Politics
Carney unsure if Obama will lobby Congress on ENDA
No updates on anti-LGBT discrimination executive order
White House Press Secretary Jay Carney was uncertain whether President Obama will lobby Congress on ENDA. (Blade file photo by Michael Key)
White House Press Secretary Jay Carney expressed uncertainty on Monday over whether President Obama will lobby members of Congress to pass the Employment Non-Discrimination Act during his visit this week to Capitol Hill.
Under questioning from the Washington Blade on ENDA, Carney declined to identify the bill as one of the pieces of legislation that Obama would ask Congress to pass — even though he enumerated other measures the president is seeking earlier in the briefing.
“I think he’ll talk about some of the issues that I laid out, maybe not all of them, and I’m sure there’ll be other topics that he’ll raise,” Carney said. “But I don’t have a specific agenda for him.”
Other legislative items Carney enumerated during the briefing were a balanced deficit reduction measure, comprehensive immigration reform, legislation to reduce gun violence, legislation to enhance the country’s energy independence, a bill to enhance cybersecurity and addressing the issue of Republicans blocking his judicial nominees in the Senate.
Obama is scheduled to visit members of Congress during three separate caucus meetings throughout the week. Carney said Obama will meet with Senate Democrats on Tuesday, House Republicans on Wednesday, Senate Republicans on Thursday and House Republicans also on Thursday. Obama’s meeting with the senators is particularly noteworthy because LGBT groups, such as Freedom to Work, have been pushing for a Senate vote on ENDA.
Sen. Tom Harkin (D-Iowa) already committed during a Center for American Progress event to hold a committee a vote on ENDA this year. Following the news, the office of Sen. Harry Reid (D-Nev.) told the Washington Blade the majority leader looks forward to scheduling a vote on the legislation.
Tico Almeida, president of Freedom to Work, said the White House can bolster those efforts by calling for not only a committee vote on ENDA, but a vote in the Senate.
“It’s long past time to put all 100 Senators on the record on ENDA,” Almeida said. “Now that Sen. Reid’s office has told the Washington Blade that they look forward to working with Senator Harkin and others to schedule a vote on the Senate floor after the bill is reported by the committee, it would be an important time for President Obama to publicly challenge both chambers of Congress to vote on ENDA this year.”
Carney expressed uncertainty over a plan for ENDA immediately after his response to a previous Blade question in which he reiterated that the administration prefers a legislative approach to tackle anti-LGBT workplace discrimination as opposed to administrative action.
Advocates have been calling on Obama to issue an executive order prohibiting federal contractors from engaging in anti-LGBT workplace discrimination. The White House has yet to take action on this directive — even though the administration has taken other executive action on behalf of the LGBT community in recent weeks by starting the process to offer limited partner benefits for gay service members and filing a legal brief in the lawsuit against California’s Proposition 8.
Asked why the administration would undertake these other two actions, but not issue the executive order, Carney drew a distinction.
“I think filing a brief is an entirely different piece of business,” Carney said. “But, as you know, the president has long supported an inclusive Employment Non-Discrimination Act and his administration will continue to work to build support for it. We welcome Chairman Harkin’s announcement that he will hold a vote on ENDA this year. I have no updates for you on an executive order.”
Almeida said “it’s odd” that the White House “continually downplays” the administration’s record of strong executive actions on behalf of LGBT people when Congress doesn’t act.
“For example, the Department of Housing and Urban Development did not wait for Congress to pass an LGBT housing bill, and instead took executive action to create strong LGBT protections to ban discrimination in mortgage lending,” Almeida added. “Signing the LGBT workplace executive order is the next logical step, and based on the president’s impressive record, Freedom to Work remains optimistic that he will fulfill this campaign promise soon.”
Also on Monday, the Human Rights Campaign issued an action alert to its members calling on Obama to “spread workplace equality to millions” by issuing the executive order. The alert is written by Sen. Jeff Merkley (D-Ore.).
“Putting an end to any discrimination among federal contractors based on sexual orientation or gender identity is the next, natural step for the most pro-equality president in history,” Merkley writes.
Merkley has sponsored ENDA in the Senate and gay Rep. Jared Polis (D-Colo.) has said he’d take the lead on the legislation in the House now that gay former Rep. Barney Frank has retired. However, neither lawmaker has yet introduced legislation.
A transcript of the exchange between Carney and the Washington Blade follows:
Washington Blade: Jay, in recent weeks, the administration has taken a lot of executive action on behalf of the LGBT community. Last month, the Pentagon started the process for implementing certain partner benefits for gay troops. And a couple weeks ago, the Justice Department filed a brief in the Prop 8 case. One action that remains outstanding is that executive order for federal contractors prohibiting anti-LGBT workplace discrimination. If you’re going to do those other two executive actions, why not do the executive order as well?
Jay Carney: Well, I mean, I think filing a brief is an entirely different piece of business, Chris. But, as you know, the President has long supported an inclusive Employment Non-Discrimination Act and his administration will continue to work to build support for it. We welcome Chairman Harkin’s announcement that he will hold a vote on ENDA this year. I have no updates for you on an executive order.
Washington Blade: Speaking about the Employment Non-Discrimination Act, when the President goes to Capitol Hill this week to talk to lawmakers this week about his priorities, will he mention the Employment Non-Discrimination Act as one of the things he wants passed?
Carney: I think he’ll talk about some of the issues that I laid out, maybe not all of them, and I’m sure there’ll be other topics that he’ll raise. But I don’t have a specific agenda for him.
Congress
Congress passes ‘Big, Beautiful Bill’ with massive cuts to health insurance coverage
Roughly 1.8 million LGBTQ Americans rely on Medicaid
The “Big, Beautiful Bill” heads to President Donald Trump’s desk following the vote by the Republican majority in the U.S. House of Representatives Thursday, which saw two nays from GOP members and unified opposition from the entire Democratic caucus.
To partially offset the cost of tax breaks that disproportionately favor the wealthy, the bill contains massive cuts to Medicaid and social safety net programs like food assistance for the poor while adding a projected $3.3 billion to the deficit.
Policy wise, the signature legislation of Trump’s second term rolls back clean energy tax credits passed under the Biden-Harris administration while beefing up funding for defense and border security.
Roughly 13 percent of LGBTQ adults in the U.S., about 1.8 million people, rely on Medicaid as their primary health insurer, compared to seven percent of non-LGBTQ adults, according to the UCLA School of Law’s Williams Institute think tank on sexual orientation and gender identities.
In total, the Congressional Budget Office estimates the cuts will cause more than 10 million Americans to lose their coverage under Medicaid and anywhere from three to five million to lose their care under Affordable Care Act marketplace plans.
A number of Republicans in the House and Senate opposed the bill reasoning that they might face political consequences for taking away access to healthcare for, particularly, low-income Americans who rely on Medicaid. Poorer voters flocked to Trump in last year’s presidential election, exit polls show.
A provision that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation — reportedly after the first trans member of Congress, U.S. Rep. Sarah McBride (D-Del.) and the first lesbian U.S. senator, Tammy Baldwin (D-Wis.), shored up unified opposition to the proposal among Congressional Democrats.
Congress
Ritchie Torres says he is unlikely to run for NY governor
One poll showed gay Democratic congressman nearly tied with Kathy Hochul
Gay Democratic Congressman Ritchie Torres of New York is unlikely to challenge New York Gov. Kathy Hochul (D) in the state’s next gubernatorial race, he said during an appearance Wednesday on MSNBC’s “Morning Joe.”
“I’m unlikely to run for governor,” he said. ““I feel like the assault that we’ve seen on the social safety net in the Bronx is so unprecedented. It’s so overwhelming that I’m going to keep my focus on Washington, D.C.”
Torres and Hochul were nearly tied in a poll this spring of likely Democratic voters in New York City, fueling speculation that the congressman might run. A Siena College poll, however, found Hochul leading with a wider margin.
Back in D.C., the congressman and his colleagues are unified in their opposition to President Donald Trump’s signature legislation, the “Big Beautiful Bill,” which heads back to the House after passing the Senate by one vote this week.
To pay for tax cuts that disproportionately advantage the ultra-wealthy and large corporations, the president and Congressional Republicans have proposed massive cuts to Medicaid and other social programs.
A provision in the Senate version of the bill that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation, reportedly after pressure from transgender U.S. Rep. Sarah McBride (D-Del.) and lesbian U.S. Sen. Tammy Baldwin (D-Wis.).
Torres on “Morning Joe” said, “The so-called Big Beautiful Bill represents a betrayal of the working people of America and nowhere more so than in the Bronx,” adding, “It’s going to destabilize every health care provider, every hospital.”
Congress
House Democrats oppose Bessent’s removal of SOGI from discrimination complaint forms
Congressional Equality Caucus sharply criticized move
A letter issued last week by a group of House Democrats objects to Treasury Secretary Scott Bessent’s removal of sexual orientation and gender identity as bases for sex discrimination complaints in several Equal Employment Opportunity forms.
Bessent, who is gay, is the highest ranking openly LGBTQ official in American history and the second out Cabinet member next to Pete Buttigieg, who served as transportation secretary during the Biden-Harris administration.
The signatories to the letter include a few out members of Congress, Congressional Equality Caucus chair and co-chairs Mark Takano (Calif.), Ritchie Torres (N.Y.), and Becca Balint (Vt.), along with U.S. Reps. Nikema Williams (Ga.), Hank Johnson (Ga.), Raja Krishnamoorthi (Ill.), Delia Ramirez (Ill.), Joyce Beatty (Ohio), Lloyd Doggett (Texas), Eleanor Holmes Norton (D.C.), Josh Gottheimer (N.J.), and Sylvia Garcia (D-Texas).
The letter explains the “critical role” played by the EEO given the strictures and limits on how federal employees can find recourse for unlawful workplace discrimination — namely, without the ability to file complaints directly with the Employment Opportunity Commission or otherwise engage with the agency unless the complainant “appeal[s] an agency’s decision following the agency’s investigation or request[s] a hearing before an administrative judge.”
“Your attempt to remove ‘gender identity’ and ‘sexual orientation’ as bases for sex discrimination complaints in numerous Equal Employment Opportunity (EEO) forms will create unnecessary hurdles to employees filing EEO complaints and undermine enforcement of federal employee’s nondiscrimination protections,” the members wrote in their letter.
They further explain the legal basis behind LGBTQ inclusive nondiscrimination protections for federal employees in the EEOC’s decisions in Macy v. Holder (2012) and Baldwin v. Foxx (2015) and the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020).
“It appears that these changes may be an attempt by the department to dissuade employees from reporting gender identity and sexual orientation discrimination,” the lawmakers wrote. “Without forms clearly enumerating gender identity and sexual orientation as forms of sex discrimination, the average employee who experiences these forms of discrimination may see these forms and not realize that the discrimination they experienced was unlawful and something that they can report and seek recourse for.”
“A more alarming view would be that the department no longer plans to fulfill its legal obligations to investigate complaints of gender identity and sexual orientation and ensure its
employees are working in an environment free from these forms of discrimination,” they added.
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