on military issues.

“The Supreme Court’s decision to allow the military ban to go into effect is devastating for the thousands of qualified transgender servicemembers who have met the standards and are serving honorably, putting their lives on the line for their country every single day,” said GLAD Law Senior Director of Transgender and Queer Rights Jennifer Levi. “Today’s decision only adds to the chaos and destruction caused by this administration. It’s not the end of the case, but the havoc it will wreak is devastating and irreparable. History will confirm the weight of the injustice done today.”

“The Court has upended the lives of thousands of servicemembers without even the decency of explaining why,” said NCLR Legal Director Shannon Minter. “As a result of this decision, reached without benefit of full briefing or argument, brave troops who have dedicated their lives to the service of our country will be targeted and forced into harsh administrative separation process usually reserved for misconduct. They have proven themselves time and time again and met the same standards as every other soldier, deploying in critical positions around the globe. This is a deeply sad day for our country.”

Levi and Minter are the lead attorneys in the first two transgender military ban cases to be heard in federal court, Talbott v. Trump and Ireland v. Hegseth.

U.S. Rep. Mark Takano (D-Calif.) issued a statement on behalf of the Congressional Equality Caucus, where he serves as chair.

“By lifting the lower court’s preliminary injunction and allowing Trump to enforce his trans troop ban as litigation continues, the Supreme Court is causing real harm to brave Americans who simply want to serve their nation in uniform.

“The difference between Donald Trump, a draft dodger, and the countless brave Americans serving their country who just happen to be trans couldn’t be starker. Let me be clear: Trump’s ban isn’t going to make our country safer—it will needlessly create gaps in critical chains of military command and actively undermine our national security.

“The Supreme Court was absolutely wrong to allow this ban to take effect. I hope that lower courts move swiftly so this ban can ultimately be struck down.”

SPARTA Pride also issued a statement:

“The Roberts Court’s decision staying the preliminary injunction will allow the Trump purge of transgender service members from the military to proceed.

“Transgender Americans have served openly, honorably, and effectively in the U.S. Armed Forces for nearly a decade. Thousands of transgender troops are currently serving, and are fully qualified for the positions in which they serve.

“Every court up to now has found that this order is unconstitutional. Nevertheless, the Roberts Court – without hearing any evidence or argument – decided to allow it to go forward. So while the case continues to be argued, thousands of trans troops will be purged from the Armed Forces.

“They will lose their jobs. They will lose their commands, their promotions, their training, pay and benefits, and time. Their units will lose key players; the mission will be disrupted. This is the very definition of irreparable harm.”

Imara Jones, CEO of TransLash Media, issued the following statement:

“The Supreme Court’s decision to uphold Trump’s ban on transgender soldiers in the military, even as the judicial process works its way through the overall question of service,  signals that open discrimination against trans people is fair game across American society.

“It will allow the Trump Administration to further advance its larger goal of  pushing trans people from mainstream society by discharging transgender military members who are currently serving their country, even at a time when the military has struggled recently  to meet its recruiting goals.

“But even more than this, all of my reporting tells me that this is a further slide down the mountain towards authoritarianism. The hard truth is that governments with authoritarian ambitions have to  separate citizens between who is worthy of protection and who’s not. Trans people are clearly in the later category. And this separation justifies the authoritarian quest  for more and more power. This  appears to be what we are witnessing here and targeting trans people in the military is  just a means to an end.”

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Federal Government

Trump admin cancels more than $800 million in LGBTQ health grants

As of early May, half of scrapped NIH grants were LGBTQ focused

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President Donald Trump (Washington Blade photo by Michael Key)

The Trump-Vance administration has cancelled more than $800 million in research into the health of sexual and gender minority groups, according to a report Sunday in The New York Times.

The paper found more than half of the grants through the National Institutes of Health that were scrapped through early May involved the study of cancers and viruses that tend to affect LGBTQ people.

The move goes further than efforts to claw back diversity related programs and gender affirming care for transgender and gender diverse youth, implicating swaths of research by institutions like Johns Hopkins and Columbia along with public universities.

The Times notes that a $41 million cut impacting Florida State University will stall “a major effort to prevent HIV in adolescents and young adults, who experience a fifth of new infections in the United States each year.”

A surge of federal funding for LGBTQ health research began under the Obama-Biden administration and continued since. Under his first term, Trump dedicated substantial resources toward his Ending the HIV Epidemic in the United States initiative.

Cuts administered under the health secretary appointed in his second term, Robert F. Kennedy Jr., have put the future of that program in question.

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