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Reporters grill Carney over ENDA exec order

White House says Obama committed to legislative approach

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

White House Press Secretary Jay Carney maintained the Obama administration is committed to passage of the Employment Non-Discrimination Act as reporters pummeled him Thursday with sharp questions on the administration’s decision not to issue an executive order prohibiting anti-LGBT bias in the workplace.

The questioning, which was initiated by NBC News’Ā Kristen Welker, began with an inquiry on why Obama won’t issue an executive order barring federal contractors from discriminating against LGBT people

“The president is dedicated to securing equal rights for all LGBT Americans,” Carney said. “And that is why he has long supported an inclusive Employment Non-Discrimination Act which would prohibit employers across the country from discriminating on the basis of sexual orientation and gender identity. The president is committed to lasting and comprehensive non-discrimination protections, and we plan to pursue a number of strategies to attain that goal.”

Carney said that pursuing a legislative solution to the problem is similar to the approach that the White House took with repeal of “Don’t Ask, Don’t Tell.”

“And as it did then, our approach to this piece of legislation demonstrates the presidentā€™s very firm and strong commitment to non-discrimination and to securing equal rights for all Americans,” Carney said.

In a high-level White House meeting on Wednesday,Ā LGBT advocates were informedĀ the White House wouldnā€™t issue at this time an executive order against LGBT workplace discrimination. Multiple sources have said theĀ Labor and Justice Departments have cleared the measureĀ and it was awaiting action at the White House.

Carney said a political calculation was “absolutely not” involved in the administration’s decision not to issue the executive order.

“The president is committed to securing equal rights for LGBT Americans and that is why he has long supported ENDA,” Carney said. “I think the presidentā€™s record on LGBT issues speaks volumes about his commitment to securing equal rights for LGBT Americans. The approach weā€™re taking at this time is to try to build support for passage of this legislation, a comprehensive approach to legislate on the issue of non-discrimination.”

Asked by the Washington Blade whether the administration’s decision not to issue the order “at this time” opens the possibility for taking action at a later date, Carney demurred.

“We donā€™t talk about executive orders that may or may not be under consideration,” Carney said. “In this case, I can tell you that at this time we are not considering such an executive order. We are, however, actively working with stakeholders to build support for passage through Congress of a piece of legislation that would be far more comprehensive than an executive order.”

While Obama pursued legislation to repeal “Don’t Ask, Don’t Tell,” his administration twice limited the discharge authority to ease the burden on gay service members and make it more difficult to expel service members under the law.

When the Blade pointed this out during the briefing, Carney said the situations were different.

“It is a separate statement of action and fact,” Carney said. “We are not approaching this at this time through executive authority, through an executive order. We are, however — in another demonstration of the presidentā€™s firm commitment to securing equal rights for the LGBT community — aggressively pursuing passage of ENDA. And that requires working with stakeholders and building a body of persuasive evidence that this is the right thing to do. And that is what weā€™re committed to doing.”

A transcript of the exchange follows:

NBC News: Jay, the president has decided at this moment not to sign an executive order that would ban workplace discrimination by any federal contractor on the basis of sexual orientation. Based on the fact that the president has made past statements saying that he supports non-discrimination policies in the workplace, why not sign this executive order?

Jay Carney: Thank you for the question. The president is dedicated to securing equal rights for all LGBT Americans. And that is why he has long supported an inclusive Employment Non-Discrimination Act which would prohibit employers across the country from discriminating on the basis of sexual orientation and gender identity. The president is committed to lasting and comprehensive non-discrimination protections, and we plan to pursue a number of strategies to attain that goal. Our hope is these efforts will result in the passage of ENDA, the Employment Non-Discrimination Act, which is a legislative solution to LGBT employment discrimination.

And I would make the comparison here that pursuing that strategy, the passage of ENDA, is very similar to the approach the president took for the legislative repeal of ā€œDonā€™t Ask, Donā€™t Tell.ā€

NBC News: Can you make the distinction between ENDA and signing this executive order?Ā  In other words, if he does support ENDA, why not sign this executive order, which relates to a smaller part of the population and get that policy started?

Carney: Again, I think that the DADT repeal is instructive here in terms of the approach that weā€™re taking at this time. And while it is not our usual practice to discuss executive orders that may or may not be under consideration, we do not expect that an EO on LGBT non-discrimination for federal contractors will be issued at this time. We support, as I just said, legislation that has been introduced — the Employment Non-Discrimination Act — and we will continue to work with congressional supporters to build — sponsors, rather, to build support for it.

Weā€™re deeply committed to working hand-in-hand with partners in the LGBT community on a number of fronts to build the case for employment non-discrimination policies including by complementing the existing body of compelling research with government-backed data and analysis, building a coalition of key stakeholders and decision-makers, directly engaging with and educating all sectors of the business community — from major corporations to contractors to small business — and raising public awareness about the human and financial costs of discrimination in the work force.

NBC News: Tico Almeida, whoā€™s the president of Freedom to Work, has issued a statement saying, ā€œThis is a political calculation that cannot stand.ā€Ā  Is this a political calculation?

Carney: Absolutely not. The president is committed to securing equal rights for LGBT Americans and that is why he has long supported ENDA. I think the presidentā€™s record on LGBT issues speaks volumes about his commitment to securing equal rights for LGBT Americans.Ā  The approach weā€™re taking at this time is to try to build support for passage of this legislation, a comprehensive approach to legislate on the issue of non-discrimination.

And I think, again, the approach that we took in bringing about the repeal — working with Congress to bring about the repeal of ā€œDonā€™t Ask, Donā€™t Tellā€ is instructive here. And as it did then, our approach to this piece of legislation demonstrates the presidentā€™s very firm and strong commitment to non-discrimination and to securing equal rights for all Americans.

Washington Blade: Jay, if it’s not going to happen at this time is there some sort of commitment to issue an executive order at a later time?

Carney: Well, Iā€™m simply saying that our approach is to focus on trying to build and expand support for passage of ENDA. That is our support. In terms of, again — as a rule — and we try to stick to it here — we donā€™t talk about executive orders that may or may not be under consideration. In this case, I can tell you that at this time we are not considering such an executive order. We are, however, actively working with stakeholders to build support for passage through Congress of a piece of legislation that would be far more comprehensive than an executive order.

Blade: Itā€™s highly unlikely that the Congress will pass it given its current makeup. And the President has issued numerous executive orders under the theme ā€œWe Canā€™t Waitā€ because Congress has been unable to pass job legislation. Why is the President making this distinction with this LGBT jobs issue?

Carney: We believe that this is the right approach to achieve success here in a broad and comprehensive legislative action. And at this time, weā€™re not considering as a part of that an executive order.

Now, there are executive orders that this president has signed and there are executive orders, either real or imagined, that the president has not acted on, and thatā€™s because we look at each issue and we decide on a strategy that we think makes the most sense to achieving the presidentā€™s policy objectives.

Blade: I have to correct you on how you said that the president legislatively repealed ā€œDonā€™t Ask, Donā€™t Tell.ā€Ā  While thatā€™s true, he twice took administrative action to limit discharge authority before that repeal legislation was passed. So to say that you need to have legislation and go without administrative action first is not true.

Carney: Well, thatā€™s actually not a correction, Chris. It is a separate statement of action and fact.Ā  We are not approaching this at this time through executive authority, through an executive order.Ā  We are, however — in another demonstration of the presidentā€™s firm commitment to securing equal rights for the LGBT community — aggressively pursuing passage of ENDA. And that requires working with stakeholders and building a body of persuasive evidence that this is the right thing to do. And that is what weā€™re committed to doing.

Watch the video here (via Think Progress)

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Federal Government

US Census Bureau testing survey on LGBTQ households

Agency proposing questions about sexual orientation and gender identity

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The U.S. Census Bureau headquarters in Suitland, Md. (Photo courtesy of the U.S. Census Bureau)

The U.S. Census BureauĀ is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.

The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.

As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.

The test would follow the protocols of the actual ACS ā€” with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.

TheĀ current Federal Register noticeĀ gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30Ā online.

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, ā€œThis unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

ā€œI am grateful to everyone whose love and support for our work through the years has sustained me.

ā€œIf I had the power to change one thing, I can only dream of the example that Mattā€™s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with theĀ Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Bidenā€™s choice to honor her with the Presidential Medal of Freedom is a testament to what sheā€™s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said. Ā 

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Underground Railroad, Black History Month, gay news, Washington Blade
Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to ā€œpromote acceptance of homosexuality.ā€ 

Overturning the policy forbidding the church from ordaining ā€œself-avowed practicing homosexualsā€ effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality ā€” about which international factions are likelier to have more conservative views.

Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:

ā€œIt is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.

“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.ā€

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