News
Carney defends absence of ENDA in State of the Union
White House spokesperson maintains Obama’s LGBT record ‘crystal-clear’
White House Press Secretary Jay Carney maintained Wednesday that President Obama continues to support the Employment Non-Discrimination Act despite the lack of any mention of the bill in the State of the Union address.
Carney brought up ENDA as one measure Obama continues to push Congress to send to his desk, as well as comprehensive immigration reform, when asked during a press gaggle aboard Air Force One Ā about the extent to which Obama can use his executive authority generally.
Although President Obama didn’t mention ENDA or an executive order barring LGBT discrimination among federal contractors during the State of the Union address on Tuesday, Carney said no president articulates “everything he wants done” during the address and Obama’s record on LGBT rights is “crystal clear.”
“When it comes to the Employment Non-discrimination Act, he is fiercely supportive of that effort, enormously gratified by the fact the Senate took action and very hopeful that the House will follow suit,” Carney said. “Because as I’ve said many times, reflecting his opinion, members of the House who block this are being left at the station as the train moves forward on what would obviously be an America where equal rights are extended to all Americans. So I think his record on LGBT rights is crystal-clear, his position is crystal-clear, and he continues to press Congress to take action on ENDA.”
LGBT advocates ā most notably the Human Rights Campaign ā criticized Obama for failing to include in his address ENDA or the LGBT executive order, saying those measures would have fit well in the speech’s theme of advancing the economy for every American. Additionally, the president’s declaration that would sign an executive order to raise the minimum wage to $10.10 an hour for federal contractors raised questions about why he hasn’t done the same to protect LGBT people from job discrimination.
Although Obama didn’t include a mention of ENDA in his speech, the legislation was included in a fact sheet distributed to reporters prior to the State of the Union address. It said Obama “renews his call for the House” to approve ENDA in the wake of bipartisan passage in the Senate last year.
Despite the White House’s assurance that Obama continues to push for ENDA, passage in the Republican-controlled House faces significant challenges. Just before the transcript of Carney’s remarks were public, the Washington Blade broke a news story that House Speaker John Boehner (R-Ohio) told the LGBT Equality Caucus wouldn’t get done by the year’s end.
The exchange between the reporter and Carney follows:
Q: And on this broad question again of using executive authority, are there particular sectors where you think — having done this assessment — where you think it will be most effective? I mean, obviously you’re very focused on a couple of economic initiatives now, but beyond that, can you just give us a sense of where are the areas where you think the President has the most leverage to do it?
MR. CARNEY: Well, it depends on what kind of use of the pen and the phone you’re asking about. When it comes to executive orders like the one to raise the minimum wage for federal contracts, that depends obviously on analysis of where he has the authority to do things. He has a much broader capacity to lift up and rally support around issues like the need to expand educational opportunity, access to education, or the need to connect skills training to employers.
You saw that with the summit a few weeks ago. Youāve seen it, another use of his authority in the establishment of manufacturing institutes, and he said last night that he intends to create four by the end of the year. And that obviously has enormous beneficial impact on the continued revival of manufacturing in this country.
So I think the opportunities are pretty broad. But we shouldnāt look at what a President can do simply through the prism of what legislation can get passed, nor should we look at what a President can do using the power of his office only through the ability to sign executive orders or presidential memoranda, because another aspect of his office and the authority is not specific to those issues. I want to be clear. This is not — I’m not foreshadowing anything. But obviously, the President did not enumerate everything he wants done and everything he supports in his State of the Union address. No President ever has.
When it comes to the Employment Non-discrimination Act, he is fiercely supportive of that effort, enormously gratified by the fact the Senate took action and very hopeful that the House will follow suit. Because as I’ve said many times, reflecting his opinion, members of the House who block this are being left at the station as the train moves forward on what would obviously be an America where equal rights are extended to all Americans. So I think his record on LGBT rights is crystal-clear, his position is crystal-clear, and he continues to press Congress to take action on ENDA.
More broadly, there is a great opportunity — greater in 2014 than we’ve ever seen — to pass comprehensive immigration reform in a way that meets the principles the President laid out, that reflects the support of one of the most diverse coalitions youāve ever seen behind legislation, including business and labor, law enforcement, faith communities, Republicans and Democrats around the country. And we are hopeful and optimistic that the House will follow the Senateās lead and this year pass comprehensive immigration reform.
The President has made clear that the way to address this issue is through a bill that takes action on security, on making sure everybody is playing by the same set of rules, on reforming our legal immigration system to make sure that all those super-smart people from around the world who come and study in our universities are able to stay here and start businesses in America so that the jobs of the future are here, and that creates a process by which the 11 million undocumented people in America are able to get in line and attain citizenship.
So we remain, as the President said, hopeful and optimistic that there is progress on this important matter. I think Congress will act.
The U.S. has granted asylum to a Guatemalan LGBTQ activist who fled his country in 2019.
Estuardo Cifuentes and his partner ran a digital marketing and advertising business in Guatemala City.
He previously told the Washington Blade that gang members extorted from them. Cifuentes said they closed their business after they attacked them.
Cifuentes told the Blade that Guatemalan police officers attacked him in front of their home when he tried to kiss his partner. Cifuentes said the officers tried to kidnap him and one of them shot at him. He told the Blade that authorities placed him under surveillance after the incident and private cars drove past his home.
Cifuentes arrived in Matamoros, a Mexican border city that is across the Rio Grande from Brownsville, Texas, in June 2019. He asked for asylum in the U.S. based on the persecution he suffered in Guatemala because of his sexual orientation.
The Trump administration forced Cifuentes to pursue his asylum case from Mexico under its Migrant Protection Protocols program that became known as the “remain in Mexico” policy.
Cifuentes while in Matamoros ran Rainbow Bridge Asylum Seekers, a program for LGBTQ asylum seekers and migrants that the Resource Center Matamoros, a group that provides assistance to asylum seekers and migrants in the Mexican border city, helped create.
The Biden-Harris administration in January 2021 suspended enrollment in MPP. Cifuentes entered the U.S. on March 3, 2021.
“We are profoundly relieved and grateful that my husband and I have been officially recognized as asylees in the United States,” Cifuentes told the Blade on Monday in an email. “This result marks the end of a long and painful fight against the persecution that we faced in Guatemala because of our sexual orientation.”
Vice President Kamala Harris is among those who have said discrimination and violence based on sexual orientation are among the root causes of migration from Guatemala and other countries in Central America.
Cifuentes is now the client services manager for Lawyers for Good Government’s Project CorazĆ³n, a campaign that works “hard to reunite and defend the rights of families impacted by inhumane immigration policies.” He told the Blade he will continue to help LGBTQ asylum seekers and migrants.
“In this new chapter of our lives, we pledge to work hard to support others in similar situations and to contribute to the broader fight for the rights and acceptance of the LGBTQ+ migrant community,” said Cifuentes. “We are hopeful that our story will serve as a call to action to confront and end persecution based on gender identity and sexual orientation.”
West Virginia
Appeals court strikes down W.Va. transgender athlete ban
Ruling finds law violates studentsā constitutional rights, Title IX
BY LORI KERSEYĀ | The 4th U.S. Circuit Court of Appeals has struck down West Virginiaās ban on transgender athletes, finding the law violates trans studentsā rights under the Equal Protection Clause of the constitution and Title IX, a federal civil rights law prohibiting discrimination based on sex in education programs.
The case, B.P.J. vs. the West Virginia Board of Education, was filed in May 2021 on behalf of Becky Pepper-Jackson, a 13-year-old trans middle school student and track athlete who would be barred from participating if the ban is upheld. Pepper-Jackson is represented by the American Civil Liberties Union, the American Civil Liberties Union of West Virginia and Lambda Legal.
In April 2021, West Virginia Gov. Jim Justice signed into law a bill prohibiting trans women and girls in the state from participating in sports that align with their gender identity. The U.S. Court of Appeals in February 2023 blocked the state from removing Pepper-Jackson from her schoolās track and field team as legal advocates appealed a lower courtās ruling upholding the ban.
In Tuesdayās ruling, Judge Toby Heytens wrote that offering Pepper-Jackson the āchoiceā between not participating in sports and participating only on boys teams is not a real choice.
āThe defendants cannot expect that B.P.J. will countermand her social transition, her medical treatment, and all the work she has done with her schools, teachers and coaches for nearly half her life by introducing herself to teammates, coaches and even opponents as a boy,ā the judge wrote.
āBy participating on boys teams, B.P.J. would be sharing the field with boys who are larger, stronger, and faster than her because of the elevated levels of circulating testosterone she lacks,ā he wrote. āThe Act thus exposes B.P.J. to the very harms Title IX is meant to prevent by effectively āexclud[ing]ā her from āparticipation inā all non-coed sports entirely.ā
In a statement Tuesday, Joshua Block, senior staff attorney for the ACLUās LGBTQ and HIV Project, called the courtās ruling āa tremendous victory for our client, transgender West Virginians and the freedom of all youth to play as who they are.ā
āIt also continues a string of federal courts ruling against bans on the participation of transgender athletes and in favor of their equal participation as the gender they know themselves to be,ā Block wrote. āThis case is fundamentally about the equality of transgender youth in our schools and our communities and weāre thankful the 4th Circuit agreed.ā
āWe hope todayās ruling sends a message of hope to the trans youth of West Virginia,ā Aubrey Sparks, legal director of the ACLU of West Virginia, said in the statement. āAnd a message of warning to politicians who continue to dehumanize this vulnerable population.ā
West Virginia is one of 21 states that have banned trans student-athletes over the last three years, according to the ACLU.
In a statement Tuesday, West Virginia Attorney General Patrick Morrisey vowed to defend the ban and said he is ādeeply disappointedā in the decision.
āThe Save Womenās Sports Act is āconstitutionally permissibleā and the law complies with Title IX,ā Morrisey said. āI will keep fighting to safeguard Title IX. We must keep working to protect womenās sports so that womenās safety is secured and girls have a truly fair playing field. We know the law is correct and will use every available tool to defend it.ā
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Lori Kersey is a reporter with a decade of experience reporting in West Virginia. She covers state government for West Virginia Watch.
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The preceding article was previously published by the West Virginia Watch and is republished with permission.
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West Virginia Watch is part of States Newsroom, the nationās largest state-focused nonprofit news organization.
News
News is Out, Word In Black and Comcast NBCUniversalĀ welcome 16 journalism fellows to cover Black and LGBTQ+ communities
The fellows will receive best practices, learnings and mentorship from journalists and media professionals at News is Out, Word In Black and NBCUniversal.
Today, News is Out and Word In Black, together announced the 16 fellows selected for The Digital Equity Local Voices Lab, a new initiative powered by Comcast NBCUniversal to place journalists at 16 Black and LGBTQ+ serving news publications across the country. During the year-long fellowship, the group will receive the training and resources needed to tell stories within marginalized communities through media and technology and celebrate the work being done by Black and LGBTQ+ leaders in their communities.
āThrough Project UP, we are proud to donate $1 million to launch this unique, first-of-its-kind program that will support coverage of Black and LGBTQ+ topics in the media as well as emerging journalists with a passion for reporting on issues of importance to these communities,ā said Dalila Wilson-Scott, EVP and Chief Diversity Officer, Comcast Corporation and President, Comcast NBCUniversal Foundation.
āComcast is one of the earliest corporate leaders in LGBTQ+ inclusion, so it should come as no surprise that they understand the value of local LGBTQ+ media,ā said Mark Segal, founder of the Philadelphia Gay News and member of News is Out. āTheir investment in our growth is also an investment in the future leadership of LGBT media and intersectional LGBTQ+ media.ā
The fellows will receive best practices, learnings and mentorship from journalists and media professionals at News is Out, Word In Black and NBCUniversal.Ā In addition, they will report on stories of Black and LGBTQ+ entrepreneurs and creatives in their communities, share training and resources on using technology more in their daily lives, report on policy related to technological access and connectivity, and share the work being done to advance digital equity.
āI am excited to be a part of a fellowship that is specifically geared toward the promotion of diversity, inclusivity and intersectionality,ā said Davi B. Ulloa-Estrada, News is Out and Philadelphia Gay News fellow. āWe are missing such crucial and different perspectives on world issues, so I look forward to being a part of this project.ā
āThis fellowship program is the epitome of what journalism means to me ā using innovation and creativity to fuel a passion for multimedia storytelling and uplift the voice and perspective of the overlooked,ā said Word In Black and Washington Informer fellow, Jada Ingleton. āIt means so much to know that Iāll be in a position to produce stories that could enact change and affect lives the same way generations of journalists impacted mine.āĀ
The Local Media Foundation (LMF) is managing the fellowship and Lab and facilitating content creation to reach diverse audiences between the 16 publishers, Comcast NBCUniversal andĀ NBCU Academy. Word In Black and News is Out are collaboratives that were launched by LMF.Ā
The 16 fellows are:
- Megan Sayles, AFRO News (Baltimore)
- Menra Mapfumo, The Atlanta Voice (Atlanta)
- J.L. Odom, Bay Area Reporter (San Francisco)
- Melissa Whitler, Dallas Voice (Dallas)
- Marlissa Collier, Dallas Weekly (Dallas)
- ReShonda Tate, Houston Defender (Houston)
- Ebony āJJā Curry, Michigan Chronicle (Detroit)
- Leah Mallory, New York Amsterdam News (New York City)
- Davi B. Ulloa-Estrada, Philadelphia Gay News (Philadelphia)
- Christine Shelby, The Sacramento Observer (Sacramento)
- Kira Doyle, Seattle Medium (Seattle)
- Devored Horton, The St. Louis American (St. Louis)
- Victoria F. Vega, Tagg Magazine (National)
- Henry Carnell, Washington Blade (Washington, D.C.)
- Jada Ingleton, The Washington Informer (Washington, D.C.)
- Lu Calzada, Windy City Times (Chicago)
In February, the three organizations announced the launch of The Digital Equity Local Voices Lab and application period. The Lab is part of Project UP, Comcastās $1 billion initiative to connect people to the Internet and advance digital equity and economic mobility through programs and community partnerships that open doors for the next generation of innovators, entrepreneurs, storytellers, and creators across Comcast, NBCUniversal, and Sky.
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