National
Reporters grill Carney over ENDA exec order
White House says Obama committed to legislative approach
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’ 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 president’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, LGBT advocates were informed the White House wouldn’t issue at this time an executive order against LGBT workplace discrimination. Multiple sources have said the Labor and Justice Departments have cleared the measure 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 president’s record on LGBT issues speaks volumes about his commitment to securing equal rights for LGBT Americans. The approach we’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 don’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 president’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 we’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 “Don’t Ask, Don’t Tell.”
NBC News: Can you make the distinction between ENDA and signing this executive order? 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 we’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.
We’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, who’s the president of Freedom to Work, has issued a statement saying, “This is a political calculation that cannot stand.” 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 president’s record on LGBT issues speaks volumes about his commitment to securing equal rights for LGBT Americans. The approach we’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 “Don’t Ask, Don’t Tell” is instructive here. And as it did then, our approach to this piece of legislation demonstrates the president’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, I’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 don’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: It’s highly unlikely that the Congress will pass it given its current makeup. And the President has issued numerous executive orders under the theme “We Can’t Wait” 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, we’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 that’s because we look at each issue and we decide on a strategy that we think makes the most sense to achieving the president’s policy objectives.
…
Blade: I have to correct you on how you said that the president legislatively repealed “Don’t Ask, Don’t Tell.” While that’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, that’s actually not a correction, Chris. It is a separate statement of action and fact. We are not approaching this at this time through executive authority, through an executive order. We are, however — in another demonstration of the president’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 we’re committed to doing.
Watch the video here (via Think Progress)
Puerto Rico
The ‘X’ returns to court
1st Circuit hears case over legal recognition of nonbinary Puerto Ricans
Eight months ago, I wrote about this issue at a time when it had not yet reached the judicial level it faces today. Back then, the conversation moved through administrative decisions, public debate, and political resistance. It was unresolved, but it had not yet reached this point.
That has now changed.
Lambda Legal appeared before the 1st U.S. Court of Appeals in Boston, urging the court to uphold a lower court ruling that requires the government of Puerto Rico to issue birth certificates that accurately reflect the identities of nonbinary individuals. The appeal follows a district court decision that found the denial of such recognition to be a violation of the U.S. Constitution.
This marks a turning point. The issue is no longer theoretical. A court has already determined that unequal treatment exists.
The argument presented by the plaintiffs is grounded in Puerto Rico’s own legal framework. Identity birth certificates are not static historical records. They are functional documents used in everyday life. They are required to access employment, education, and essential services. Their purpose is practical, not symbolic.
Within that framework, the exclusion of nonbinary individuals does not stem from a legal limitation. Puerto Rico already allows gender marker corrections on birth certificates for transgender individuals under the precedent established in Arroyo Gonzalez v. Rosselló Nevares. In addition, the current Civil Code recognizes the existence of identity documents that reflect a person’s lived identity beyond the original birth record.
The issue lies in how the law is applied.
Recognition is granted within specific categories, while those who do not identify within that binary structure remain excluded. That exclusion is now at the center of this case.
Lambda Legal’s position is straightforward. Requiring individuals to carry documents that do not reflect who they are forces them into misrepresentation in essential aspects of daily life. This creates practical barriers, exposes them to scrutiny, and places them in a constant state of vulnerability.
The plaintiffs, who were born in Puerto Rico, have made clear that access to accurate identification is not symbolic. It is a basic condition for moving through the world without contradiction imposed by the state.
The fact that this case is now being addressed in the federal court system adds another layer of significance. This is not a pending policy discussion or a legislative proposal. It is a constitutional question. The analysis is not about political preference, but about rights and equal protection under the law.
This case does not exist in isolation.
It unfolds within a broader context in which debates over identity and rights have increasingly been shaped by the growing influence of conservative perspectives in public policy, both in the United States and in Puerto Rico. At the local level, this influence has been reflected in legislative discussions where religious arguments have begun to intersect with decisions that should be grounded in constitutional principles. That intersection creates tension around the separation of church and state and has direct consequences for access to rights.
Recognizing this context is not an attack on faith or religious practice. It is an acknowledgment that when certain perspectives move into the realm of public authority, they can shape outcomes that affect specific communities.
From within Puerto Rico, this is not a distant debate. It is a lived reality. It is present in the difficulty of presenting identification that does not match one’s identity, and in the consequences that follow in workplaces, schools, and government spaces.
The progression of this case introduces the possibility of change within the applicable legal framework. Not because it resolves every tension surrounding the issue, but because it establishes a legal examination of a practice that has long operated under exclusion.
Eight months ago, the conversation centered on ongoing developments. Today, there is already a judicial finding that identifies a violation of rights. What remains is whether that finding will be upheld on appeal.
That process does not guarantee an immediate outcome, but it shifts the ground.
The debate is no longer theoretical.
It is now before the courts.
National
LGBTQ community explores arming up during heated political times
Interest in gun ownership has increased since Donald Trump returned to office
By JOHN-JOHN WILLIAMS IV | As the child of a father who hunted, Vera Snively shied away from firearms, influenced by her mother’s aversion to guns.
Now, the 18-year-old Westminster electrician goes to the shooting range at least once a month. She owns a rifle and a shotgun, and plans to get a handgun when she turns 21.
“I want to be able to defend my community, especially being in political spaces and queer spaces,” said Snively, a trans woman. “It’s just having that extra line of safety, having that extra peace of mind would be important to me.”
Snively is among what some say is a growing number of LGBTQ gun owners across the United States. Gun rights organizations and advocates say interest in gun ownership appears to have increased in that community since President Donald Trump returned to the White House last year.
The rest of this article can be read on the Baltimore Banner’s website.
Tennessee
Tenn. lawmakers pass transgender “watch list” bill
State Senate to consider measure on Wednesday
The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.
House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.
The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”
It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.
HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.
The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.
This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.
Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.
It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”
State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.
“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”
Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.
“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”
The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:
“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”

