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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

Brian Footer suspends campaign for Ward 1 D.C. Council seat

Race’s third LGBTQ candidate cites family reasons for ‘stepping back’

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Brian Footer (Photo courtesy of Brian Footer)

Gay Advisory Neighborhood Commissioner Brian Footer, who was one of three out LGBTQ candidates running for the open Ward 1 D.C. Council seat in the city’s June 16, 2026, Democratic primary, announced on Dec. 17 he has decided to “suspend” his campaign to focus on his family.

“After deep reflection and honest conversations with my family, I have decided to suspend my campaign for the D.C. Council,” he said in a statement. “This moment in my life requires me to be present with the people I love most and honor the responsibilities I carry both at home and in the community,” he states. “This was not an easy decision, but it is the right one for me and my family at this time.”

Footer, a longtime Ward 1 community activist and LGBTQ rights advocate, announced his candidacy for the Ward 1 Council seat in July, one month before bisexual Ward 1 community activist Aparna Raj announced her candidacy for the Council seat on Aug. 12.

Gay Ward 1 Advisory Neighborhood Commissioner Miguel Trindade Deramo announced his candidacy for the Ward 1 Council seat on Nov. 18, becoming the third out LGBTQ candidate in what appeared to be an unprecedented development for a race for a single D.C. Council seat.

At least three other candidates who are not LGBTQ are running for the Ward 1 Council seat. They include Ward 1 ANC member Rashida Brown, longtime Ward 1 community activist Terry Lynch, and Jackie Reyes-Yanes, the former director of the Mayor’s Office of Community Affairs.

In his statement announcing the suspension of his candidacy, Footer said he would continue to be involved in community affairs and advocate for the issues he discussed during his campaign.

“I want to be clear: I am stepping back from the race, not the work,” he says in his statement. “Public service has always been my calling. I will continue advocating for affordability, for safer streets, for stability for small businesses, and for a government that responds to people with urgency and respect,” he wrote. “And I will continue showing up as a partner in the work of building a stronger Ward 1.”

Footer concluded by thanking and praising his campaign supporters and calling his campaign suspension a “transition,” suggesting he is not likely to resume his candidacy.

His campaign press spokesperson did not immediately respond to a question from the Washington Blade asking if Footer might later resume his campaign or if his latest action was in effect an end to his candidacy.

“To everyone who knocked on doors, hosted conversations, donated, shared encouragement, and believed in this campaign, thank you,” he says in his statement. “I am deeply grateful for every person who helped this campaign take root,” he added. “This isn’t an ending, it’s a transition. And I’m excited for the work ahead, both in Ward 1 and at home with my family.”

Longtime gay D.C. Democratic Party activist Peter Rosenstein said in a statement to the Blade, “I respect Brian Footer’s decision to end his campaign for Council. It is not easy to run a campaign in D.C. and there are many others running in Ward 1.” He added, “While not living in Ward 1, I thank Brian for all he has done and clearly will continue to do for the people in the ward.”  

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LGBTQ Democrats say they’re ready to fight to win in 2026

DNC winter meetings took place last weekend in Los Angeles

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Then-Vice President Kamala Harris speaks at the 2024 Democratic National Convention in Chicago on Aug. 22, 2024. The former vice president spoke at the Democratic National Committee's annual winter meetings in Los Angeles. (Washington Blade photo by Michael Key)

The Democratic National Committee held its annual winter meetings in Downtown Los Angeles over the weekend, and queer Democrats showed up with a clear message for the national organization: don’t abandon queer and transgender people.

Following last year’s disastrous presidential and congressional elections, many influential pundits and some powerful lawmakers called on Democrats to distance the party from unpopular positions on trans rights, in order to win swing districts by wooing more conservative voters.

But members of the DNC’s LGBTQ Caucus say that’s actually a losing strategy.

“There are still parts of our party saying we need to abandon trans people in order to win elections, which is just not provable, actually. It’s just some feelings from some old consultants in DC,” LGBTQ Caucus Chair Sean Meloy says.

Some national Democrats are already backtracking from suggestions that they walk back on trans rights. 

California Gov. Gavin Newsom grabbed national attention in March when he suggested that it was “deeply unfair” for trans girls to play in women’s sports. But last week, he doubled down on support for trans rights, claiming to have signed more trans-rights legislation than any governor in the country, and entering into feuds on X with Elon Musk and Nicki Minaj over his support for trans kids.

Democrats are also clearly feeling the wind in their sails recently after major election victories in Virginia and New Jersey last month, as well as victories in dozens of local and state legislative elections across the country in 2025. 

“[Abigail] Spanberger in Virginia didn’t win by dodging the trans question. She won by attacking it, confronting it, and that’s how she got ahead,” says Vivian Smotherman, a trans activist and at-large member of the DNC’s LGBTQ Caucus.

“Trans people are not a problem. We are a resource,” Smotherman says. “For my community, surviving into adulthood is not a guarantee, it’s an accomplishment. You don’t walk through a survival gauntlet without learning things … I’m not begging the DNC to protect my community. I’m here to remind you that we are the warriors tempered by fire, and we are fully capable of helping this party win.”

At its own meeting on Friday, the LGBTQ Caucus announced several new initiatives to ensure that queer and trans issues stay top of mind for the DNC as it gears up for the midterm elections next year.

One plan is to formalize the DNC’s Trans Advisory Board as distinct from the LGBTQ Caucus, to help introduce candidates across the country to trans people and trans issues.

“One in three people in this country know a trans person. Two-thirds of Americans don’t think they do,” Smotherman says. “So the real problem is not being trans, it’s that you don’t know us. You cannot authentically support a trans person if you’ve never met one. 

“That’s why my first goal with this Trans Advisory Board is to host a monthly Meet a Trans Person webinar. Not as a spectacle, as a debate, but as a human connection, and I will be charging every state chair with asking every one of their candidates up and down the board if they know a trans person. And if that person doesn’t know a trans person, I’m gonna have that state chair put them on that webinar.”

The LGBTQ caucus is also opening up associate membership to allies who do not identify as LGBTQ, in order to broaden support and connections over queer issues.

It’s also preparing for the inevitable attacks Republicans will throw at queer candidates and supporters of LGBTQ issues. 

“These attacks are going to come. You have to budget money proactively. You have to be ready to fight,” Meloy says. “There are some local party chairs who don’t want to recruit LGBTQ candidates to run because these issues might come up, right? That’s an absolutely ludicrous statement, but there are still people who need support in how to be ready and how to respond to these things that inevitably come.” 

“The oldest joke is that Democrats don’t have a spine. And when they come after us, and we do not reply, we play right into that.” 

Meloy also alluded to anti-LGBTQ tropes that queer people are out to harm children, and said that Democrats should be prepared to make the case that it’s actually Republicans who are protecting child abusers – for example, by suppressing the Epstein files.

“They are weak on this issue. Take the fight, empower your parties to say, ‘These people have nothing to stand on,’” Meloy says.

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LGBTQ, LGBTQ-friendly congregations to hold holiday services

Bet Mishpachah’s Hanukkah service to take place on Friday

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(Washington Blade photo by Michael K. Lavers)

LGBTQ and LGBTQ-friendly congregations in D.C. will hold services and other events throughout the holiday season.

Bet Mishpachah on Friday will hold its Sparks in the Dark Happy Hour at Spark Social on 14th Street from 5:30-7:30 p.m. It’s Chanuka Shabbat Service will begin at the Edlavitch DC Jewish Community Center (1529 16th St., N.W.) at 8 p.m.

Hanukkah began on Sunday and will end on Dec. 22.

Two gunmen on Sunday killed 15 people and injured more than two dozen others when they opened fire at a Hanukkah celebration on Sydney’s Bondi Beach.

Jake Singer-Beilin, Bet Mishpachah’s chief rabbi, in a Facebook post mourned the victims.

“We grieve for the victims and send heartfelt prayers of healing for those who were wounded,” he wrote.

“This Chanuka, our lights will shine brightly in the darkness, but our hearts will be heavy with mourning for those who were murdered on Bondi Beach while observing what should have been a joyous day,” added Singer-Beilin. “We will still celebrate our Festival of Lights and we will commit ourselves to illuminating and repairing our broken world. Let us channel the bravery of the Maccabees who found hope where there seemed to be none, and who fought to create a better future. We must do the same.”

LGBTQ Catholic group to hold annual Christmas Day Mass

Dignity Washington’s Christmas Day Mass will take place at St. Margaret’s Episcopal Church (1820 Connecticut Ave., N.W.) on Dec. 25 from 6-7 p.m. Parishioners can attend in person or watch it online via Facebook.

The Metropolitan Community Church of Washington D.C.’s Christmas Eve service will take place at the church (474 Ridge St., N.W., on Dec. 24 at 6 p.m.

St. Thomas Episcopal Church (1517 18th St., N.W.) in Dupont Circle will hold its Christmas Eve Festival Eucharist from 5-6 p.m. A Christmas Eve dinner will take place in the Parish Hall from 6-8:30 p.m. The church’s Christmas Eve Festival Eucharist will occur on Dec. 25 from 10-11 a.m.

Washington National Cathedral throughout the holiday season has a number of services and events scheduled. These include the virtual Gospel Christmas Service on Dec. 21 from 6-7:30 p.m., the Family Christmas Service on Dec. 23 from 11 a.m. to noon, the Christmas Eve Festival Holy Eucharist on Dec. 24 from 10-11:45 p.m., and the Christmas Day Festival Holy Eucharist on Dec. 25 from 11:15 a.m. to 12:45 p.m.

The Foundry United Methodist Church (1500 16th St., N.W.) in Dupont Circle will hold its Christmas Eve Family Service on Dec. 24 at 4:30 p.m. Its Carols and Candlelight Service will take place at 8 p.m.

Smithsonian Anacostia Community Museum to celebrate Kwanzaa

The Smithsonian Anacostia Community Museum (1901 Fort Place S.E.) in Anacostia will mark the first day of Kwanzaa on Dec. 26 with storytelling and drumming with Mama Ayo and Baba Ras D from noon to 2 p.m. The museum will hold a series of other events through the 6-day celebration of African American culture that ends on Jan. 1.

The Creative Suitland Arts Center (4719 Silver Hill Road) in Suitland, Md., on Friday will hold their Almost Kwanzaa: A Creative Kind of Holiday event from 6-8:30 p.m.

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