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Carney unsure if Obama will lobby Congress on ENDA

No updates on anti-LGBT discrimination executive order

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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 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 ā€” 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 Ā 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.

“Itā€™s long past time to put all 100 Senators on the record on ENDA,” Almeida said. “Now that Sen. Reidā€™s office has told the Washington Blade that they look forward toĀ 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.ā€

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 ā€” 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 peopleĀ 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 presidentā€™s impressive record, Freedom to Work remains optimistic that he will fulfill this campaign promise soon.ā€

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.

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Congress

House passes spending bill as Greene threatens to oust Johnson

51 of 52 anti-LGBTQ riders were defeated

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Rep. Marjorie Taylor Greene (R-Ga.) speaks at a press conference on Sept. 20. (Washington Blade photo by Michael Key)

The U.S. House of Representatives averted a government shutdown on Friday with a vote of 286-134 to pass the $1.2 trillion spending bill, over the objections of hard-right members like U.S. Rep. Marjorie Taylor Greene (R-Ga.).

The congresswoman subsequently filed a motion to remove House Speaker Mike Johnson (R-La.), who is himself an ultraconservative legislator. The move marked the second time in six months that the party has called for a vote to oust their own leader.

ā€œToday I filed a motion to vacate after Speaker Johnson has betrayed our conference and broken our rules,ā€ said Greene, who refused to say whether she would call up the resolution to call for a snap vote, which likely means the matter will be delayed until after the two-week recess.

Greene and Johnson are at odds over the content of the minibus appropriations package, with the congresswoman calling it a “Chuck Schumer, Democrat-controlled bill” that does not contain conservative policy demands on matters like immigration and LGBTQ issues.

The speaker, meanwhile, proclaimed, ā€œHouse Republicans achieved conservative policy wins, rejected extreme Democrat proposals, and imposed substantial cuts while significantly strengthening national defense.ā€

With respect to anti-LGBTQ riders submitted by Republican members, more than 50 were ultimately stripped from the bill, which the Human Rights Campaign celebrated as “a victory,” crediting lawmakers for their “bipartisan, bicameral negotiations.”

Of the 52 anti-LGBTQ riders, only one survived in the $1.2 trillion package passed on Friday: A ban on flying Pride flags at U.S. embassies.

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Congress

Massive defeat for anti-trans, anti-LGBTQ riders in spending bill

Proposal has only one rider that would target community

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U.S. Capitol
U.S. Capitol (Washington Blade photo by Michael Key)

On Thursday, Congress unveiled the much-anticipated spending bill to avert a government shutdown. The bill, which includes funding for major government departments such as Health and Human Services and Education, featured fierce negotiations over conservative ā€œpolicy riders.ā€ 

These policy riders included bans on coverage for gender-affirming care, DEI bans, sports bans and more. Despite some indications that Democrats might compromise due to the sheer number of conservative policy riders, it appears those fears did not come to fruition. Democrats held firm in negotiations, and the most impactful anti-trans and anti-LGBTQ riders were nowhere to be found.

One policy rider proposed for the Food and Drug Administration would have defunded any hospital that ā€œdistributes, sells or otherwise uses drugs that disrupt the onset of puberty or sexual development for those under 18,ā€ a measure targeting not only transgender youth but also those experiencing precocious puberty. 

Another rider sought to bar any government funding toward ā€œsurgical procedures or hormone therapy for the purposes of gender-affirming careā€ in the Department of Health and Human Services. This move would have significantly impacted private and subsidized insurance in the Healthcare Marketplace. It also aimed to bar the enforcement of President Joe Bidenā€™s executive order titled ā€œPreventing and Combating Discrimination on the Basis of Gender Identity,ā€ which broadened anti-discrimination protections for trans individuals.

Additional riders included bans on funding for any organization thatĀ ā€œpromotes transgenderism,ā€Ā Title IX protections for trans youth, bans on legal challenges against states over anti-LGBTQ+ laws, book bans, DEI bans and more.

In total, over 40 riders were proposed and negotiated in the spending bills. None of these were found in the final bill.

Ultimately, the final spending bill released contained only a single anti-LGBTQ rider: A ban on Pride flags being raised or displayed above foreign embassies. The policy, while certainly qualifying as anti-LGBTQ and a regression to Trump-era policies, notably does not bar personal displays of Pride flags by embassy workers.

In the past, some embassies have gotten around such bans by not ā€œflying a flag over the embassyā€ but rather, painting portions of the embassy in rainbow colors or draping flags on the side of buildings.

News of the defeat of the most impactful anti-trans and anti-LGBTQ riders comes after a significant push from Equality Caucus Democrats and the Biden administration against the riders. ā€œAs you negotiate government funding for Fiscal Year 2024 (FY24), we write to strongly urge you to reject any attempts to include anti-LGBTQ+ provisions in any final FY24 funding agreement,ā€ said a letter signed by 163 representatives on behalf of the Congressional Equality Caucus to the Biden administration.

However, Republicans also pushed hard for their inclusion. In a shutdown threat issued Feb. 21 from the House Freedom Caucus, Republicans indicated that bans on gender affirming care and trans participation in sports were necessary to prevent a potential shutdown.

Previously, U.S. Dan Crenshaw (R-Texas) stated that such bans are the “hill we will die on.” In a report published by Axios, one Republican lawmaker stated, ā€œPeople are predicting a shutdown even if it’s just for a few days.ā€ Others concurred, citing gender affirming care riders as one of the potential reasons for such a shutdown.

Many anti-LGBTQ leaders in the Republican Party reacted negatively to the bill. U.S. Rep. Matt Gaetz (R-Fla.)Ā expressed angerĀ at funding for the New Jersey Garden State Equality in Education Fund, calling it ā€œforce feeding the LGBT agenda in schoolsā€ and stating that it enables ā€œgender mutilation surgeries in minors,ā€ ā€œbiological menā€ in womenā€™s bathrooms and trans participation in sports.

U.S. Rep. Marjorie Taylor Greene (R-Ga.) decried the lack of a DEI ban. U.S. Rep. Andrew Clyde (R-Ga.) stated that Republicans ā€œsurrenderedā€ to Democrats on hormone therapy. The House Freedom Caucus published a lengthy list of healthcare and equality centers that the budget would fund, urging the GOP to vote ā€œnoā€ and to shut down the government.

In a press release published by House Appropriations Democrats, they stated that the bill rejected over a hundred poison-pill riders, many of which targeted LGBTQ people. For example, the Labor-HHS-Education portion of the bill blocked provisions around gender affirming care, sports bans and nondiscrimination.

See the House Appropriations Democrats statement:

Press release, House Appropriations Democrats on Labor-HHS-Education

The bill must pass by Friday evening to avert a government shutdown, though the impacts of such a shutdown would likely not be felt until Monday. If passed, the bill would keep the government funded through September, at which point all of the riders could resurface during the peak of the 2024 presidential election.

However, for the next several months, LGBTQ riders will not pose a significant threat in a year where trans and queer individuals have faced attacks at historic levels.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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Congress

Padilla, FCC introduce measure to improve 988 Suicide and Crisis Lifeline

HHS launched effort in 2022

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U.S. Sen. Alex Padilla (D-Calif.) (Screen capture: YouTube)

U.S. Sens. Alex Padilla (D-Calif.) and Thom Tillis (R-N.C.), joined by U.S. Rep. Tony CƔrdenas (D-Calif.), Federal Communications Commission Chairwoman Jessica Rosenworcel and U.S. Secretary of Health and Human Services Xavier Becerra, introduced a measure on Thursday to improve the 988 Suicide and Crisis Lifeline.

Calls are currently routed to mental health professionals and local public safety officials based on the caller’s area code ā€” even though, as the lawmakers and officials noted during their announcement ā€” in many cases, the area code, especially for cell phone numbers, does not match the location from which they are calling.

Under the new proposal, Padilla said, “We’re going to be in a position to be able to provide care as quickly and as safely as possible.”

“In the same way that 911 calls in the case of an emergency are routed to local providers, local first responders, so ambulances can come out and help quickly when you call 911, 988 should be tied to a caller’s location, not their area code,” he said.

Calling Padilla, Tillis, and CĆ”rdenas “great champions of mental health,” Rosenworcel noted, “that’s not our stock and trade” at the FCC.

“We are people who deal with technology and communications,” she said, “but we came to realize that we could work with Congress to make sure that everyone in this country who’s going through a crisis has someone to call and someone who can listen ā€” and that’s why in 2022, we set up 988, the easy-to-remember three digit number for anyone who is in crisis.”

A press release from Padilla’s office explains the details for how the update to the 988 Suicide and Crisis Lifeline will work:

“The Notice of Proposed Rulemaking (NPRM) announced today seeks to address the discrepancies and inefficiencies of the current system by proposing the adoption of a rule that would require a georouting solution to be implemented for all wireless calls to the 9-8-8 Lifeline while balancing the privacy needs of individuals in crisis. 

Georouting refers to technical solutions that enable calls to be directed based on the location of the caller without transmitting the callerā€™s precise location information.Ā These solutions would permit wireless calls to the 9-8-8 Lifeline to be directed to nearby crisis centers based on factors such as the cell tower that originated the call rather than the area code of the wireless device used to place the call.”

The 988 Suicide and Crisis Lifeline offers LGBTQ-affirming counseling, which is accessible by pressing three.

A 2023 survey by the Trevor Project, which included more than 28,000 LGBTQ participants aged 13-24, found that 41 percent had seriously considered suicide within the past year and 56 percent wanted ā€” but were unable to get ā€” mental health care within the last year.

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