News
Will Obama ‘use the pen’ to protect LGBT workers?
President pledges to take executive action if Congress fails to pass agenda items
White House Press Secretary Jay Carney won’t say whether Obama’s use of his pen will include action to protect LGBT workers. (Washington Blade photo by Damien Salas)
President Obama pledged this week to take executive action if Congress fails to pass certain items on his legislative agenda, but so far the strategy of bypassing Congress doesn’t extend to the issue of barring discrimination against LGBT workers.
In public remarks before a Cabinet meeting on Tuesday, Obama said he intends to make clear that Congress isn’t the only path for policy change, saying “we are not just going to be waiting for legislation” to provide aid to Americans.
“I’ve got a pen and I’ve got a phone,” Obama said. “And I can use that pen to sign executive orders, and take executive actions and administrative actions that move the ball forward in helping to make sure our kids are getting the best education possible, and making sure that our businesses are getting the kind of support and help they need to grow and advance to make sure that people are getting the skills that they need to get those jobs that our businesses are creating.”
That situation could apply to the Employment Non-Discrimination Act, a bill that would bar most employers from engaging in anti-LGBT workplace discrimination. Although the bill passed the Senate last year on a bipartisan basis, it has languished in the House. House Speaker John Boehner (R-Ohio) has said he opposes the legislation.
LGBT advocates are jumping on Obama’s remarks as another opportunity to push him to sign the executive order prohibiting federal contractors from discriminating against LGBT workers.
Fred Sainz, vice president of communications for the Human Rights Campaign, said his organization “certainly hope[s]” the president’s words — and similar words from other administration officials — indicates Obama is preparing to take action to institute LGBT non-discrimination protections.
“The White House’s statements were a perfect description of the executive order that hardworking LGBT Americans need,” Sainz said.
Rea Carey, executive director of the National Gay & Lesbian Task Force, said the “time is right for more action” in the wake of Obama’s words that he’ll use his pen to advance his agenda.
“If politics is local, then all the administration has to do is take a look at what Virginia’s new Gov. Terry McAuliffe did as his first act — signing an executive order that protects LGBT state employees from discrimination,” Carey said. “With one stroke of his pen, the president can immediately improve the lives of LGBT people across the country; we encourage him to use it.”
But the White House maintains the legislative route to protecting LGBT workers from discrimination is the path it prefers.
Under questioning from the Washington Blade, White House Press Secretary Jay Carney said on Thursday he doesn’t “have any change or update” from the administration’s previously stated preference for passage of ENDA over an executive order prohibiting LGBT discrimination among federal contractors.
“So our view has always been that the best way to address this important matter is through broad, comprehensive employment non-discrimination legislation,” Carney said. “And we support action on that legislation in the House so that the president can sign it.”
Asked by another reporter why the president would take executive action to advance his policies on issues such as gun control and education, but not on LGBT discrimination, Carney reiterated the administration’s position.
“We are very focused on the potential for further action in the Congress — for the progress that we’ve seen around the country and in Congress in recognizing that these are fundamental rights that ought to be recognized,” Carney said. “And we expect that Congress will, as I said, get on the road toward progress that so many in this country have been traveling on these issues.”
Obama’s words this week mark a significant change in tone from what he’s previously said on the issue of bypassing Congress and issuing executive orders to enact new policy.
In November during a fundraiser for the Democratic National Committee in San Francisco, Obama was heckled by an audience member who kept shouting “executive order.” Although the protester didn’t make clear on what issue he was seeking executive action, Obama responded that his belief generally is that he shouldn’t bypass Congress.
“There is no shortcut to politics,” Obama said. “And there’s no shortcut to democracy. And we have to win on the merits of the argument with the American people. As laborious as it seems sometimes, as much misinformation as there is out there sometimes, as frustrating as it may be sometimes, what we have to do is just keep on going, keep on pushing.”
The reason for the change in tone could be attributable to a new face on the White House staff. John Podesta has recently joined the staff as a counselor to Obama. During his time building the Center for American Progress as its founder, Podesta was a strong advocate of use of executive power by the president.
In a 2010 report titled, “The Power of the President: Recommendations to Advance Positive Change,” Podesta advocates for the use of executive power for Obama to advance job creation and economic competitiveness and to improve education, health care and security.
“Concentrating on executive powers presents a real opportunity for the Obama administration to turn its focus away from a divided Congress and the unappetizing process of making legislative sausage,” Podesta writes. “Instead, the administration can focus on the president’s ability to deliver results for the American people on the things that matter most to them.”
Winnie Stachelberg, vice president of external affairs at the Center for American Progress, insisted that Obama has asserted he has the prerogative to exercise executive authority, saying she supports him doing so for LGBT workers.
“I think his comments this week and comments from others who are senior advisers at the White House that he will act if Congress doesn’t is in keeping with what he has said in his first term and in the past year in his second term,” Stachelberg said. “He has been clear that he wants to work with Congress on issues that challenge our country, but where and when Congress won’t act, he will use the authority that he has.”
Obama will likely flesh out what he intends to pursue through executive action during his annual State of the Union Address before a joint session of Congress on Jan. 28. Although the details of the speech are under wraps, Obama has already disclosed he’ll talk about mobilizing the country around a national mission of ensuring the economy offers all hardworking Americans a fair shot at success.
Tico Almeida, president of Freedom to Work, identified another item that Obama should bring up during the State of the Union speech: pushing the U.S. House to finish the job on ENDA.
“We will keep pushing for an ENDA vote in the House of Representatives in 2014, and we hope the president will use the State of the Union Address to call for that vote, but the very best thing he can do right now is lead by example and sign the executive order,” Almeida said.
Advocates of workplace protections pushed Obama to sign the directive prior to his campaign to win a second term, but the White House announced it wouldn’t happen at that time. Despite a presumption the president would sign the measure once re-elected, there was no change in the White House position following Election Day.
After first lady Michelle Obama was heckled during a DNC fundraiser over the executive order, renewed pressure was placed on the White House, and advocates had renewed hopes Obama would announce he would sign the order at the annual Pride reception at the White House. Instead, Obama took the opportunity to renew his call for ENDA passage.
Finally, amid questions over whether Obama would sign the executive order once ENDA made it halfway through Congress and passed the Senate, the White House indicated there was still no change in plans.
Dan Pinello, a political scientist at the City University of New York, didn’t put much stock in the notion that things would change this time around — despite the president’s words.
“My guess is that Obama would not issue an executive order that might unduly upset the business community,” Pinello said. “He’s been fairly deferential to them.”
Pinello added most federal contractors are large enough business entities that they likely have LGBT non-discrimination provisions already in place with regard to LGBT people.
“Thus, there might be significantly diminished returns from such an executive order, especially in light of the antagonism potentially felt by those small contractors who’d feel put upon by the action,” Pinello said. “So I’d be surprised if Obama did it.”
Rehoboth Beach
Celebrated performer Rose Levine plays Rehoboth on May 15
Freddie’s to host Fire Island legend
Rose Levine is a celebrated entertainer best known for her longstanding performances in Cherry Grove, Fire Island, since 1955 where she has become a beloved fixture of the community’s vibrant arts and nightlife scene. With a career spanning decades, Levine has captivated audiences with her cabaret singing shows full of charisma, classic numbers, humor, and unmistakable stage presence—proving that some stars don’t fade, they simply get better lighting.
Levine is also closely associated with the legendary Fire Island Invasion of the Pines, the annual Fourth of July spectacle in which performers and revelers make their grand (and gloriously over-the-top) entrance by boat from Cherry Grove to Fire Island Pines, now a 50-year tradition. Her role in launching and sustaining this tradition has helped make it one of the most iconic—and entertaining—events of the summer season.
A consummate storyteller, Levine brings audiences along for a glittering ride through entertainment history. Rose will sing her Broadway melodies by Jerry Herman, Irving Berlin, Cy Coleman, Cole Porter, and others. With music direction by Mark Hartman the one-night-only event will celebrate Levine’s legendary life in drag, featuring signature crowd-pleasers and celebrity stories. A friend of Broadway composer Jerry Herman, she shares delicious stories of legends like Ethel Merman and recalls a young Barbra Streisand before she became Barbra Streisand while both performing at the famed singing contests at Greenwich Village’s famed Lion nightclub before her big break at the Bon Soir. Her shows are a mix of music, mischief, and memories of old New York and Fire Island — back when Cherry Grove didn’t even have electricity, but somehow still had better nightlife than most cities today.
Her legendary Fire Island home, Roseland, has hosted its fair share of unforgettable gatherings (and likely a few stories that can’t be printed in a family newspaper), making it a cornerstone of the community’s social scene. Levine splits her time between Manhattan and her summer perch on Fire Island—though audiences across the country are grateful she travels.
In fact, she performs at The Green Room and 54 Below in Manhattan, Cherry Grove in Fire Island, Act 2 and The Palm in Puerto Vallarta, Red Dot Cabaret in Hudson, N.Y., and now Freddie’s in Rehoboth Beach—because retirement, frankly, sounds boring. Her place in the Guinness Book of World Records as the oldest continuously performing drag queen in the world only adds to the legend and gives her bragging rights she fully intends to use.
And now, Rehoboth—consider yourself warned.
Don’t miss Rose Levine live on May 15 at Freddie’s Beach Bar. Dinner begins at 6:30 p.m., with the show at 7 p.m. Come for the cocktails, stay for the stories, and leave wondering how one person can have that many fabulous decades.
Levine’s legacy is defined not only by her remarkable career, but by her ability to connect with audiences across generations—usually while making them laugh, gasp, and occasionally blush. Don’t miss this show.
Federal Government
Senate Democrats press DOJ over anti-trans prison directives
Markey joins other lawmakers in demanding reversal of policies
U.S. Sen. Edward Markey (D-Mass.) is urging acting Attorney General Todd Blanche and William Marshall III, director of the Federal Bureau of Prisons, to reverse a policy affecting transgender inmates that lawmakers say is “endangering” their “health and safety.”
Markey, along with U.S. Sens. Jeffrey A. Merkley (D-Ore.) and Mazie K. Hirono (D-Hawaii), sent the letter that the Washington Blade verified on Monday.
The letter is a direct response to a change in prison policy that went into effect in February 2025, rolling back Biden-era protections for trans inmates. The senators described how President Trump’s Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” forced a policy shift they argue is rooted more in political rhetoric than in medical research or evidence-based correctional practices.
In the letter, the lawmakers wrote “On Feb. 21, 2025, the BOP issued a memo to implement President Trump’s EO, requiring BOP staff to ‘refer to individuals by their legal name or pronouns corresponding to their biological sex,’ banning the use of funds for any ‘items that align with transgender ideology,’ and suspending clothing accommodations, pat search accommodations, and support programs offered to transgender individuals.”
“In a second memo, issued one week later, the BOP banned the use of federal funds for ‘any medical procedure, treatment, or drug for the purpose of conforming an inmate’s appearance to that of the opposite sex.’ These changes have resulted in the denial — or threatened denial — of hormone treatment and gender-affirming accommodations for transgender individuals in BOP custody.”
“On Feb. 19, 2026, the BOP escalated its attacks, issuing a program statement titled, ‘Management of Inmates with Gender Dysphoria.’ It prohibits incarcerated people from receiving gender-affirming care, even if paid for with private funds. This practice forces incarcerated people to discontinue care, regardless of medical recommendations.”
The senators continued, “The agency has repeatedly enacted policies that strip transgender individuals of their gender identity and dignity. This includes requiring staff to refer to transgender individuals by pronouns that ‘align with their biological sex’ rather than gender identity and to confiscate gender-affirming items, such as undergarments, clothing, cosmetics, and wigs.”
“These policies risk triggering mental health crises, including increased suicidality, among incarcerated people with gender dysphoria. The BOP’s repeated guidance to roll back gender-affirming protections — despite a federal court order finding that the BOP’s actions to discontinue gender-affirming care are likely unlawful — generate confusion about the current state of regulations and convey the BOP’s indifference to court orders and the rule of law.”
“By stripping away appropriate medical and psychiatric care, safety protections, and measures to provide dignity, the BOP is exposing transgender individuals to significant harm.”
The Marshall Project, a nonprofit newsroom focused on the U.S. criminal justice system and immigration enforcement through data-driven reporting, also reported on the policy change. The outlet spoke with Shana Knizhnik, an attorney with the American Civil Liberties Union, about the impact of the changes.
“It’s clear that this new policy is a ban on gender affirming healthcare,” Knizhnik, who works for the nationwide chapter of the ACLU said. “This is a policy that disregards the medical needs of our plaintiffs.”
The letter also asked the BOP and the DOJ specific questions regarding why the policy went into effect, as lawmakers suggested the changes appear politically motivated rather than based on new medical evidence regarding treatment for trans inmates.
The senators requested answers to these trans policy-specific questions by May 21, including:
“Does the BOP plan to monitor and assess the impacts of recent policies that eliminate gender-affirming medical and psychiatric care?”
“Since January 20, 2025, how many transgender, nonbinary, intersex, and gender-diverse individuals have been transferred to a different facility to meet the EO’s goal of housing individuals ‘according to their biological sex?’”
“Given that the BOP has stopped enforcing Prison Rape Elimination Act regulations related to gender identity and collecting data on gender identity, how will the BOP protect the physical and emotional health and safety of incarcerated transgender individuals?”
“How does the BOP plan to monitor and assess the impact of eliminating protections against sexual violence for this population?”
“Does the BOP plan to institute a specific process by which transgender individuals may seek assistance or lodge complaints regarding harms they experience from the recent BOP policies and actions implementing President Trump’s EO?”
“Describe the specific criteria the BOP intends to use to determine whether it will allow a ‘social accommodation’ for gender dysphoria.”
Markey also included a personal statement to the Blade explaining why he is using his position on Capitol Hill to push for more information and advocate for reversing the policy.
“This administration continuously shows their contempt for trans people and a total disregard for their rights and humanity. As part of this cruel campaign, the Bureau of Prisons has systematically stripped health care access and basic protections from trans people, abandoning its duty to the people in its custody. I won’t stop fighting until this administration’s hateful anti-trans policies are reversed and trans people’s rights are secured.”
The Blade reached out to the DOJ and the BOP for comment but had not received a response at press time.
Arts & Entertainment
Washington Blade’s Pride on the Pier returns June 13 to kick off D.C. Pride week
Pride on the Pier officially launches Pride Week in D.C.
The Washington Blade’s annual Pride on the Pier celebration returns to The Wharf on Saturday, June 13, 2026 from 4-9 p.m., bringing thousands of LGBTQ community members and allies together for an unforgettable waterfront celebration to kick off Pride week in Washington, D.C.
Now in its eighth year, Washington Blade Pride on the Pier extends the city’s annual celebration of LGBTQ visibility to the bustling Wharf waterfront with an exciting array of activities and entertainment for all ages. The District Pier will offer DJs, dancing, drag, and other entertainment. Alcoholic beverages will be available for purchase for those 21 and older.
“Pride on the Pier has become one of the signature moments of Pride in D.C.,” said Lynne Brown, publisher of the Washington Blade. “There’s nothing like watching our community come together on the waterfront with live music and incredible energy as we kick off Pride week.”
Pride on the Pier is free and open to the public, with VIP tickets available for exclusive pier access to the Dockmaster Building. To purchase VIP tickets visit www.prideonthepierdc.com/vip.
Additional entertainment announcements, sponsor activations, and event details will be released in the coming weeks.
Event Details:
📍 Location: District Pier at The Wharf (101 District Sq SW, Washington, DC)
📅 Dates: Friday, 13, 2026
⏱️ 4-9PM
🎟️ VIP Tickets: www.PrideOnThePierDC.com/VIP
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