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Advocates still pushing Obama on exec order

Mixed views on whether White House will change course

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Tico Almeida, executive director of Freedom to work, said he’s hopeful that President obama will change course and sign an executive order barring workplace discrimination against LGBT employees of federal contractors. (Blade file photo by Michael Key)

LGBT advocates and lawmakers on Capitol Hill continue to press President Obama to issue an executive order barring LGBT workplace discrimination among federal contractors, despite the announcement that the directive won’t happen at this time.

Though the pressure continues, there are mixed views about whether a change of course is likely to happen during Obama’s first term.

A Senate Democratic aide, who spoke on condition of anonymity, said “more than one Democratic office” on Capitol Hill is pushing the White House to reconsider the decision not to issue the executive order, although the source wouldn’t identify which offices were speaking with the White House.

“There are ongoing discussions, and I think there’s going to be senator-level discussions,” the aide said.

Asked what the response has been from the administration, the aide said White House officials weren’t “too sympathetic to the notion that the president should issue the executive order,” but predicted pressure from Capitol Hill would “grow louder and louder.”

The aide said Obama could still issue the executive order before the end of this term, saying, “I think there’s more than enough wiggle room that the White House has left itself.”

Advocates were told on April 11 during a high-level White House meeting that Obama wouldn’t issue such a directive at this time and prefers to pursue passage of legislation to address the issue known as the Employment Non-Discrimination Act.

Sen. Jeff Merkley (D-Ore.) criticized the White House publicly in a statement, and disappointment was echoed by Rep. Frank Pallone (D-N.J.), who circulated a letter among colleagues that urged Obama to sign the directive. Gay Rep. Jared Polis (D-Colo.) said he wished the president “was a little more aggressive” in combatting workplace discrimination in an interview with Roll Call.

Several LGBT advocates echoed the feeling that the fight is not over on the executive order and that the administration could issue the directive before the year is out.

“It is my understanding from conversations with Hill staffers that their bosses are privately engaging the White House to explain to them the mistake that was made by delaying the executive order, and encouraging them to fix the mistake sooner rather than later,” said Tico Almeida, executive director of Freedom to Work.

Almeida said he’s engaged in meetings with White House staff and is proposing further discussions to address remaining concerns about the executive order. He plans to fly in from across the country LGBT victims of workplace discrimination to meet with senior officials and members of Congress.

“I’m optimistic that the White House staff will take this very seriously and I maintain some hope that President Obama will correct the mistake made by White House staff, who decided to delay the executive order,” Almeida said. “I maintain hope that the president will sign it in May or June.”

Jeff Krehely, vice president for LGBT programs at the Center for American Progress, said his organization continues to have conversations with White House officials and has exchanged documentation about the executive order following the April 11 meeting.

“There have definitely been a couple of conversations thinking through whether there’s a need for additional research of perspectives on the problem,” Krehely said. “From CAP’s perspective, we’ve been clear that we’ve all in the advocacy community done quite a bit of research, shown the magnitude of the problem, the legal authority the president has to act on an executive order. I think we’re just having a conversation about making sure that everybody in all the different places in the administration is fully aware of all the research that’s been done to date on the issue.”

Brad Sears, executive director of the Williams Institute at the University of California Los Angeles, said his organization has taken part in meetings with administration officials on publicly available research the organization has showing businesses thrive when they have LGBT non-discrimination protections in place and that the executive order is legally sound.

“My impression from those meetings is the White House doesn’t have a question about either of those,” Sears said. “We believe that the policy research and the legal authority is there.”

According to a report published last week by the organization, 86 percent of all federal contractors protect against discrimination on the basis of sexual orientation and 55 percent on the basis of gender identity. The combined total means almost one-half of all federal contractors have LGBT protections, which amounts to more than $249 billion in federal spending.

Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, said his organization has joined in conversations with the White House on the executive order.

“Along with CAP and the Williams Institute, we are compiling all of our comprehensive materials for the White House that makes the case for this common-sense order,” Cole-Schwartz said. “While we continue to advocate for these workplace protections, we believe that the arguments have been ironclad even before we were informed that the White House would not be taking action at this time.”

A White House spokesperson didn’t immediately respond to a request for comment.

Krehely added he thinks there’s room for Obama to issue the executive order during his first term because White House officials didn’t deliver a hard “no” during the April 11 meeting, but rather said they weren’t issuing the order at this time.

But other LGBT advocates, who agreed to speak on condition of anonymity to be more forthcoming on their views, weren’t as optimistic and didn’t see a path for the executive order this year.

“They have doubled down on their strategy on the executive order,” one advocate said. “I don’t believe they will reverse their course. I think the EO is done until after the election.”

According to the source, the decision has implications for Obama’s 18-month long “evolution” on marriage.

“With respect to marriage, there are a lot of cards still to be played, like the convention and the ballot states,” the advocate said. “Unfortunately, the mood has turned dire in that if they didn’t let the EO proceed, it stands to reason that the president won’t announce a pro for marriage equality position before the election. I don’t know that for sure but it stands to reason.”

Another anonymous source who has an interest in building LGBT support for Obama in the election expressed a similar sentiment about the prospects for an executive order against workplace discrimination this term.

“The thing about executive orders is that he can issue them whenever he wants, but he’s not going to,” the source said. “In the meeting they made it very clear that they’re not going to do it.”

Another source with connections to the White House said political concerns played a role in the decision not to issue the executive order. According to the source, there are fears that issuing the order could give the impression that the White House is trying to bypass Congress and that such actions won’t play well in battleground states like Ohio, which could determine the outcome of the election.

In an interview with the Washington Blade last week, gay Rep. Barney Frank (D-Mass.) expressed a similar sentiment.

“I understand there’s a lot on the plate politically,” Frank said. “And there are concerns now — not about LGBT issues — but there’s a whole developing argument about his being too much unilateral. I don’t know if you saw the article in the New York Times about too much unilateral executive order, and I think that had more to do with it than the LGBT specifics.”

But two sources expressed confidence that Obama would issue the executive order in a second term if Congress fails to act on ENDA.

“I’d be very surprised if he didn’t do this in a second term, and I’d be very surprised if he didn’t come out for marriage in a second term,” one source said.

Since the April 11 meeting, Obama endorsed legislation that aims to protect LGBT students from bullying, known as the Student Non-Discrimination Act and the Safe School Improvement Act. Additionally, the Blade has learned that the White House plans to host another Pride celebration during the month of June.

Even so, some LGBT organizations have pledged to continue pressing for the executive order.

Heather Cronk, managing director for GetEQUAL, said her organization has had positive reactions in meetings that supporters have had with various Obama campaign offices on LGBT workplace discrimination.

“What we’ve discovered through those campaign actions is a lot of the campaign staff agreed with us that the president, the candidate they’re working for, should sign the executive order,” Cronk said. “It was clear to us that we didn’t actually want to do too hard-hitting action at some of those offices because we were finding that the staff and volunteers agreed with us.”

Supporters at Obama campaign offices in Virginia, Los Angeles, Austin and Laramie, Wyo.,delivered pens to campaign officials — in case the president couldn’t find something to write with — in a symbolic action to encourage the president to sign the order.

Next on the agenda for GetEQUAL, Cronk said, will be actions “more theatrical in nature” to drive the point less to the Obama campaign offices and more to campaign headquarters.

“The pressure isn’t letting off,” Cronk said. “We still have our foot on the gas and we still think there’s an opportunity for President Obama to do the right thing, and we’ll keep escalating until we either get another response from the White House with a more definitive ‘no,’ or get an affirmative response from the White House and see an executive signing in the next month.”

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National

Madonna roundup: Reviews, sales, and love for ‘Danceteria’

Pop legend’s new album ‘Confessions II’ earning raves

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Madonna isn’t just back, she’s ubiquitous. 

From a Times Square takeover to Graham Norton’s couch, the pop legend is busy promoting her new album, “Confessions II,” a sequel to 2005’s “Confessions on a Dance Floor,” that is earning rave reviews.

“Madonna’s back in peak form with a fresh and honest dance record that’s not only her best in 20 years, but a genuinely vital addition to her canon,” says Pitchfork.

“Facing grief and loss has made Madonna’s music deeper than it’s been in 20 years, but also more alive,” the Guardian proclaims.

“If everyone in the club is a work of art, as ‘Danceteria’ says, then to live loudly is to make an indelible mark,” according to Vulture.

The album features upbeat dance productions along with some melancholic views on death and loss. On the song “Betrayal,” she reflects on the recent death of her stepmother Joan, singing, “You’ll never take my mother’s place … you betrayed me, you enslaved me.”

On “L.E.S. Girl,” she revisits her early days living on the Lower East Side and struggling to pay the rent. “Bizarre” seems to reference her failed 1980s marriage to actor Sean Penn. “Test” is a duet with daughter Lola Leon, in which she sings, “I wish I knew / The pain I’ve caused / My butterfly / Was always being watched.”

But the emotional high point of the album comes on “Fragile,” which she wrote about the death of her brother Christopher. The two were close early in Madonna’s career and he designed sets for early tours, including “Blonde Ambition.” But they had a falling out after her marriage to Guy Ritchie and he wrote a scathing tell-all book about his sister that led to years of estrangement. The two reconciled after Christopher’s cancer diagnosis and shortly before he died in 2024 at age 63. She sings, “Late last night I was fast asleep/You came to me in a dream/You said, ‘Don’t forget about me/Don’t forget to be happy.’”

Death emerges again but in a much more upbeat context in “Danceteria,” an ode to the iconic New York nightclub that has emerged as a gay favorite single and seems destined to be the song of the summer in queer nightlife. She recounts her pre-fame days trying to convince a DJ to play her first single “Everybody” at the club and name checks Jean-Michel Basquiat, Keith Haring, best friend Debi Mazar, and DJ Mark Kamins on the track. 

Streaming numbers and sales are strong for the new album with projected first week sales of 100,000 ensuring a No.1 debut in the U.S. 

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U.S. Federal Courts

Three overlooked court rulings limited White House anti-trans policies

Supreme Court narrowed trans rights, advocates saw victories in other decisions

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(Bigstock photo)

While the U.S. Supreme Court’s decision in West Virginia v. B.P.J. continues to dominate headlines about transgender rights, three recent federal court cases produced significant rulings that limited or temporarily blocked Trump-Vance administration policies attacking trans Americans.

Talbott v. USA

Trump issued Executive Order 14183, “Prioritizing Military Excellence and Readiness,” on Jan. 27, 2025, banning trans people from serving in the military. The following day, GLAD Law and the National Center for LGBTQ Rights filed a federal lawsuit in the U.S. District Court for the District of Columbia challenging the ban on behalf of six active-duty service members and two individuals seeking to enlist. The organizations argue the policy violates the Fifth Amendment’s guarantee of equal protection under the law.

The plaintiffs sought a nationwide preliminary injunction — a temporary block on enforcement of the executive order while the litigation continued. The district court granted that injunction and later rejected the Trump-Vance administration’s request to dissolve it, temporarily protecting trans service members from being discharged solely because of their gender identity.

That protection, however, was short-lived. In Shilling v. Trump, the Supreme Court stayed the lower court’s injunction, allowing the military to begin enforcing the trans service ban while litigation continued. The U.S. Air Force subsequently required trans service members facing involuntary separation proceedings to appear in uniforms and grooming standards corresponding to their sex assigned at birth and, in some cases, used their deadnames during those proceedings.

Despite that setback, the plaintiffs secured two significant legal victories during Pride month.

On June 1, a federal appeals court blocked the discharge of the trans service members involved in Talbott. Then, on June 30, a federal district court certified the case as a class action on behalf of all currently serving trans service members. That means future rulings in the case will apply not only to the original six plaintiffs but to all active-duty trans military personnel covered by the class.

The case remains ongoing, but class certification significantly strengthens the ability to protect trans service members as the litigation continues. Currently, there are 28 plaintiffs in total, including the two still attempting to enlist.

Z.A. v. Blanche

In Z.A. v. Blanche (formerly Z.A. v. Lucile Salter Packard Children’s Hospital at Stanford), the U.S. District Court for the Northern District of California issued an emergency order one day before a federal grand jury subpoena was set to be enforced on July 2. The order blocked the Department of Justice from obtaining confidential medical records belonging to California families whose children receive gender-affirming care.

The ruling relied in part on protections established under the Health Insurance Portability and Accountability Act (HIPAA), the 1996 federal law governing the privacy and security of medical records.

The decision represented a significant check on the administration’s efforts to obtain sensitive patient information, protecting the privacy of trans patients and their families while the legal challenge proceeds.

Doe v. Blanche

Doe v. Blanche, which remains ongoing, challenges Trump’s executive order, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government. Under policies implementing that order, many trans women in federal custody would be housed in men’s prisons.

A federal district court in D.C. granted a preliminary injunction blocking enforcement of a Bureau of Prisons policy that would require incarcerated trans women to be housed in men’s facilities regardless of individualized safety assessments or the risk of sexual assault.

The Bureau of Prisons policy also conflicts with the goals of the Prison Rape Elimination Act (PREA), enacted by Congress in 2003 to address sexual abuse in correctional facilities through standards, research, funding, and prevention measures. Federal data has consistently shown that trans people in custody experience sexual assault at dramatically higher rates than the general prison population.

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Commentary

When a church fears the rainbow

Puerto Rico pastor objected to Pride symbols outside congregation

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(Washington Blade photo by Michael Key)

There are moments when an incident stops being merely a local story and begins to reveal something much deeper. What happened on June 28 outside One Church, in Comerío, Puerto Rico, belongs in that category.

I do not know who painted the rainbow colors on the asphalt and on a roadside guardrail. I do not know what motivated them, and it is not my place to justify their actions. If someone believes a law was broken, there are authorities and legal mechanisms to address that. That is not the point of this reflection.

The point is the words that followed.

Hours after those colors appeared, Pastor Jorge J. Santiago Reyes went live on social media. He said he felt threatened. He described what happened as a physical attack against his church. He appeared angry and disappointed. He called those who painted the rainbow “cowards” and “charlatans.” He expressed frustration with the support that, according to him, the municipal government of Comerío has shown toward the LGBTQ community, and with those who support posts related to that community. He repeated several times that the people responsible had “crossed the line.” He ended his message by saying, “These charlatans have to be stopped.”

As I listened to his words, I stopped thinking about the paint.

I began thinking about fear.

There is one phrase the pastor repeated again and again: “They crossed the line.” Yet he never explained what that line was. If he was referring to a possible violation of the law, that is for the authorities to determine. If he meant respect for property, there are also procedures to deal with that. But when that line remains undefined and the message begins to associate a rainbow with a threat, the question changes. It is no longer only about a guardrail or a road. It becomes a question about what boundary, in the pastor’s view, was actually crossed.

Paint can be erased.

A brush can cover the asphalt and return a guardrail to its original color.

What does not disappear so easily is the meaning of those colors.

And perhaps that is where the real conflict begins.

It is significant that this happened precisely on June 28, the day when the LGBTQ community remembers a history marked by exclusion, violence, and the struggle for dignity. What represents memory, hope, and the possibility of living without hiding for millions of people was presented by others as a threat.

I do not know why someone painted that rainbow. I do not need to know in order to ask whether those were the words society should expect from a pastor.

A religious leader may feel hurt, frustrated, or angry. What he cannot forget is the responsibility that comes with every public expression. His words do not end when a livestream ends. They move beyond the space of his church, reach people who may never share his faith, and help shape the way others see those who think differently. When a pastor calls other people “charlatans” and “cowards,” says they “have to be stopped,” and turns a rainbow into evidence of an attack, he is no longer speaking only from frustration. He begins to build a discourse that can feed rejection toward a community far larger than the people responsible for that act.

There was another moment in the livestream that caught my attention. The pastor reminded viewers how much he has served Comerío, how much he has accompanied his community, and how much he has worked for it. I have no reason to question that service. I am sure many people can testify to the good he has done.

That is precisely why it was difficult to hear.

Pastoral vocation is not about reminding a town of everything one has done for it when conflict appears. Service does not lose its value when it goes unrecognized; it loses something when it becomes an argument to claim a moral position from which to speak down to others. A person who serves does so because that is the nature of the calling, not because that service grants authority to discredit those who think differently.

As a pastor, that part of the message left me deeply uneasy. Not because I expect ministers of God to be perfect. We are not. But because our words carry weight, we are called to speak with greater responsibility. Some expressions build bridges. Others raise walls. Some words invite encounter. Others end up justifying rejection.

The paint will disappear. A brush will be enough to cover the asphalt and return the guardrail to its original color.

The words will not disappear as easily.

They will remain recorded in a video, shared again and again on social media, and remembered by those who heard them. They will remain long after the last trace of paint has been erased.

When this episode is remembered, it probably will not be because of the rainbow that appeared outside One Church, in Comerío, Puerto Rico.

It will be because of the words a pastor chose to use when speaking about it.

And that difference changes everything.

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