Politics
Carney dismisses questions on ENDA executive order
White House spokesperson says he’s addressed EO issues, reiterates legislative path
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.
Congress
House passes reconciliation with gender-affirming care funding ban
‘Big Beautiful Bill’ now heads to the Senate
The Republican-led U.S. House of Representatives on Thursday voted 215-214 for passage of the “One Big Beautiful Bill Act” reconciliation package, which includes provisions that would prohibit the use of federal funds to support gender-affirming care.
But for an 11th hour revision of the bill late Wednesday night by conservative lawmakers, Medicaid and CHIP would have been restricted only from covering treatments and interventions administered to patients younger than 18.
The legislation would also drop requirements that some health insurers must cover gender-affirming care as an “essential health benefit” and force states that currently mandate such coverage to find it independently. Plans could still offer coverage for transgender care but without the EHB classification patients will likely pay higher out of pocket costs.
To offset the cost of extending tax cuts from 2017 that disproportionately benefited the wealthiest Americans, the reconciliation bill contains significant cuts to spending for federal programs like Medicaid and the Supplemental Nutrition Assistance Program.
The Human Rights Campaign criticized House Republicans in a press release and statement by the group’s president, Kelley Robinson:
“People in this country want policies and solutions that make life better and expand access to the American Dream. Instead, anti-equality lawmakers voted to give handouts to billionaires built on the backs of hardworking people — with devastating consequences for the LGBTQ+ community.
“If the cuts to programs like Medicaid and SNAP or resources like Planned Parenthood clinics weren’t devastating enough, House Republicans added a last minute provision that expands its attacks on access to best practice health care to transgender adults.
“This cruel addition shows their priorities have never been about lowering costs or expanding health care access–but in targeting people simply for who they are. These lawmakers have abandoned their constituents, and as they head back to their districts, know this: they will hear from us.”
Senate Republicans are expected to pass the bill with the budget reconciliation process, which would allow them to bypass the filibuster and clear the spending package with a simple majority vote.
Changes are expected as the bill will be reviewed and amended by committees, particularly the Finance Committee, and then brought to the floor for debate — though modifications are expected to focus on Medicaid reductions and debate over state and local tax deductions.
Congress
Gerry Connolly dies at 75 after battle with esophageal cancer
Va. congressman fought for LGBTQ rights
Democratic U.S. Rep. Gerry Connolly of Virginia died on Wednesday, according to a statement from his family.
The 75-year-old lawmaker, who served in Congress since 2009, announced last month that he will not seek reelection and would step down from his role as the top Democrat on the powerful U.S. House Oversight Committee because his esophageal cancer had returned.
“We were fortunate to share Gerry with Northern Virginia for nearly 40 years because that was his joy, his purpose, and his passion,” his family said in their statement. “His absence will leave a hole in our hearts, but we are proud that his life’s work will endure for future generations.”
“He looked out for the disadvantaged and voiceless. He always stood up for what is right and just,” they said.
Connolly was memorialized in statements from colleagues and friends including House Democratic Leader Hakeem Jeffries (N.Y.), Republican House Speaker Mike Johnson (La.), former President Joe Biden, and U.S. Rep. Jamie Raskin (D-Md.).
Several highlighted Connolly’s fierce advocacy on behalf of federal workers, who are well represented in his northern Virginia congressional district.
The congressman also supported LGBTQ rights throughout his life and career.
When running for the Fairfax County Board of Supervisors in 1994, he fought the removal of Washington Blade newspapers from libraries. When running in 2008 for the U.S. house seat vacated by Tom Davis, a Republican, Connolly campaigned against the amendment to Virginia’s constitution banning same-sex marriage and civil unions in the state.
In Congress, he supported the repeal of “Don’t Ask, Don’t Tell,” the U.S. Supreme Court’s ruling on marriage equality, the Biden-Harris administration’s rescission of the anti-trans military ban, and the designation within the State Department of a special LGBTQ rights envoy. The congressman also was an original cosponsor of the Equality Act and co-sponsored legislation to repeal parts of the Defense of Marriage Act.
Congress
Marjorie Taylor Greene’s bill to criminalize gender affirming care advances
Judiciary Committee markup slated for Wednesday morning
U.S. Rep. Marjorie Taylor Greene (R-Ga.)’s “Protect Children’s Innocence Act,” which would criminalize guideline-directed gender affirming health care for minors, will advance to markup in the House Judiciary Committee on Wednesday morning.
Doctors and providers who administer medical treatments for gender dysphoria to patients younger than 18, including hormones and puberty blockers, would be subject to Class 3 felony charges punishable by up to 10 years in prison if the legislation is enacted.
LGBTQ advocates warn conservative lawmakers want to go after families who travel out of state to obtain medical care for their transgender kids that is banned or restricted in the places where they reside, using legislation like Greene’s to expand federal jurisdiction over these decisions. They also point to the medically inaccurate way in which the bill characterizes evidence-based interventions delineated in standards of care for trans and gender diverse youth as “mutilation” or “chemical castration.”
Days into his second term, President Donald Trump signed “Protecting Children from Chemical and Surgical Mutilation,” an executive order declaring that the U.S. would not “fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit” medical treatments and interventions intended for this purpose.
Greene, who has introduced the bill in years past, noted the president’s endorsement of her bill during his address to the joint session of Congress in March when he said “I want Congress to pass a bill permanently banning and criminalizing sex changes on children and forever ending the lie that any child is trapped in the wrong body.”
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