News
6 hints that ENDA exec order may be coming
Despite White House comments, evidence exists directive under consideration
White House Press Secretary, Jay Carney insists an executive order for LGBT workers is “hypothetical” (Washington Blade photo by Damien Salas).
If you tuned into his daily news conferences, you might get the sense from White House Press Secretary Jay Carney that the administration isn’t actively considering an executive order that would bar federal contractors from discriminating against LGBT workers.
One word that Carney often uses to describe the much sought directive is “hypothetical.”
That’s the word he used on Thursday when asked about the latest piece of evidence the order may be forthcoming — White House counselor John Podesta’s assertion on Bloomberg TV that the executive order is “under consideration.”
“I don’t have any updates on that hypothetical EO; I can tell you that we strongly support action by the House in keeping with what the Senate did to get the Employment Non-Discrimination Act passed into law,” Carney said.
Speaking more to the point of Podesta’s assertion about an LGBT directive, Carney said “we look at and consider a lot things,” which neither confirms nor denies the directive is being discussed in the West Wing.
Instead, Carney took the opportunity to highlight President Obama’s support for ENDA, legislation that would bar employers from discriminating against or firing LGBT workers.
“If you look at the data on this issue — and specifically on the Employment Non-Discrimination Act — I think it is overwhelmingly demonstrated that this has the support of the American people across the country,” Carney said. “And as I’ve said again and again, this is — history is moving on this issue in the right direction, and opposing these kinds of things means finding yourself on the wrong side of history.”
The Senate passed ENDA on a bipartisan basis in September by a 64-32 vote. But the bill has seen no movement in the House, where Speaker John Boehner (R-Ohio) has continually said he opposes it. Last week, the Washington Blade reported that Boehner told the LGBT Equality Caucus there’s “no way” ENDA will get done this year.
Carney’s characterization of the executive order as hypothetical is riling at least one LGBT advocate, Freedom to Work’s Tico Almeida, who continues to say the directive is anything but hypothetical.
“There was nothing hypothetical about President Obama’s campaign promise to the LGBT community that he would take executive action to combat workplace discrimination at federal contractors,” Almeida told the Blade. “We’ll keep pushing until these workplace protections become a reality. It’s long past time to sign.”
It’s not the first time in recent memory the White House referred to the order as hypothetical. Just last week, he referred to the order as “hypothetical” in response to questioning from the Blade that ended testily.
After the conclusion of the briefing on Thursday, the Washington Blade shouted out to Carney: If the executive order were under consideration would you say so publicly? The White House spokesperson gave no response.
Evidence exists the White House is internally engaged in a process that would likely lead to President Obama signing the executive order. The Washington Blade has identified six hints the order is forthcoming despite the lack of updates in the White House briefing room.
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1. Podesta’s comments the executive order is ‘under consideration’
The stongest evidence is Podesta — a known proponent of U.S. presidents taking executive action from his previous work heading the Center for American Progress — unequivocally saying just last week the LGBT executive order is “under consideration” when asked about it by Bloomberg News.
“Well, what he said in the State of the Union was he was going to require federal contractors to pay a minimum wage of $10.10,” Podesta said. “The order that you’re talking about is under consideration at the White House. We’re looking at that.”
Asked by Bloomberg what Obama is likely to do, Podesta said, “Well, you know, I’m not going to prejudge that.” Podesta said there’s no good case for workplace discrimination.
2. DNC Treasurer e-mail saying ‘process’ holding up directive
Along those lines is an e-mail from Andy Tobias, treasurer of the Democratic National Committee, to LGBT donors on an off-the-record listserv indicating everyone in the administration is in favor of the executive order and the only thing holding it up is a “process.” The email, dated May 30, 2013, was leaked to the Washington Blade last year.
“I have spoken to people in an attempt to understand better myself what the delay is — and to lobby for its getting done,” Tobias wrote. “Those people have left me satisfied that our frustration is heard, that the hold-up is not staffers who oppose our rights but a process that is broader than just this one very important and long delayed agenda item.”
Tobias, who’s gay, indicates later in the email he’s convinced the order will happen at some point, noting other LGBT achievements and saying, “But they got done and this will get done too.“
3. White House continues to ‘study’ issue
In April 2012, when Senior Adviser to the President Valerie Jarrett met with LGBT advocates and told them the executive order wouldn’t happen at this time, one media report suggested forward movement was still happening.
ThinkProgress published a piece quoting Winnie Stachelberg, vice president of external relations at the Center for American Progress, saying instead of issuing the order the White House Council of Economic Advisers “will launch a study to better understand workplace discrimination.”
When asked about that quote by the Washington Blade close to the one-year anniversary of that meeting, White House spokesperson Shin Inouye said, “We continue to study the issue.” Sources familiar with the meeting said Jarrett didn’t say CEA would conduct the study, but noted there are multiple approaches and gave CEA as an example.
The White House has since declined to give more detail on the nature of the study — such as its purpose or whether it’s being done as a formal commission or an informal examination — nor say when it’ll be complete.
4. Obama’s 2008 campaign promise
LGBT advocates — including at Freedom to Work and the Human Rights Campaign — continue to say President Obama promised to sign the executive order when competing against Hillary Clinton for the Democratic nomination for president.
Their evidence it’s a campaign promise: an apparent 2008 questionnaire from the GLBT Houston Political Caucus that emerged in 2012 during Obama’s re-election campaign. Although it says nothing explicit about an executive order, Obama was asked if he supports a formal written policy against LGBT discrimination for federal contractors. The response was simply “yes.”
The White House has dodged when asked to comment on whether the president believes the order is a campaign promise. Noel Freeman, current president of the caucus, told the Blade he’s unable to verify the authenticity of the questionnaire.
5. Labor, Justice departments OK exec order: sources
Back when the idea of an executive order was gaining ground prior to the 2012 election, sources close to the administration told the Blade the Labor and Justice departments had green-lighted the directive, saying it could be implemented if the president signed it.
U.S. Attorney General Eric Holder is slated to give the keynote address at the Human Rights Campaign’s gala in New York City on Saturday. The content of his speech is thus far under wraps, but given the Justice Department’s work on this issue, it’s not outside the realm of possibility that he’ll make an announcement regarding the executive order.
6. Obama saying he’ll use his pen if Congress fails to act
The last piece of evidence suggesting an order may be forthcoming: President Onama’s declaration during the State of the Union address that he’ll take executive action if Congress refuses to act on his agenda.
“America does not stand still — and neither will I,” Obama said. “So wherever and whenever I can take steps without legislation to expand opportunity for more American families, that’s what I’m going to do.”
Obama has already acted on this threat by pledging to sign an executive order requiring federal contractors to pay employees a minimum wage of $10.10 an hour.
Given the media attention on the LGBT executive order, it stands to reason that issuing the order if Congress doesn’t move forward with ENDA has crossed Obama’s mind.
District of Columbia
‘Queer Love’ campaign launched to address domestic violence
D.C. event set for LGBTQ+ Domestic Violence Awareness Day on May 28
The D.C.-based Wanda Alston Foundation, which provides housing and support services for homeless LGBTQ youth, announced earlier this month that it has joined partner organizations to launch a Queer Love Shouldn’t Hurt campaign aimed at addressing domestic violence within the LGBTQ community.
In a May 18 statement, the Alston Foundation said the campaign involves a public awareness initiative leading up to LGBTQ+ Domestic Violence Awareness Day scheduled for May 28.
“Domestic and family violence in LGBTQ+ communities is real and too often invisible,” Cesar Toledo, the Alston Foundation’s executive director, said in the statement. “As a community, we do not talk about it enough, and that silence can leave survivors feeling isolated and alone,” he said. “We must break that silence.”
He added that culturally competent care for those impacted by domestic violence is available through a newly launched website, queerlove.org, “where people can safely access vital resources, educational toolkits, and support networks they need on their healing journey.”
The website announces one of the project’s first events, a Queer Love Community Social, was scheduled for Thursday, May 28, from 6-8 p.m. at the D.C. LGBTQ+ Community Center at 1827 Wiltberger St., N.W.
“Join us this LGBT+ Domestic Violence Awareness Day for a community social dedicated to visibility and survivor resilience,” the website statement says. “Let’s gather to strengthen our bonds, honor the path to healing, and share free resources,” it says of the May 28 event.
The website also announces a June 1 workshop called Empowering Survivors of LGBTQ+ Intimate Partner Violence, which it says will be presented by Jesse Wedell, an official with the D.C. LGBT+ Counseling Collaborative. The website provides an online form to register for the workshop upon which its location would be disclosed.
It identifies the partner organizations working with the Alston Foundation on the Queer Love Public Awareness Campaign as the LGBT+ Counseling Collaborative, Whitman-Walker Health, the D.C. LGBTQ+ Community Center, and Equality Chamber.
The resources and information provided by the project can be accessed at www.queerlove.org.
2026 Midterm Elections
Ken Paxton wins Texas Republican primary runoff
LGBTQ rights opponent will face Democrat James Talarico in November
Attorney General Ken Paxton won the Republican Senate primary in Texas on Tuesday, ousting incumbent U.S. Sen. John Cornyn.
Paxton won the primary against the four-term incumbent in large part due to President Donald Trump’s endorsement. Despite Cornyn voting with Trump more than 90 percent of the time, political insiders say being supportive isn’t enough to win Trump’s endorsement anymore — Republican candidates need to embrace the full MAGA image, something Paxton has done.
Paxton has served as Texas attorney general since 2015 and, before that, worked as a Texas state representative. He has approached both roles with what LGBTQ activists call a “consistently Anti-LGBTQ+ Record.” Following the landmark U.S. Supreme Court decision in Obergefell v. Hodges — the case that made same-sex marriage the law of the land — Paxton advised Texas county clerks they could refuse marriage licenses to same-sex couples on religious grounds.
His anti-LGBTQ crusade doesn’t stop at fighting against marriage equality.
Paxton has repeatedly demanded medical records for transgender youth in multiple states — including Texas, Georgia, and Washington — in hopes of making the practice illegal. His anti-trans actions go far past medical records. Paxton issued an opinion barring trans Texans from changing the sex on their driver’s licenses and birth certificates, claiming any changes made were “unlawfully altered,” and helped the DOJ reach an agreement with a Texas’s children’s hospital for providing minors gender-affirming care, eventually leading to a 10 million dollar settlement. He also authored a non-legally binding opinion equating gender-affirming healthcare for youth to child abuse.
In addition to his long history of anti-LGBTQ policy in the Lone Star State, Paxton is no stranger to controversy.
Multiple impeachment efforts brought against him in the state House of Representatives for “abuse of office” — with the state Senate later acquitting him — allegations that he used his office to assist large campaign donors, namely Nate Paul, and a widely publicized separation from his wife, state Sen. Angela Paxton, all impacted his run for the U.S. Senate seat — but not enough to keep him from the office.
Lynne Bowman, vice president of campaigns at the Human Rights Campaign, issued a statement following the announcement of Paxton’s primary win.
“Texans have a clear choice this fall, and an opportunity to reject failed policies that hurt all families,” Bowman sent to the Blade via email. “Ken Paxton is so out of step that he has fought to undercut marriage equality and spent time demanding personal medical records for young people who do not even live in Texas, all while becoming the most corrupt politician in America. The more than 2 million Equality Voters in Texas will send him packing.”
Paxton will face off against Democratic hopeful and vocal Trump critic James Talarico in the fall.
Talarico, who won the Democratic primary in April against Congresswoman Jasmine Crockett, has been a vocal supporter of LGBTQ rights, citing his ministry work as the source of his support for the community.
The race for Texas’s Senate seat will be decided on Nov. 3.
China
China’s top court acknowledges anti-LGBTQ discrimination
Postgraduate student petitioned for legal clarification
China’s Supreme People’s Court on May 8 issued a rare response to a petition involving LGBTQ discrimination.
In a surprising response; it discussed sexual orientation, gender identity, and gender expression. The response also mentioned workplace discrimination, public humiliation, and school bullying, language considered uncommon from China’s legal system.
The response stemmed from a proposal submitted by a postgraduate student in Qingdao through China’s xinfang petition system on March 25, urging the court to establish clearer judicial standards against discrimination based on sexual orientation and gender identity. Six weeks later, the Supreme People’s Court Research Office issued a written reply.
The Research Office is an internal legal and policy body within the Supreme People’s Court. It studies legal issues, drafts judicial guidance, and responds to legal inquiries submitted through official channels. Its responses do not carry the same legal weight as a judicial interpretation or court ruling.
“The opinions and suggestions you raised are of great value,” reads a translated version of the Supreme People’s Court Research Office response. “In order to thoroughly implement the Constitution, Civil Code, Employment Promotion Law and other legal provisions, and effectively protect citizens’ personality rights from infringement, the Supreme People’s Court has guided local courts at all levels to handle a number of related cases, and through typical cases and other forms has clarified adjudication rules.”
The response stated that courts may determine public insults, defamation and, discriminatory conduct targeting sexual orientation, gender identity and gender expression as infringement of personality rights. It also said employers treating individuals differently in hiring, employment, transfer or dismissal based on those characteristics could face employment discrimination claims. Schools could also bear legal responsibility for improper discipline or bullying involving students based on sexual orientation, gender identity and gender expression, according to the response.
“It’s not a systematic change from the authorities recognizing LGBTQ rights,” said Renn Hao, an LGBTQ activist in China. “However, it’s an informal statement from the Supreme Court. According to a scholar researching LGBTQ legal cases in China, courts are recognizing more cases involving LGBTQ discrimination and same-sex partners through their verdicts.”
China decriminalized consensual same-sex sexual relations in 1997 and removed homosexuality from the country’s list of mental disorders four years later. Chinese law, however, does not recognize same-sex relationships.
Public advocacy involving LGBTQ issues also remains tightly controlled. Authorities in recent years have continued restricting community organizing, public events, and online expression involving sexual minorities.
Discussions involving LGBTQ issues are also frequently censored on Chinese social media platforms.
Activists and advocacy groups say Chinese authorities in recent years have removed online content, shut down LGBTQ student group accounts and restricted public discussion involving sexual minority issues. After the Supreme People’s Court response began circulating online, related posts and articles were also removed from some Chinese platforms.
“It may still be too early to fully assess the long-term impact, as this development has only just happened and the situation is still unfolding,” said Xiaogang Wei, a Beijing-based LGBTQ rights activist, filmmaker, and founder of the China Rainbow Collective Foundation. “Although the reply is not legally binding, it represents a rare form of institutional acknowledgment of SOGIE-related discrimination in China. For Chinese LGBTQ people and advocates, this could become a meaningful reference point for future legal advocacy, public communication, and community awareness.”
Wei said the rapid removal of related posts and articles limited the development’s broader public impact and underscored how fragile LGBTQ visibility remains in China.
“This is why we believe it is important to continue sharing verified information and ensuring that this development is not erased from public understanding,” Wei said.
Chinese courts in recent years have also heard a number of LGBTQ-related employment discrimination cases, despite the absence of explicit nationwide protections based on sexual orientation or gender identity. In one notable case, the Supreme People’s Court in 2018 formally recognized “equal employment rights disputes” as a legal cause of action, allowing some discrimination-related cases to proceed through the courts.
Chinese courts have previously handled several LGBTQ-related disputes involving employment discrimination, custody, and so-called conversion therapy. In 2024, a Beijing court drew attention after recognizing visitation rights for a child involving a same sex couple, a decision activists described as a milestone for LGBTQ families in China.
‘How to Survive a Plague’ screens June 5
‘Queer Love’ campaign launched to address domestic violence
Ken Paxton wins Texas Republican primary runoff
China’s top court acknowledges anti-LGBTQ discrimination
