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Carney mum on executive orders against LGBT bias

Directives could provide protections in workplace and U.S. military

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White House Press Secretary Jay Carney (Blade photo by Michael Key)

White House Press Secretary Jay Carney was mum on Monday when asked whether President Obama would be open to issuing executive orders that would provide non-discrimination protections for LGBT people in the workplace and U.S. armed forces.

Under questioning from the Washington Blade, Carney said he wouldn’t venture out to say if Obama would be open to issuing a directive barring the federal government from contracting with companies that don’t have non-discrimination protections based on sexual orientation and gender identity. Such an order would offer similar protections that have been proposed under the Employment Non-Discrimination Act.

“I donā€™t want to speculate about what action he may or may not take,” Carney said. “His position is known. And again, he does not shy away from obstacles when he approaches an issue thatā€™s important to him. But I donā€™t have a — Iā€™m not going to speculate about what measure he might take.”

Passage of ENDA with protections based on both sexual orientation and gender identity was among Obama’s promises in the 2008 presidential campaign. However, the legislation failed to move during the 111th Congress, and Republican control of the House makes ENDA passage unlikely for at least two years.

An executive orderĀ has been seen as an interim alternative to ENDA passage, although the directive would have more limited protections because it would only directly impact employers that contract with the U.S. government. Last week in an interview with the Blade, gay Rep. Jared Polis (D-Colo.)Ā endorsed the order and said it would “show a lot of courage on behalf of the administration and demonstrate that theyā€™re committed to moving to a discrimination-free workplace environment.ā€

Similarly, Carney had few words when asked whether Obama would be open to an executive order that would ensure LGBT service members have legal recourse if, after repeal of “Don’t Ask, Don’t Tell,” they feel they’ve experienced discrimination in the U.S. military.

“Again, I donā€™t have — I donā€™t want to say what he may or may not be open to,” Carney said. “What I do know is that repeal is going along on schedule and successfully, and he is very closely monitoring that. And — but more than that I do not have.”

The repeal legislation that Obama signed in December would lift “Don’t Ask, Don’t Tell” from the federal code, but puts nothing in its place that would ensure gay service members have protections against discrimination.

Gay rights supportersĀ have been calling on President Obama to issue an executive order that would provide explicit protections for gay service members who feel theyā€™ve experienced discrimination in the armed forces.Ā The White House hasnā€™t explicitly endorsed or rejected the idea, but has noted Pentagon policy guidance stating that harassment or abuse based on sexual orientation would be unacceptable in the military.

Servicemembers Legal Defense Network has called on Obama to issue an executive order with protections both on the basis of sexual orientation and gender identity. Troops who disclose they are transgender are separated from the military as a medical discharge under military regulation.

Pressed on whether any impediment — legal, political or otherwise — is blocking the president from issuing either order, Carney declined to identify anything that’s preventing the president from taking these actions.

“Those kinds of questions about legal impediments are best addressed to lawyers, and I am not one,” Carney said.

A partial transcript of the exchange between the Blade and Carney follows:

Washington Blade: Jay, three questions. One of the president’s goals has been passage of the Employment Non-Discrimination Act, which bar job discrimination against gay and transgender Americans. That’s going to be a challenge with Republicans in control of the House.

One idea that’s being proposed as an interim alternative is an executive order that would bar the federal government from doing business with companies that don’t have their workplace protections based on sexual orientation and gender identity. Would the president be open to issuing this executive order?

Jay Carney: Well, I donā€™t want to speculate about what action he may or may not take. His position is known. And again, he does not shy away from obstacles when he approaches an issue thatā€™s important to him. But I donā€™t have a — Iā€™m not going to speculate about what measure he might take.

Blade: In a similar vein, as we move forward with “Don’t Ask, Don’t Tell” repeal, is the president open to issuing an executive order to ensure that LGBT service members have legal recourse if they feel they’ve experienced discrimination in the U.S. military?

Carney: Again, I donā€™t have — I donā€™t want to say what he may or may not be open to. What I do know is that repeal is going along on schedule and successfully, and he is very closely monitoring that. And — but more than that I do not have.

Blade: But do you see any impediment — legal, political or otherwise — that would prevent the president from issuing either of these executive orders?

Carney: Those kinds of questions about legal impediments are best addressed to lawyers, and I am not one.

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U.S. Federal Courts

Appeals court hears case challenging Florida’s trans healthcare ban

District court judge concluded the law was discriminatory, unconstitutional

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NCLR Legal Director Shannon Minter (Washington Blade photo by Michael Key)

Parties in Doe v. Ladapo, a case challenging Florida’s ban on healthcare for transgender youth and restrictions on the medical interventions available to trans adults, presented oral arguments on Wednesday before the U.S. Court of Appeals for the 11th Circuit in Atlanta.

The case was appealed by defendants representing the Sunshine State following a decision in June 2024 by Judge Robert Hinkle of the U.S. District Court for the Northern District of Florida, who found “the law and rules unconstitutional and unenforceable on equal protection grounds,” according to a press release from the National Center for Lesbian Rights, which is involved in the litigation on behalf of the plaintiffs.

The district court additionally found the Florida healthcare ban unconstitutional on the grounds that it was “motivated by purposeful discrimination against transgender people,” though the ban and restrictions will remain in effect pending a decision by the appellate court.

Joining NCLR in the lawsuit are attorneys from GLAD Law, the Human Rights Campaign, Southern Legal Counsel, and the law firms Lowenstein Sandler and Jenner and Block.

“As a mother who simply wants to protect and love my child for who she is, I pray that the Eleventh Circuit will affirm the district courtā€™s thoughtful and powerful order, restoring access to critical healthcare for all transgender Floridians,” plaintiff Jane Doe said. “No one should have to go through what my family has experienced.ā€

“As a transgender adult just trying to live my life and care for my family, it is so demeaning that the state of Florida thinks itā€™s their place to dictate my healthcare decisions,” said plaintiff Lucien Hamel.

“Members of the legislature have referred to the high quality healthcare I have received, which has allowed me to live authentically as myself, as ā€˜mutilationā€™ and ā€˜an abominationā€™ and have called the providers of this care ā€˜evil,ā€™” Hamel added. “We hope the appellate court sees these rules and laws for what truly are: cruel.ā€ 

ā€œTransgender adults donā€™t need state officials looking over their shoulders, and families of transgender youth donā€™t need the government dictating how to raise their children,ā€ said Shannon Minter, legal director of NCLR. ā€œThe district court heard the evidence and found that these restrictions are based on bias, not science. The court of appeals should affirm that judgment.ā€ 

Noting Hinkle’s conclusion that the ban and restrictions were “motivated by animus, not science or evidence,” Simone Chris, who leads Southern Legal Counsel’s Transgender Rights Initiative, said, ā€œThe state has loudly and proudly enacted bans on transgender people accessing healthcare, using bathrooms, transgender teachers using their pronouns and titles, and a slough of other actions making it nearly impossible for transgender individuals to live in this state.”

Lowenstein Sandler Partner Thomas Redburn said, ā€œThe defendants have offered nothing on appeal that could serve as a valid basis for overturning that finding” by the district court.

 ā€œNot only does this dangerous law take away parentsā€™ freedom to make responsible medical decisions for their child, it inserts the government into private health care matters that should be between adults and their providers,” said Jennifer Levi, senior director of transgender and queer rights at GLAD Law.

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State Department

LGBTQ rights abroad not discussed during Marco Rubio confirmation hearing

Senate expected to confirm Fla. Republican as next secretary of state

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U.S. Sen. Marco Rubio (R-Fla.) during his confirmation hearing to become the next secretary of state on Jan. 15, 2025. (Washington Blade photo by Michael Key)

U.S. Sen. Marco Rubio (R-Fla.) on Wednesday did not speak about LGBTQ rights abroad during his confirmation hearing to become the next secretary of state.

The Florida Republican in his opening statement to the Senate Foreign Affairs Committee noted President-elect Donald Trump “returns to office with an unmistakable mandate from the voters.”

“They want a strong America, a strong America engaged in the world, but guided by a clear objective to promote peace abroad and security and prosperity here at home,” said Rubio.

“The direction he has given for the conduct of our foreign policy is clear,” he added. “Every dollar we spend, every program we fund, and every policy we pursue must be justified with the answer to three simple questions: Does it make America safer? Does it make America stronger? Does it make America more prosperous?”

Trump nominated Rubio a week after Vice President Kamala Harris conceded she lost the presidential election.

Rubio in 2022Ā defendedĀ Florida’s ā€œDonā€™t Say Gayā€ law that Republican Gov. Ron DeSantis signed. The Florida Republican that year also voted against the Respect for Marriage Act that passed with bipartisan support.

LGBTQ rights a cornerstone of Biden-Harris administration’s foreign policy

President Joe Biden in February 2021Ā signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of his administrationā€™s overall foreign policy. A few months later he named Jessica Stern, the former executive director of Outright International, a global advocacy group, as special U.S. envoy for the promotion of LGBTQ and intersex rights abroad.

Ned Price, who was the State Departmentā€™s first openly gay spokesperson, during a May 2021 interview with the Washington Blade noted the decriminalization of consensual same-sex sexual relations was one of the administrationā€™s priorities in its efforts to promote LGBTQ rights abroad.

Trump during his first administration tapped then-U.S. Ambassador to Germany Richard Grenell, who has been tapped as special missions envoy, to lead an initiative that encouraged countries to decriminalize homosexuality. Activists with whom the Blade has previously spoken questioned whether this effort had any tangible results.

Stern in 2022 noted the Biden-Harris administration also supported marriage equality efforts in countries where activists said they were possible through legislation or the judicial process.

Brittney Griner in December 2022 returned to the U.S. after Russia released her in exchange for a convicted arms dealer. The lesbian WNBA star had been serving a nine-year prison sentence in a penal colony after a court earlier that year convicted her on the importation of illegal drugs after Russian customs officials found vape canisters containing cannabis oil in her luggage at Moscowā€™s Sheremetyevo Airport.

The State Department in 2022 began to issue passports with an ā€œXā€ gender marker.

The Biden-Harris administration in response to the signing of Ugandaā€™s Anti-Homosexuality Act sanctioned officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free the U.S. Harris during a 2023 press conference with then-Ghanaian President Nana Akufo-Addo in Accra, the Ghanaian capital, spoke about LGBTQ rights.

Chantale Wong, the U.S. director of the Asian Development Bank, in 2022 became the first openly lesbian woman ambassador. David Pressman, the outgoing U.S. ambassador to Hungary, and Scott Miller, the outgoing U.S. ambassador to Switzerland and Liechtenstein, are two of the other American ambassadors who Biden nominated that are gay.

Outgoing Secretary of State Antony Blinken in 2021 appointed former U.S. Ambassador to Malta Gina Abercrombie-Winstanley as the State Department’s first chief diversity and inclusion officer.

U.S. Sen. Jim Risch (R-Idaho), who chairs the Senate Foreign Affairs Committee, criticized the State Department’s DEI efforts during Rubio’s confirmation hearing.

“The Biden administration often undercut effective foreign policy by inserting ideological and political requirements into the fabric of personnel decisions and policy execution,” said Risch.

“Rather than making hires or promotions based on merit and effectiveness, the department created new diversity, equity, inclusion, and accessibility (DEIA) requirements that distracted from this mission, undermined morale, and created an unfair and opaque process for promotions and performance evaluations,” he added. “Fealty to progressive politics became the benchmark for success. As we look around the United States that view is diminishing very quickly amongst even large progressive cooperations.”

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National

Anti-LGBTQ Franklin Graham to give invocation at Trumpā€™s inauguration

Evangelical leader also delivered address in 2017

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Franklin Graham speaks at the 2024 Republican National Convention. (Washington Blade photo by Michael Key)

Anti-LGBTQ evangelist Franklin Graham will deliver the invocation for President-elect Donald Trumpā€™s inauguration on Monday, Jan. 20, according to a copy of the program that was circulated on X.

Graham, who serves as president and CEO of Samaritanā€™s Purse, the evangelical Christian humanitarian aid organization, and of the Billy Graham Evangelistic Association, which was named for his late father, offered the opening prayer for Trumpā€™s first inauguration in 2017.

As documented by GLAAD, the Asheville, N.C.,-based evangelist has attacked the LGBTQ community throughout his life and career.

He supported the draconian laws in Russia targeting ā€œpropaganda of nontraditional sexual relationsā€ that have been used to suppress media that presents ā€œLGBTQ identities and relationships in a positive or normalizing light.ā€

Praising Russian President Vladimir Putin for taking ā€œa stand to protect his nationā€™s children from the damaging effects of the gay and lesbian agenda,ā€ Graham also bemoaned that ā€œAmericaā€™s own morality has fallen so far that on this issue.ā€

Grahamā€™s anti-LGBTQ advocacy on matters of domestic policy in the U.S. has included opposing Pride events, which he compared to celebrations of ā€œlying, adultery, or murder,ā€ and curricula on LGBTQ history in public schools, telling a radio host in 2019 that educators have no right to ā€œteach our children something that is an affront to God.ā€

When his home state rolled back rules prohibiting gender diverse people from using public restrooms consistent with their identities, he tweeted that ā€œpeople of NC will be exposed to pedophiles and sexually perverted men in womenā€™s public restrooms.ā€

Graham has repeatedly smeared LGBTQ people as predatory and said the community seeks to ā€œrecruitā€ children into being gay, lesbian, or transgender.

He has also consistently opposed same-sex marriage, claiming that former President Barack Obama, by embracing marriage equality, had ā€œshaken his fist at the same God who created and defined marriage,ā€ adding, ā€œit grieves me that our president would now affirm same-sex marriage, though I believe it grieves God even more.ā€

Graham also supports the harmful and discredited practice of conversion therapy, which he likened to ā€œconversion to Christianity.ā€

When Transportation Secretary Pete Buttigieg announced his bid for the Democratic nomination for president in 2020, Graham tweeted that ā€œMayor Buttigieg says he’s a gay Christian. As a Christian I believe the Bible which defines homosexuality as sin, something to be repentant of, not something to be flaunted, praised or politicized. The Bible says marriage is between a man and a woman ā€” not two men, not two women.”Ā 

Graham embraced Trump well before he was taken seriously in Republican politics, telling ABC in 2011 that the New York real estate tycoon was his preferred candidate.

Particularly during the incoming presidentā€™s first campaign as the GOP nominee and during his first term, the evangelical leaderā€™s support was seen as strategically important to bringing conservative Christians into the fold despite their misgivings about Trump, who was better known as a philandering womanizer than a devout religious leader. 

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