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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’ 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)

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National

Supreme Court deals blow to trans student privacy protections

Under this ruling, parents are entitled to be informed about their children’s gender identity at school, regardless of state protections for student privacy.

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Transgender rights activists protest outside the Supreme Court in early 2026. (Washington Blade Photo by Michael Key)

The Supreme Court on Monday blocked a California policy that allowed teachers to withhold information about a student’s gender identity from their parents.

The policy had permitted California students to explore their gender identity at school without that information automatically being disclosed to their parents. Now, educators in the state will be required to inform parents about developments related to a student’s gender identity, depending on how the case proceeds in lower courts.

The case involves two sets of parents — identified in court filings as John and Jane Poe and John and Jane Doe — both of which say their daughters began identifying as boys at school without their knowledge, citing religious objections to gender transitioning.

The Poes say they only learned about their daughter’s gender dysphoria after she attempted suicide in eighth grade and was hospitalized. After treatment for the attempt and after being returned to school the following year, teachers continued using a male name and pronouns despite the parents’ objections, citing California law. The Poes have since placed their daughter in therapy and psychiatric care.

Similarly, the Does say their daughter has intermittently identified as a boy since fifth grade, but while their daughter was in seventh grade, they confronted school administrators over concerns that staff were using a male name and pronouns without informing them. The principal told them state law barred disclosure without the child’s consent.

Both sets of parents filed lawsuits in the U.S. District Court for the Southern District of California challenging the state policy that protects students’ gender identity and limits when schools can disclose that information to parents.

The justices voted along ideological lines, with the court’s six conservative members in the majority and the three liberal justices dissenting.

“We conclude that the parents who seek religious exemptions are likely to succeed on the merits of their Free Exercise Clause claim,” the court said in an unsigned order. “The parents who assert a free exercise claim have sincere religious beliefs about sex and gender, and they feel a religious obligation to raise their children in accordance with those beliefs. California’s policies violate those beliefs.”

In dissent, the three liberal justices argued that the case is still working its way through the lower courts and that there was no need for the high court to intervene at this stage. Justice Elena Kagan wrote, “If nothing else, this Court owes it to a sovereign State to avoid throwing over its policies in a slapdash way, if the Court can provide normal procedures. And throwing over a State’s policy is what the Court does today.”

Conservative Justices Samuel Alito and Clarence Thomas indicated they would have gone further and granted broader relief to the parents and teachers challenging the policy.

The emergency appeal from a group of teachers and parents in California followed a decision from the United States Court of Appeals for the Ninth Circuit that allowed the state’s policy to remain in effect. The appeals court had paused an order from U.S. District Judge Roger Benitez — who was nominated by George W. Bush — that sided with the parents and teachers and put the policy on hold.

The legal challenge was backed by the Thomas More Society, which relied heavily on a decision last year in which the court’s conservative majority sided with a group of religious parents seeking to opt their elementary school children out of engaging with LGBTQ-themed books in the classroom.

California Attorney General Rob Bonta expressed disappointment with the ruling. “We remain committed to ensuring a safe, welcoming school environment for all students while respecting the crucial role parents play in students’ lives,” his office said in a statement.

The decision comes as the Trump administration has taken a hardline approach to transgender rights. During his State of the Union address last week, President Donald Trump referenced Sage Blair, who previously identified as transgender and later detransitioned, describing Blair’s experience transitioning in a public school. According to the president, school employees supported Blair’s chosen gender identity and did not initially inform Blair’s parents.

President Donald Trump acknowledges Sage Blair, pictured second from left, during his speech at the State of the Union on Feb. 24. (Washington Blade photo by Michael Key)

Last year, the court upheld Tennessee’s ban on gender-affirming medical care for transgender minors and has allowed enforcement of a policy barring transgender people from serving in the military to continue during Trump’s second term.

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Comings & Goings

Gil Pontes III named to Financial Advisory Board in Wilton Manors

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Gil Pontes III

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”

Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.

Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.

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ACLU sues Kansas over law invalidating trans residents’ IDs

A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.

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Kenda Kirby, transgender, Supreme Court, gay news, Washington Blade
A transgender flag flies in front of the Supreme Court. (Washington Blade file photo by Michael Key)

Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.

Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.

According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.

House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.

Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.

The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.

Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.

State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”

“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”

“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”

“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”

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