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Carney dismisses questions on ENDA executive order

White House spokesperson says he’s addressed EO issues, reiterates legislative path

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Jay Carney, White House, gay news, Washington Blade
White House Press Secretary Jay Carney dodged additional questions about LGBT workplace discrimination (Blade file photo by Michael Key).

White House Press Secretary Jay Carney dodged additional questions about LGBT workplace discrimination (Blade file photo by Michael Key).

White House Press Secretary Jay Carney wouldn’t say on Wednesday why President Obama won’t take administrative action against workplace discrimination at the same time as he pursues a legislative solution to address the issue — prompting a tongue-lashing from one LGBT advocate who said he’ll tweet at the spokesperson additional reading material.

Under questioning from the Washington Blade, Carney insisted he’s previously explained why Obama can’t signed an executive order prohibiting LGBT workplace discrimination among federal contractors while calling for passage of the Employment Non-Discrimination Act. Without enumerating that explanation, Carney shifted to talking about the bill.

“I think it’s a fair question, but I have answered it,” Carney said. “And one thing I noted recently is that we saw some progress on the legislation, ENDA, in Congress as it was passed out of committee. And the president supports that and welcomes it, and will continue to work with Congress to move forward with that.”

When the Blade pointed out that LGBT discrimination continues to occur — just this month, two transgender people, one who worked for a federal contractor, won damages for discrimination they faced on the job by suing under Title VII — Carney dismissed the conclusion that administrative action is necessary.

“The president opposes discrimination, as you know,” Carney said. “And the president is pursuing a path that he thinks has the best chance of success, which is trying to get Congress to pass ENDA, the legislative action that he supports.”

In additional to signing an executive order, another method of administrative action to institute workplace non-discrimination protections being discussed by LGBT advocates is enforcing Executive Order 11246, which prohibits gender discrimination among federal contractors, in a way that would protect transgender workers as well.

That action would bring enforcement of that executive order into alignment with the U.S. Equal Employment Opportunity Commission’s ruling last year that transgender people are protected under workplace non-discrimination law prohibiting gender discrimination.

It’s unclear whether the Labor Department is enforcing the existing executive order in this way. Buzzfeed reported earlier this month that the White House “forbade” the department from doing so.

Asked about this report, Carney said he no knowledge of it and maintained the administration’s position on the issue is clear.

“I’m not aware of that report,” Carney said. “I think our position is clear. I don’t have any updates on it for you. We support the legislation that has moved forward, importantly, in one house of Congress and we’ll continue to make that support known.”

The White House news briefing took place immediately after Obama met with the House and Senate Democratic caucuses on Capitol Hill. Asked whether Obama brought up moving forward with ENDA at those meetings, Carney said he doesn’t have complete knowledge of what was said.

“I wasn’t in the meetings; I don’t have the full readout,” Carney said. “But the president’s position on this issue is well known. It is one he expresses frequently in his conversations with lawmakers of both parties. And we will continue to push for action on that legislation.”

Tico Almeida, president of Freedom to Work, said Carney is feigning ignorance over matters of LGBT workplace discrimination in attempt to dodge questions.

“I don’t think Jay Carney is as ignorant as he pretends to be whenever he wants to avoid tough questioning from the Washington Blade and other reporters who rightfully ask about the President’s five-year delay on his written campaign promise to LGBT Americans,” Carney said. “Mr. Carney is being intentionally obtuse and falsely claiming he’s answered questions that he has in fact skillfully ducked for years.”

Almeida said his organization will deliver to Carney via Twitter “a summer reading list” including the story of President Franklin Roosevelt issuing an executive order prohibiting discrimination on the basis of race among defense contractors as well as the stories of black leaders like Bayard Rustin and A. Phillip Randolph who urged him to take action.

“If Carney reads that American history during his August vacation, maybe he will regain some sense of shame and stop avoiding important questions about how to give LGBT Americans a fair shot at the American Dream,” Almeida said.

Additionally, Almeida took Carney to task for not answering the question about whether the White House forbade the Labor Department from enforcing the existing executive order to protect transgender workers.

“Numerous federal government employees and national leaders have told us that the White House has blocked what the Labor Department wanted to do last year,” Almeida said. “This issue is going to get even more embarrassing for Labor Secretary Tom Perez as time passes, and I hope he will use his considerable intellect and passion to re-start the debate with the White House senior staff who have been dragging their feet on our pathway toward LGBT workplace opportunity.”

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

Washington Blade: Thanks, Jay. I want to talk about the issue of LGBT workplace discrimination once more. I know when I’ve asked you questions about the White House issuing an executive order to address this issue before, you said that the administration prefers a legislative push of the issue. But can you explain to me why you think they’re mutually exclusive? Can’t the President sign an executive order and then pursue a legislative solution at the same time?

Jay Carney: You know, Chris, I think it’s a fair question, but I have answered it. And one thing I noted recently is that we saw some progress on the legislation, ENDA, in Congress as it was passed out of committee. And the President supports that and welcomes it, and will continue to work with Congress to move forward with that. He continues to think that’s the best approach in addressing these issues.

Blade: Even as this legislative process is underway, discrimination is still happening. In this past month, two transgender victims of discrimination won damages for discrimination based on a job. One was a federal contractor. Doesn’t this continued discrimination demonstrate the need for immediate action from the administration?

Carney: Well, the President opposes discrimination, as you know. And the President is pursuing a path that he thinks has the best chance of success, which is trying to get Congress to pass ENDA, the legislative action that he supports.

Blade: Another idea that’s being talked about is the Labor Department enforcing the existing executive order protecting gender discrimination in a way that also protects transgender workers. There was a report in Buzzfeed earlier this month saying the White House forbade the Labor Department from enforcing that existing executive order in this way. Are you aware of this issue and do you deny —

Carney: I’m not aware of that report. I think our position is clear. I don’t have any updates on it for you. We support the legislation that has moved forward, importantly, in one house of Congress and we’ll continue to make that support known.

Blade: One last question, I swear.

Carney: He should get a seat up in the front row, don’t you think? (Laughter.)

Blade: Did the President, in the meeting with the Senate Democratic caucus, did he encourage lawmakers to move forward on this with senators today?

Carney: I wasn’t in the meetings; I don’t have the full readout. But the President’s position on this issue is well known. It is one he expresses frequently in his conversations with lawmakers of both parties. And we will continue to push for action on that legislation.

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Congress

Torres: gay Venezuelan asylum seeker is ‘poster child’ for Trump’s ‘abuses against due process’

Congressman spoke with the Blade Thursday

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Democratic U.S. Rep. Ritchie Torres of New York told the Washington Blade during an interview Thursday that his party erred in focusing so much attention on demands for the Trump-Vance administration to return Kilmar Abrego Garcia to the U.S. when the wrongful deportation of Andry Hernández Romero “was much more egregious.”

Hernández is a gay Venezuelan national who was deported to El Salvador in March and imprisoned in the country’s notorious Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT.

“In the case of Andry, the government admits that it has no evidence of gang membership, but he was deported without due process, without a notification to his attorney, without a court hearing to contest the allegations against him, without a court order authorizing his deportation,” the congressman said.

“He had not even the slightest semblance of due process,” Torres said. “And even though he had a court hearing scheduled for March 17, the Trump administration proceeded to deport him on March 15, in violation of a court order.”

“I think we as a party should have held up Andry as the poster child for the abuses against due process, because his case is much more sympathetic,” Torres said. “There’s no one who thinks that Andry is a gang member.”

“Also,” the congressman added, “he’s not a quote-unquote illegal immigrant. He was a lawful asylum seeker. He sought asylum lawfully under the statutes of the United States, but he was deported unlawfully at the hands of the Trump administration.”

Torres was among the 49 members of Congress who joined with Democratic U.S. Sens. Alex Padilla and Adam Schiff of California in writing to Secretary of State Marco Rubio on Monday demanding information about Romero, including proof of life.

The lawmakers urged the State Department to facilitate his access to legal counsel and take steps to return him, expressing fear for his safety — concerns that Torres reiterated on Thursday.

“Jails and prisons can be dangerous places for gay men, and that is especially true of a place like CECOT,” the congressman said. “He fled Latin America to escape violent homophobia. There are a few places on earth that have as much institutionalized homophobia as jails and prisons, and so I do fear for his safety.”

“I released a video telling the story of Andry,” Torres noted, adding, “I feel like we have to do more to raise awareness and the video is only the beginning … And you know, the fact that Abrego Garcia is returning to the United States shows that the administration has the ability to bring back the migrants who were unlawfully deported.”

Torres spoke with the Blade just after Padilla was forcibly removed from a federal building in Los Angeles after attempting to question U.S. Homeland Security Secretary Kristi Noem during a press conference on immigration Thursday.

Footage of the senator being pushed out of the room, onto the floor, and handcuffed by officers wearing FBI identifying vests drew outrage from top Democrats in California and beyond.

“It’s the latest reminder that Donald Trump and his administration have no respect for anything or anyone but himself,” Torres told the Blade. “And every bit as outrageous as Donald Trump himself has been the enabling on the part of the congressional Republicans who are aiding and abetting his authoritarian abuses.”

“We have to be vigilant in resisting Donald Trump,” the congressman said. “We have to resist him on the streets through grassroots mobilization. We have to resist him in the courtrooms through litigation. We have to resist him in the halls of Congress through legislation.”

Torres added that “we have to win back the majority in 2026” and “if Republicans have no interest in holding Donald Trump accountable, then those Republicans should be fired from public office” because “we need a Congress that is able and willing to hold Donald Trump accountable, to stand up to his authoritarian assault on our democracy.”

Resisting is “a matter of free speech,” he said, noting that the president’s aim is to “create a reign of terror that intimidates people into silence,” but “we cannot remain silent. We have to unapologetically and courageously exercise our right to free speech, our right to assemble peacefully, and our right to resist an authoritarian president like Donald Trump.”

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Congress

Padilla forcibly removed from federal building for questioning DHS secretary

Prominent Democrats rushed to defend senator

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U.S. Sen. Alex Padilla (D-Calif.) (Washington Blade photo by Michael Key)

Democratic U.S. Sen. Alex Padilla of California was forcibly removed from a federal building in Los Angeles after attempting to ask questions of U.S. Homeland Security Secretary Kristi Noem during a press conference on immigration Thursday

The city has been rattled in recent days as protestors objecting to the Trump-Vance administration’s immigration crackdowns clashed with law enforcement and then the president deployed National Guard troops and U.S. Marines, which was seen as a dramatic escalation.

According to a video shared by his office, the senator, who serves as ranking member of the Senate Judiciary Immigration Subcommittee, introduced himself and said, I have questions for the secretary.” After he was pushed out of the room, officers with FBI-identifying vests told Padilla to put his hands behind his back and handcuffed him.

“Senator Padilla is currently in Los Angeles exercising his duty to perform Congressional oversight of the federal government’s operations in Los Angeles and across California,” reads a statement from his office.

“He was in the federal building to receive a briefing with General Guillot and was listening to Secretary Noem’s press conference,” the statement continued. “He tried to ask the secretary a question, and was forcibly removed by federal agents, forced to the ground and handcuffed. He is not currently detained, and we are working to get additional information.”

Democrats were furious, with many releasing strong statements online condemning the actions of law enforcement officers, including California Gov. Gavin Newsom (D), Los Angeles Mayor Karen Bass (D), and the state’s other U.S. senator, Adam Schiff (D).

Human Rights Campaign Chief of Staff Jay Brown also issued a statement: “A sitting U.S. senator should be allowed to ask a Cabinet secretary a question at a press conference — in his own state, on an issue affecting his constituents — without being violently thrown to the floor and handcuffed. Everyone who cares about our country must condemn this undemocratic act. Full stop.”



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51 lawmakers sign letter to Rubio about Andry Hernández Romero

U.S. Rep. Robert Garcia (D-Calif.) spoke about gay Venezuelan asylum seeker

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Andry Hernández Romero (Photo courtesy of the Immigrant Defenders Law Center)

Forty nine members of Congress and two U.S. senators, all Democrats, signed a letter Monday to Secretary of State Marco Rubio demanding information about Andry Hernández Romero, a gay Venezuelan national who was deported to El Salvador and imprisoned in the country’s notorious Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT

“We are deeply concerned about the health and wellbeing of Mr. Hernández Romero, who left
Venezuela after experiencing discriminatory treatment because of his sexual orientation and
opposition to Venezuela’s authoritarian government,” the lawmakers wrote. They urged the State Department to facilitate his access to legal counsel and take steps to return him.

After passing a credible fear interview and while awaiting a court hearing in March, agents with U.S. Immigration and Customs Enforcement reportedly transported Hernández out of the U.S. without due process or providing evidence that he had committed any crime.

In the months since, pressure has been mounting. This past WorldPride weekend in Washington was kicked off with a rally in front of the U.S. Supreme Court and a fundraiser, both supporting Hernández and attended by high profile figures including members of Congress, like U.S. Rep. Mark Takano (D-Calif.)

U.S. Rep. Robert Garcia (D-Calif.) was among the four members who wrote to Rubio about Hernández in April. On Friday, he spoke with the Washington Blade before he and his colleagues, many more of them this time, sent the second letter to Rubio.

“There’s a lot of obviously horrible things that are happening with the asylum process and visas and international students and just the whole of our value system as it relates to immigration,” he said, which “obviously, is under attack.”

“Andry’s case, I think, is very unique and different,” the congressman continued. “There is, right now, public support that is building. I think he has captured people’s attention. And it’s growing — this is a movement that is not slowing down. He’s going to be a focal point for Pride this year. I mean, I think people around the world are interested in the story.”

Garcia said he hopes the momentum will translate to progress on requests for proof of life, adding that he was optimistic after meeting with Hernández’s legal team earlier on Friday.

“I mean, the president, Kristi Noem, Marco Rubio — any of these folks could could ask to see if just he’s alive,” the congressman said, referring to the secretary of Homeland Security, whom he grilled during a hearing last month. ICE is housed under the DHS.

“People need to remember, the most important part of this that people need to remember, this isn’t just an immigration issue,” Garcia noted. “This is a due process issue. This is an asylum case. We gave him this appointment. The United States government told him to come to his appointment, and then we sent him to another country, not his own, and locked him up with no due process. That’s the issue.”

Garcia said that so far neither he nor his colleagues nor Hernández’s legal team were able to get “any answers from the administration, which is why we’re continuing to advocate, which is why we’re continuing to reach out to Secretary Rubio.”

“A lot more Democrats are now engaged on this issue,” he said. U.S. Sens. Adam Schiff and Alex Padilla, both from California, joined Monday’s letter. “The more that we can get folks to understand how critical this is, the better. The momentum matters here. And I think Pride does provide an opportunity to share his story.”

Asked what the next steps might be, Garcia said “we’re letting his legal team really take the lead on strategy,” noting that Hernández’s attorneys have “already engaged with the ACLU” and adding, “It’s very possible that the Supreme Court could take this on.”

In the meantime, the congressman said “part of our job is to make sure that that people don’t forget Andry and that there is awareness about him, and I think there’s a responsibility, particularly during WorldPride, and during Pride, all throughout the month — like, this is a story that people should know. People should know his name and and people should be aware of what’s going on.”

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