National
Harkin endorses executive order barring LGBT job bias
Directive seen as interim alternative to ENDA passage
The leading Senate Democrat on labor issues on Monday announced support for an executive order from President Obama mandating that the U.S. government contract only with companies that have policies barring job discrimination against their LGBT workers.
Sen. Tom Harkin (D-Iowa), chair of the Senate Health, Education, Labor and Pensions Committee, said in a statement provided to the Washington Blade that he would back such a directive as he continues to support the Employment Non-Discrimination Act — legislation that would bar job bias against LGBT people in most private and public workforce situations.
“Everyone deserves a fair chance to earn a good living, judged by their talent, ability and qualifications free from discrimination,” Harkin said. “Workplace discrimination based on an employee’s sexual orientation or gender identity is reprehensible, which is why I am a co-sponsor of the Employment Non-Discrimination Act (ENDA).”
Harkin continued, “While I remain hopeful for the passage of ENDA, I would strongly support an executive order from President Obama that makes clear government contractors cannot discriminate based on sexual orientation and gender identity, just as President Roosevelt did seventy years ago when he made clear discrimination based on race, color, creed or national origin was impermissible. Every American deserves equal treatment on the job, period.”
The senator was referring to Executive Order 8802, which President Franklin Roosevelt signed in 1941 to prohibit discrimination on race, color, creed and national origin in the federal government and defense industries. In 1943, Roosevelt broadened the coverage of the directive to make it applicable to all government contractors.
Numerous presidents since Roosevelt — including President Kennedy and President Lyndon Johnson — have updated the initial executive order to give it more teeth and mandate that government contractors take affirmation action to ensure workers are employed without regard to race, color, creed or national origin.
An executive order barring government contractors from job discrimination against LGBT people has been seen as an interim alternative to ENDA passage while Republicans are in control of the House and progress on the measure in the lower chamber of Congress is unlikely. The White House hasn’t said one way or the other whether Obama would be open to issuing such a directive.
Shin Inouye, a White House spokesperson, said in response to the Harkin statement that he couldn’t speak to the proposed executive order while maintaining that President Obama is committed to ENDA.
“The president also continues to examine steps the federal government can take to help secure equal rights for LGBT Americans,” Inouye said. “While I can’t speak to this specific proposal, we’ve already taken steps such as extending benefits to the same-sex domestic partners of federal employees and ensuring equal access to HUD programs, and we hope to continue making progress.”
LGBT rights supporters praised Harkin, who has served in the Senate since 1985 and long been known as LGBT rights supporter, for throwing his support behind the executive order.
Michael Cole-Schwartz, a Human Rights Campaign spokesperson, said his organization welcomes the endorsement from Harkin on the directive and his continued support for an ultimate legislative solution to end LGBT workplace discrimination.
“Chairman Harkin continues to be a leader on an inclusive ENDA and we appreciate his support for an executive order that would require non-discrimination policies among federal contractors,” Cole-Schwartz said. “As we continue to build support for ENDA, an executive order is a strong step toward ending workplace discrimination.”
Tico Almeida, a civil rights litigator who handles employment discrimination cases at Sanford, Wittels & Heisler in D.C., said Harkin’s position as chair of the Senate HELP committee makes his announced support “the most important endorsement thus far for the proposed executive order for federal contractors.”
“Once the executive order is in place, it will be enforced by Labor Secretary Hilda Solis, who is committed to LGBT civil rights and has placed a strong priority on enforcing workplace protections,” Almeida added.
Richard Socarides, president of the LGBT rights group Equality Matters, said Harkin’s statement in support of the order shouldn’t come as a surprise.
“Tom Harkin, for whom I worked, has long been a strong supporter of LGBT employment protections, so I’m not surprised that he would support a presidential executive order in this area, especially when a divided Congress makes the legislative outlook cloudy,” Socarides said.
Socarides worked on Harkin’s 1992 presidential campaign and was his political director in the U.S. Senate in 1992 after the senator dropped his bid for the White House.
Despite support for administrative action, issuing the executive order wouldn’t have the same reach or impact as ENDA passage because the directive would only affect government contractors. Still, some companies that don’t contract with the government could be expected to follow the lead of businesses that do if the president issues such an executive order.
Harkin’s endorsement of such an order means he joins Rep. Jared Polis (D-Colo.), a gay lawmaker on the House Committee on Education & the Workforce, and Sen. Jeff Merkley (D-Ore.), the sponsor of ENDA in the Senate, who have also voiced support for the directive.
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Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”
Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.
Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.
Kansas
ACLU sues Kansas over law invalidating trans residents’ IDs
A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”
“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”
National
After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast
Top editorial staff let go last week
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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