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6 hints that ENDA exec order may be coming

Despite White House comments, evidence exists directive under consideration

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Jay Carney, White House, gay news, Washington Blade
White House Press Secretary, Jay Carney, Gay News, Washington Blade

White House Press Secretary, Jay Carney insists an executive order for LGBT workers is “hypothetical” (Washington Blade photo by Damien Salas).

If you tuned into his daily news conferences, you might get the sense from White House Press Secretary Jay Carney that the administration isn’t actively considering an executive order that would bar federal contractors from discriminating against LGBT workers.

One word that Carney often uses to describe the much sought directive is “hypothetical.”

That’s the word he used on Thursday when asked about the latest piece of evidence the order may be forthcoming — White House counselor John Podesta’s assertion on Bloomberg TV  that the executive order is “under consideration.”

“I don’t have any updates on that hypothetical EO; I can tell you that we strongly support action by the House in keeping with what the Senate did to get the Employment Non-Discrimination Act passed into law,” Carney said.

Speaking more to the point of Podesta’s assertion about an LGBT directive, Carney said “we look at and consider a lot things,” which neither confirms nor denies the directive is being discussed in the West Wing.

Instead, Carney took the opportunity to highlight President Obama’s support for ENDA, legislation that would bar employers from discriminating against or firing LGBT workers.

“If you look at the data on this issue — and specifically on the Employment Non-Discrimination Act — I think it is overwhelmingly demonstrated that this has the support of the American people across the country,” Carney said. “And as I’ve said again and again, this is — history is moving on this issue in the right direction, and opposing these kinds of things means finding yourself on the wrong side of history.”

The Senate passed ENDA on a bipartisan basis in September by a 64-32 vote. But the bill has seen no movement in the House, where Speaker John Boehner (R-Ohio) has continually said he opposes it. Last week, the Washington Blade reported that Boehner told the LGBT Equality Caucus there’s “no way” ENDA will get done this year.

Carney’s characterization of the executive order as hypothetical is riling at least one LGBT advocate, Freedom to Work’s Tico Almeida, who continues to say the directive is anything but hypothetical.

“There was nothing hypothetical about President Obama’s campaign promise to the LGBT community that he would take executive action to combat workplace discrimination at federal contractors,” Almeida told the Blade. “We’ll keep pushing until these workplace protections become a reality. It’s long past time to sign.”

It’s not the first time in recent memory the White House referred to the order as hypothetical. Just last week, he referred to the order as “hypothetical” in response to questioning from the Blade that ended testily.

After the conclusion of the briefing on Thursday, the Washington Blade shouted out to Carney: If the executive order were under consideration would you say so publicly? The White House spokesperson gave no response.

Evidence exists the White House is internally engaged in a process that would likely lead to President Obama signing the executive order. The Washington Blade has identified six hints the order is forthcoming despite the lack of updates in the White House briefing room.

1. Podesta’s comments the executive order is ‘under consideration’

The stongest evidence is Podesta — a known proponent of U.S. presidents taking executive action from his previous work heading the Center for American Progress  — unequivocally saying just last week the LGBT executive order is “under consideration” when asked about it by Bloomberg News.

“Well, what he said in the State of the Union was he was going to require federal contractors to pay a minimum wage of $10.10,” Podesta said. “The order that you’re talking about is under consideration at the White House. We’re looking at that.”

Asked by Bloomberg what Obama is likely to do, Podesta said, “Well, you know, I’m not going to prejudge that.” Podesta said there’s no good case for workplace discrimination.

2. DNC Treasurer e-mail saying ‘process’ holding up directive

Along those lines is an e-mail from Andy Tobias, treasurer of the Democratic National Committee, to LGBT donors on an off-the-record listserv indicating everyone in the administration is in favor of the executive order and the only thing holding it up is a “process.” The email, dated May 30, 2013, was leaked to the Washington Blade last year.

“I have spoken to people in an attempt to understand better myself what the delay is — and to lobby for its getting done,” Tobias wrote. “Those people have left me satisfied that our frustration is heard, that the hold-up is not staffers who oppose our rights but a process that is broader than just this one very important and long delayed agenda item.”

Tobias, who’s gay, indicates later in the email he’s convinced the order will happen at some point, noting other LGBT achievements and saying, “But they got done and this will get done too.“

3. White House continues to ‘study’ issue

In April 2012, when Senior Adviser to the President Valerie Jarrett met with LGBT advocates and told them the executive order wouldn’t happen at this time, one media report suggested forward movement was still happening.

ThinkProgress published a piece quoting Winnie Stachelberg, vice president of external relations at the Center for American Progress, saying instead of issuing the order the White House Council of Economic Advisers “will launch a study to better understand workplace discrimination.”

When asked about that quote by the Washington Blade close to the one-year anniversary of that meeting, White House spokesperson Shin Inouye said, “We continue to study the issue.” Sources familiar with the meeting said Jarrett didn’t say CEA would conduct the study, but noted there are multiple approaches and gave CEA as an example.

The White House has since declined to give more detail on the nature of the study — such as its purpose or whether it’s being done as a formal commission or an informal examination — nor say when it’ll be complete.

4. Obama’s 2008 campaign promise

LGBT advocates — including at Freedom to Work and the Human Rights Campaign — continue to say President Obama promised to sign the executive order when competing against Hillary Clinton for the Democratic nomination for president.

Their evidence it’s a campaign promise: an apparent 2008 questionnaire from the GLBT Houston Political Caucus that emerged in 2012 during Obama’s re-election campaign. Although it says nothing explicit about an executive order, Obama was asked if he supports a formal written policy against LGBT discrimination for federal contractors. The response was simply “yes.”

The White House has dodged when asked to comment on whether the president believes the order is a campaign promise. Noel Freeman, current president of the caucus, told the Blade he’s unable to verify the authenticity of the questionnaire.

5. Labor, Justice departments OK exec order: sources

Back when the idea of an executive order was gaining ground prior to the 2012 election, sources close to the administration told the Blade the Labor and Justice departments had green-lighted the directive, saying it could be implemented if the president signed it.

U.S. Attorney General Eric Holder is slated to give the keynote address at the Human Rights Campaign’s gala in New York City on Saturday. The content of his speech is thus far under wraps, but given the Justice Department’s work on this issue, it’s not outside the realm of possibility that he’ll make an announcement regarding the executive order.

6. Obama saying he’ll use his pen if Congress fails to act

The last piece of evidence suggesting an order may be forthcoming: President Onama’s declaration during the State of the Union address that he’ll take executive action if Congress refuses to act on his agenda.

“America does not stand still — and neither will I,” Obama said. “So wherever and whenever I can take steps without legislation to expand opportunity for more American families, that’s what I’m going to do.”

Obama has already acted on this threat by pledging to sign an executive order requiring federal contractors to pay employees a minimum wage of $10.10 an hour.

Given the media attention on the LGBT executive order, it stands to reason that issuing the order if Congress doesn’t move forward with ENDA has crossed Obama’s mind.

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District of Columbia

How new barriers to health care coverage are hitting D.C.

Federally qualified health centers bracing for influx of newly uninsured patients

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Erin Loubier, vice president for access and strategic initiatives at Whitman-Walker Health. (Courtesy photo)

Washington, D.C. has the second-lowest rate of people who lack health insurance in the country, but many residents are facing new barriers to health care due to provisions of the sweeping federal law passed in July, which threatens access for thousands. 

Changes to insurance eligibility and the rising cost of premiums, which kicked in for some in October and others more recently, are expected to leave many more patients uninsured or unable to afford medical care. Federally qualified health centers, including D.C.’s Whitman-Walker Health, where 10 to 12 percent of patients are uninsured, are bracing for an influx of newly uninsured patients while facing their own financial challenges. 

Even in D.C., where uninsured rates have been among the lowest in the country, changes brought on by the passage of the Republican mega bill (known as the “Big Beautiful Bill”) will have major effects. 

The changes from the bill affect Medicaid, which is free to low-income patients, and subsidies for insurance that people buy on the health insurance exchanges that were started under the Affordable Care Act, which were allowed to expire on Dec. 31. 

Erin Loubier, vice president for access and strategic initiatives at Whitman-Walker Health, says some Whitman-Walker Health patients have received notices about premium increases, including several who say the increases are up to 1,000 percent more than they were paying. 

“That is like paying rent,” she says. “We live in an expensive city, so any increases are going to be really, really hard on people.”

Whitman-Walker Health and other healthcare providers are expecting the changes to have multiple effects — some patients may not be able to afford coverage or may avoid going to the doctor and allow health conditions to worsen because they can’t afford care, and many more will be seeking care who don’t have insurance. 

“I’m worried that we’re going to not just have people who can’t get care, but that they delay care until they’re really sick, and then the care is not as effective because they might have waited too long, and then we may have a less healthy population,” Loubier says.

Loubier says delaying care, and serving more people without insurance has major implications for Whitman-Walker Health and other health centers serving the community.

“There’s going to be a lot of pressure on us to try to find and raise more money, and that’s going to be harder, because I think all organizations who provide health care are going to be facing this,” she says. 

The U.S. health care system is the most expensive in the world, and has much higher out-of-pocket costs for individuals. But in other countries like the United Kingdom, Australia, Canada, and many others, health care is much less expensive — or even free.

Even though the U.S. has a high-priced healthcare system, critics say there are still ways to bring down costs by forcing insurance and pharmaceutical companies to absorb more of the costs, rather than transferring the costs to patients.

“In the U.S., they end up trying to cut costs at the person’s level, not at the level of the different corporations or structures that are making a lot of money in healthcare,” said Loubier. “Our system is so complicated and there is probably waste in it, but I don’t think that that cost and waste is at the ‘people’ level. I think it’s higher up at the system level, but that is much, much harder to get people to try to make cuts at that end.”

Ultimately at Whitman-Walker Health, healthcare providers and insurance navigators are planning to help with everyday necessities when it comes to healthcare coverage and striving to provide healthcare in partnership with patients, said Loubier.

“The key here is we’re going to have a lot of people who may lose insurance, and they’re going to rely on places like Whitman-Walker Health and other community health centers, so we have to figure out how we keep providing that care,” she said. 

(This article was written by a student in the journalism program at Bard High School Early College DC. This work is part of a partnership between the Washington Blade Foundation and Youthcast Media Group, funded through the FY26 Community Development Grant from the Office of D.C. Mayor Muriel Bowser.)

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Kenya

Kenyan advocacy groups launch LGBTQ voter mobilization campaign

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Kenyan flag (Photo by rarrarorro/Bigstock)

As Kenya prepares for next year’s August general election, local queer rights groups have joined Gen Zers in also mobilizing their members to register as voters. 

The groups’ drive began ahead of the electoral commission’s official launch of a one-month nationwide mass voter registration on March 30, targeting 6.5 million new voters to bring the total to more than 28 million. 

The groups — led by the Initiative for Equality and Non-Discrimination (INEND) and Galck+ — note that politics is not optional, but rather it is “our responsibility” to use the ballot to put an end to bad leadership and discriminatory laws against them. 

“Voting is one of the most powerful ways we exercise our autonomy and remind the State that our human rights are not ‘Western imports’; our struggles for housing, employment, safety, and dignity are fundamentally Kenyan issues,” INEND states. 

It reminds queer individuals that the nation entrusts them with an identity card at age 18 as a recognition of their ability to make decisions, follow laws, and take responsibility for the country’s future. 

INEND also notes that despite this honor, LGBTQ people get kicked out of their homes due to homophobia, are discriminated against at work, and face violence in public places due to the punitive laws that the same State legislates. 

“As queer Kenyans, our vote matters,” INEND states. “Our voice belongs in the democratic and governance conversations, and true democracy includes everyone.”

Some voter mobilization initiatives the queer lobby groups have been using include ‘Queering the Ballot’ Podcasts on civic participation, dubbed ‘Your Vote is Your Future’. The topics explored include how laws shape their lives, the relationship between lived experiences of common citizens, discrimination fatigue, distrust in government systems, and voter apathy. 

The groups through the mobilization drive hope to create a queer voting bloc to actively participate in restructuring and reconstructing the existing governance system they argue has been a problem for them. They maintain the queer community navigates a system that was not built for them from its questioning of their right to exist, yet the Kenyan Constitution clearly states that no citizen should be discriminated against based on sexual orientation or gender identity.   

The Court of Appeal next month will hear a case challenging the constitutionality of provisions in Kenya’s Penal Code that criminalize consensual same-sex relationships among adults. The appeals court postponed the case after adjourning on Feb. 4, its first substantive hearing since the High Court judgement in 2019. 

“Change requires more than pointing fingers. It requires reflection, action, and showing up, especially at the ballot box as LGBTQ Kenyan citizens and declaring that this is our country, our business, and we can no longer watch from the sidelines,” INEND states. 

The group notes that they want a governance system that embraces queer people as they go about their daily lives without any form of homophobic discrimination, harassment, or arrests. Queer people are therefore urged to pick the right leaders who listen to them in Kenya’s six elective positions, from the president down to the local government representatives, as their decisions while in power affect them. 

“It is very irresponsible for any human being, even around the world, to assume that they don’t have political responsibility. It is easy and sounds fancy to say ‘I don’t like politics,’ but it does not make one good as it makes one abandon their political responsibility as a citizen,” INEND states.

The groups are also concerned with the existing homophobia among Kenyans, especially whenever they join them in street protests against the government’s punitive measures or advocating for change. However, they maintain that the LGBTQ community won’t be left behind despite being marginalized in society, yet they are the most affected group when the government raids people’s pockets for taxes.      

“Now we are moving from the margins to the centre of this political conversation early enough to ensure that our community sees the sense because if we live in a country that doesn’t work, we will be the most affected,” INEND states. 

INEND, with the National Gay and Lesbian Human Rights Commission and Galck+, last November launched the second Queering the Ballot Campaign and the 2024 Situation Report on queer participation in Kenya’s democracy. 

The report surveyed 14 of the country’s 47 local governments, whose key findings affirm that queer Kenyans are not outsiders to democracy but its heartbeat.   

“The title ‘Our Vote, Our Future: LGBTQ+ Inclusion in Democratic and Governance Processes’ in Kenya is an ode to the spirit of the queer movement in Kenya; unshaken in the face of adversity, determined in its pursuit of justice, and unrelenting in demand to be seen, heard and counted in democratic and political processes,” reads the report forwarded by former Chief Justice Willy Mutunga.         

The report calls on Parliament, the Independent Electoral and Boundaries Commission, the County Assemblies, and every Kenyan to make inclusion not symbolic but systemic. 

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District of Columbia

Mayor Bowser signs bill requiring insurers to cover PrEP

‘This is a win in the fight against HIV/AIDS’

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D.C. Mayor Muriel Bowser (Washington Blade file photo by Michael Key)

D.C. Mayor Muriel Bowser on March 20 signed a bill approved by the D.C. Council that requires health insurance companies to cover the costs of HIV prevention or PrEP drugs for D.C. residents at risk for HIV infection.

Like all legislation approved by the Council and signed by the mayor, the bill, called the PrEP D.C. Amendment Act, was sent to Capitol Hill for a required 30-day congressional review period before it takes effect as D.C. law.

Gay D.C. Council member Zachary Parker (D-Ward 5) last year introduced the bill.

Insurance coverage for PrEP drugs has been provided through coverage standards included in the Affordable Care Act, known as Obamacare. But AIDS advocacy organizations have called on states and D.C. to pass their own legislation requiring insurance coverage of PrEP as a safeguard in case federal policies are weakened or removed by the Trump administration, which has already reduced federal funding for HIV/AIDS-related programs.

Like legislation passed by other states, the PrEP D.C. Amendment Act requires insurers to cover all PrEP drugs approved by the U.S. Food and Drug Administration.

Studies have shown that PrEP drugs, which can be taken as pills or by injection just twice a year, are highly effective in preventing HIV infection.

“I think this is a win for our community,” Parker said after the D.C. Council voted unanimously to approve the bill on its first vote on the measure in February. “And this is a win in the fight against HIV/AIDS.”  

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