News
6 hints that ENDA exec order may be coming
Despite White House comments, evidence exists directive under consideration
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.
Minnesota
Flanagan beats Craig in Minn. Senate primary after winning key LGBTQ endorsements
The race highlights a growing ideological shift within the Democratic Party, as Democrats increasingly seek a more robust pushback against Trump.
Lt. Gov. Peggy Flanagan won the Democratic primary for the Senate in Minnesota, as progressive Democrats continue to clinch nominations across the country.
On Tuesday night, NBC News called the race for Flanagan, who received 59.0% of the state’s Democratic primary vote, while her opponent, Rep. Angie Craig, received 39.4%. Flanagan ran against Craig for retiring Sen. Tina Smith’s seat.
Smith, along with Sens. Bernie Sanders, I-Vt., and Elizabeth Warren, D-Mass., endorsed Flanagan, while House Minority Leader Hakeem Jeffries, D-N.Y., and former House Speaker Nancy Pelosi, D-Calif., backed Craig.
Flanagan also received the endorsement of the Christopher Street Project, a transgender rights organization that has been at the center of efforts to counter the Republican Party’s push against transgender rights. The group chose Flanagan over Craig in part because Craig has not co-sponsored the Trans Bill of Rights, legislation that has been introduced multiple times in Congress and seeks to establish federal protections for transgender Americans.
The endorsement underscored a key difference between the two Democrats on LGBTQ issues. While Craig is the first openly lesbian mother in Congress, the Christopher Street Project said LGBTQ identity alone is not enough without a strong commitment to transgender rights as they are increasingly debated in legislative offices around the country.
In 2022, the Human Rights Campaign, the largest LGBTQ advocacy organization in the U.S., endorsed Flanagan’s re-election campaign for lieutenant governor alongside Tim Walz, calling the duo “Champions of Equality.”
Flanagan called the race an expensive fight of the “many versus the money,” Flanagan told NBC News’ “Meet the Press Now.” Craig and her allies combined to spend nearly $20 million on the airwaves, while Flanagan and her allies spent $4.7 million, according to AdImpact and NBC.
“I’m running to make sure that people can afford the lives they want to live,” Flanagan said. “I want to get big money out of our politics, and I want to fight for things like ‘Medicare for All’ so that people aren’t just paying for health insurance but actually have access to health care.”
Flanagan criticized Craig, who is in her fourth term, for not standing up enough to President Donald Trump’s administration, a characterization Craig disputed. Craig flipped a competitive House seat in the Twin Cities metro area and had argued that she was the best candidate to win in November.
Craig faced criticism for voting for the Laken Riley Act, an immigration detention measure that Trump signed into law shortly after he started his second term in January 2025. Craig said she later regretted that vote.
Flanagan has been vocal about her stance on abolishing U.S. Immigration and Customs Enforcement. In a recent Minnesota Public Radio debate she said that ICE “has to be ripped apart.” Flanagan said she does support immigration enforcement to ensure secure borders.
Immigration and ICE debates are especially pertinent in the Twin Cities, as ICE agents fatally shot two U.S. citizens, Renee Good and Alex Pretti, in Minneapolis during an enforcement crackdown at the behest of President Trump.
Despite the contested race, Craig made it clear that Democrats are committed to unifying.
“We have an existential crisis in our nation with Trump and Republicans, and so I would be right by the lieutenant governor’s side asking my supporters to support her,” Craig said. “The most important thing in this election is that we beat Republicans. That’s what matters.”
On the Republican side, former NFL sideline reporter Michele Tafoya won the Senate primary. Considered an outsider to the Republican Party structure, she did not win the state GOP’s endorsement at the May convention, where delegates instead backed retired Navy SEAL Adam Schwarze.
She has run her campaign on a slew of issues Republicans have deemed worthy — including transgender sports participation, corruption, and minimizing illegal immigrants in the area.
This recent pattern of moderate and centrist Democrats raising huge funds — in many instances backed by major PACs — only to lose to more progressive and less experienced candidates is growing as more people grow disillusioned with the Democratic Party’s inability to push back against Trump and Republicans. A similar outcome happened in Michigan’s Democratic primary last week when progressive physician Abdul El-Sayed won over incumbent U.S. Rep. Haley Stevens (D-Mich.).
Democratic Gov. Tim Walz, who decided not to run for re-election, stayed neutral in the Senate primary but his wife, Gwen, backed Craig over Flanagan, the governor’s ticketmate.
The Senate seat will be determined in the election on Tuesday, November 3, later this year.
District of Columbia
Gay ANC commissioner sues D.C. over police ‘failure’ to pay reward money
Lawsuit says information led to conviction in murder, armed robbery cases
Gay D.C. Advisory Neighborhood Commissioner Tom Donohue on Aug. 11 filed a lawsuit in D.C. Superior Court charging that D.C. police acted improperly and violated a local law by not paying him $30,000 in reward money for his role in helping police identify and arrest — and obtain the subsequent conviction — of one man charged with murder and another man charged with armed robbery in separate cases.
Although the lawsuit alleges improper action by D.C. police in carrying out the city’s Crime Solvers reward program, it names as defendants the District of Columbia and the Office of the Attorney General for D.C., which, among other things, defends the city against lawsuits.
Donohue, who is a member of the city’s ANC Rainbow Caucus consisting of LGBTQ elected ANC members, held a news conference outside the D.C. Superior Court building on Aug. 11 to talk about the lawsuit before entering the courthouse to officially file it.
The lawsuit states that Donohue “provided key video evidence that led to the arrest and conviction” of a man initially charged with first degree murder for allegedly running over a bicyclist with his car after the two got into an argument.
The lawsuit states that police had offered a $25,000 reward for information leading to the arrest and conviction of the defendant in that case, but police “arbitrarily slashed the payment to $5,000 without prior notice or policy justification.”
Court records show that D.C. resident Eric Beasley was charged with first degree murder for killing David Farewell, 45, by hitting him with his car on Sept. 4, 2020, on the 2100 block of Young Street, S.E. The records show the evidence for the case was based in large part on video camera footage of the incident obtained by police. Donohoe has said he provided that video camera evidence.
The records show that during Beasley’s October 2023 trial a jury was unable to reach the required unanimous verdict, and the judge declared a mistrial.
According to the records, Beasley later agreed to an offer by prosecutors to plead guilty to a lesser charge of involuntary manslaughter and was sentenced in September 2024 to eight years in prison, a development that angered the victim’s family members who called it a “slap on the wrist,” according to a Fox 5 News report.
Donohue’s lawsuit says the second case in which he provided police with pivotal information involved a series of armed robberies known as the Fairlawn Serial Armed Robbery Spree that occurred in the Fairlawn neighborhood in Southeast D.C. in 2023 near where Donohue lives.
The lawsuit says evidence consisting of video surveillance footage provided by Donohue to police enabled police to determine they initially wrongfully arrested an 18-year-old male for the robberies. “Using Plaintiff’s security video, MPD identified, arrested, and convicted the actual robber, David Crocker, who was sentenced to 18 years in federal prison,” the lawsuit states.
It says one of the detectives investigating the case recommended a $10,000 reward for Donohue’s help in the case based on the police Crime Solvers reward program. The detective’s recommendation was approved by then-Assistant D.C. Police Chief Kyle Ramey on Aug. 4, 2025, according to the lawsuit.
But it adds, “Nevertheless, MPD improperly withheld payment.”
When contacted by the Washington Blade for comment on Donohue’s lawsuit allegations, a D.C. police spokesperson said “MPD does not comment on pending or ongoing litigation.”
Gabriel Shoglow-Rubenstein, who serves as press secretary for the D.C. Office of the Attorney General, which will be defending the city against the Donohue lawsuit, said he would look into obtaining a possible comment but said the office has a similar longstanding policy of not commenting on pending litigation.
“This action arises from the District of Columbia Metropolitan Police Department’s arbitrary, bad-faith, and legally unsupportable failure to honor its public reward promises and administrative obligations to Plaintiff,” the lawsuit states.
It says the MPD violated the city’s Freedom of Information Act or FOIA law by not responding to Donohue’s request for information and documents related to the decision not to pay him the full reward money.
“MPD’s reduction of Plaintiff’s homicide reward from $25,000 to $5,000, and its withholding of his approved $10,00 robbery reward, were undertaken completely devoid of written standards, making such decisions inherently arbitrary, capricious, and an abuse of administrative discretion,” it says.
It calls for Donohue to be awarded $30,000 in compensatory damages consisting of the $20,000 “unpaid balance” for the homicide case reward and $10,000 for the robbery case reward. It also calls for reimbursement for “reasonable” litigation costs and attorney’s fees. Donohue told the Washington Blade that at this time he is representing himself without an attorney.
Donohue told the Blade that the refusal by D.C. police to pay him the full reward money also limited his plans to donate some of that money to the family of murder victim David Farewell to help pay for a burial stone. He said that due to the family’s limited resources Farewell is buried in an unmarked grave
Delaware
New LGBTQ visitor center slated for Wilmington, Del.
The Collective to feature gift shop, queer museum, more
During Pride month this year, the Delaware Sexuality and Gender Collective (DSGC) announced plans for The Collective, which will become Delaware’s first LGBTQIA+ visitor center and Wilmington’s first dedicated LGBTQIA+ space in nearly 40 years.
“We’ve been talking about the concept of a brick-and-mortar space for a long time,” said Noah Duckett, co-founder of DSGC.
A licensed clinical social worker, Duckett co-founded DSGC with his mother, Julissa Coriano, in 2018. DSGC is an independent nonprofit organization that provides vital clinical and educational support, social programming and direct-need support to the LGBTQIA+ community.
Some of the programs DSGC offers include a free clothing closet for the trans community, meal support for people recovering from gender-affirming surgery, connections to pro bono legal services, a biannual Pride Market featuring over 100 LGBTQIA+-owned small businesses, and more.
“Our vision for The Collective is a place where our community can come to learn, create, work and be inspired,” said Coriano.
The Collective will feature a visitor center and gift shop highlighting LGBTQIA+-owned businesses in Delaware.
“I think that this is something that’s going to benefit our community so much,” said Duckett.
Some of the LGBTQIA+-owned businesses that DSGC has already partnered with include Stress Induced Art Attack, Moonbeam Art Collaborative, Voce Coffee, Groovy Gemini Co., Scout Cafe, Macaron Social and Huxley and Hiro.
“Specifically in Wilmington, we haven’t had an LGBTQIA+-dedicated space in almost 40 years,” said Duckett.
The Griffin Community Center, which operated from 1986 to 1990, was Delaware’s first LGBTQ+ community center. The Griffin was founded by Ivo Dominguez Jr. and James C. Welch and provided a range of community services during the height of the HIV/AIDS crisis, including AIDS hotlines, organizational offices and meeting space. The center ultimately closed because of a lack of financial support.
Duckett said DSGC hopes The Collective will carry on The Griffin’s legacy while building a sustainable space for the LGBTQIA+ community.
“I think now more than ever, there’s more and more spaces closing their doors. More and more spaces are losing funding, seeing reduced funding and reduced access, especially LGBTQ+ organizations and communities,” said Duckett.
The Collective will also feature Delaware’s first LGBTQ+ history museum, curated by LGBTQ+ historian Carolanne Deal.
“We don’t have any permanent displays in the state about Delaware’s queer history, and we want people to be able to access that history any day of the year, not just during Pride Month,” said Deal.
With a master’s degree in art history for museum professionals, Deal has more than seven years of experience in curatorial work and hands-on collections care.
“It’s mainly going to be a graphic display with photographs, articles and accessible text that draws people in and creates a story for the community,” said Deal.
Although the museum will not initially have an object collection, Deal said she hopes to add physical archival pieces in the future.
“Delaware has been at the forefront of a lot of queer civil rights, and it’ll be really amazing to have that enshrined in a permanent display that’s not only up for Pride Month,” said Deal.
Duckett said DSGC is currently raising funds with the goal of beginning construction this summer and opening by the end of the year.
Duckett told the Blade that fundraising efforts have reached just under $29,000 and that the organization is awaiting several major donations from community partner organizations.
However, he said DSGC continues to be denied many grants tied to federal or state funding because of restrictions on those funds being used for LGBTQ+-serving organizations.
“Private and corporate donations are absolutely vital,” said Duckett.
Anyone interested in supporting the construction and renovation of The Collective can donate online or contact [email protected] for more information.ose funds being used for LGBTQ-serving organizations.
“Private and corporate donations are absolutely vital,” said Duckett.
Anyone interested in supporting the construction of The Collective can donate online or contact [email protected] for more information.
Flanagan beats Craig in Minn. Senate primary after winning key LGBTQ endorsements
Gay ANC commissioner sues D.C. over police ‘failure’ to pay reward money
New LGBTQ visitor center slated for Wilmington, Del.
Jason DePuy on coping with homophobia in ‘Big Brother’ house
