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6 hints that ENDA exec order may be coming

Despite White House comments, evidence exists directive under consideration

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Jay Carney, White House, gay news, Washington Blade
White House Press Secretary, Jay Carney, Gay News, Washington Blade

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 ā€” White House counselor John Podesta’s assertion on Bloomberg TV Ā 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 ā€” and specifically on the Employment Non-Discrimination Act ā€” I think it is overwhelmingly demonstrated that this has the support of the American people across the country,” Carney said. “And as Iā€™ve said again and again, this is ā€” 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 toĀ questioning from the BladeĀ 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.

1. Podesta’s comments the executive order is ‘under consideration’

The stongest evidence is Podesta ā€” a known proponent of U.S. presidents taking executive actionĀ from his previous work heading the Center for American Progress Ā ā€” unequivocally saying just last week the LGBT executive order is “under consideration” when asked about itĀ by Bloomberg News.

ā€œWell, 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,ā€ Podesta said. ā€œThe order that youā€™re talking about is under consideration at the White House. Weā€™re looking at that.ā€

Asked by Bloomberg what Obama is likely to do, Podesta said, ā€œWell, you know, Iā€™m not going to prejudge that.ā€ 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.”Ā The email, dated May 30, 2013, was leaked to the Washington Blade last year.

ā€œI have spoken to people in an attempt to understand better myself what the delay is ā€” and to lobby for its getting done,ā€ Tobias wrote. ā€œThose 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, ā€œBut they got done and this will get done too.ā€œ

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 ā€œwill launch a study to better understand workplace discrimination.ā€

When asked about that quote by the Washington Blade close to the one-year anniversary of that meeting, White House spokesperson Shin Inouye said, ā€œWe continue to study the issue.ā€ Sources familiar with the meeting said Jarrett didnā€™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 ā€” such as its purpose or whether it’s being done as a formal commission or an informal examination ā€” nor say when it’ll be complete.

4. Obama’s 2008 campaign promise

LGBT advocates ā€” including at Freedom to Work and the Human Rights Campaign ā€” 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 ā€” and neither will I,” Obama said. “So wherever and whenever I can take steps without legislation to expand opportunity for more American families, thatā€™s what Iā€™m going to do.ā€

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 ENDAĀ has crossed Obama’s mind.

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Federal Government

Trump-Vance administration removes LGBTQ, HIV resources from government websites

President took similar action shortly after his first inauguration in 2017

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President Donald Trump (Washington Blade photo by Michael Key)

The Trump-Vance administration has “eliminated nearly all LGBTQ and HIV focused content and resources” from WhiteHouse.gov and “key federal agency” websites, GLAAD announced in a press release Tuesday.

Prior to President Donald Trump’s inauguration on Monday, GLAAD had catalogued more than 50 links to LGBTQ- and HIV-related content on White House web pages and on websites for the State Department and the Departments of Education, Justice, Defense, Health and Human Services, and Labor, along with other agencies like the U.S. Equal Employment Opportunity Commission.

As of Tuesday, GLAAD specifically found that terms like ā€œlesbian,ā€ ā€œbisexual,ā€ ā€œgay,ā€ ā€œtransgender,ā€ ā€œsexual orientation,ā€ ā€œgender identity,ā€ and “LGBTQ” are “no longer accessible on WhiteHouse.gov,” while “some LGBTQ-specific pages have been taken down from sites for the Centers for Disease Control, Department of State, and more.”

Among the pages that are no longer accessible on WhiteHouse.gov are anĀ equity reportĀ Ā from July 2021, aĀ fact sheet with information on expanding access to HIV prevention and treatment from March 2024, and information about Pride Month.

Among the entries on federal agency websites that are no longer available are 94 entries for “LGBT Rights” that were once published on the State Department’s site and dozens of links to information and resources on “LGBTQI+ Policy” that were once available on the Department of Labor website.

ā€œPresident Trump claims to be a strong proponent of freedom of speech, yet he is clearly committed to censorship of any information containing or related to LGBTQ Americans and issues that we face,” GLAAD President Sarah Kate Ellis said. “Todayā€™s action proves the Trump administrationā€™s goal of making it as difficult as possible for LGBTQ Americans to find federal resources or otherwise see ourselves reflected under his presidency.”

Ellis added, “Sadly for him, our community is more visible than ever; and this pathetic attempt to diminish and remove us will again prove unsuccessful.ā€

Shortly after Trump’s first presidential inauguration in 2017, the Trump-Pence administration scrubbed the White House and federal government websites of LGBTQ and HIV related content, provoking backlash from LGBTQ advocates.

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Ghana

Ghanaā€™s president says anti-LGBTQ bill ā€˜effectively is deadā€™

Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill passed in 2024

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Ghanaian President John Mahama (Photo via John Mahama's official Instagram account)

Advocacy groups in Ghana have welcomed the demise of a bill that would have further criminalized LGBTQ people and outlawed allyship.

President John Mahama on Jan. 14 said the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill that MP Sam George of Ningo-Prampram co-sponsored in 2021 was essentially dead. Mahama made the remarks to a delegation of bishops from the Ghana Catholic Bishopā€™s Conference.

“If we are teaching our values in schools, we wouldnā€™t need to pass a bill to enforce family values,ā€ said Mahama. ā€œMore than just passing the Family Values Bill, we need to agree on a curriculum that instills these values in our children as they grow.ā€

The president also said that although MPs passed the bill last February, parliament dissolved before former President Nana Akufo-Ado, whose term ended earlier this month, signed it.

“I donā€™t know what the promoters of the bill intend to do, but I think we should have a conversation about it again,ā€ said Mahama. ā€œAs far as I know, the bill did not get to the president. So, the convention is that all bills that are not assented to law before the expiration of the life of parliament, expire. So that bill effectively is dead.ā€

LGBT+ Rights Ghana Communications Director Berinyuy Burinyuy said the president’s remarks offer a glimmer of hope for LGBTQ Ghanaians who have long been subjected to systemic discrimination, fear, and violence.

“For many, the mere suggestion that LGBT+ issues could be addressed through education rather than criminalization represents a significant departure from the traditional legislative path championed by the billā€™s proponents,ā€ said Burinyuy. ā€œThis shift implies a possible opening for dialogue and a more inclusive approach, one that recognizes the need for respect and understanding of diverse sexual identities within Ghanaian society.”

Burinyuy, however, asked about how family values will be incorporated into the educational curriculum.

“Will the curriculum provide a comprehensive, nuanced understanding of human sexuality that respects diversity, or will it risk reinforcing discriminatory attitudes under the guise of cultural preservation?ā€ said Burinyuy. ā€œThe fear, particularly among LGBT+ activists is that the emphasis on education could inadvertently foster homophobia in Ghanaian children. If the content is not carefully structured, it could perpetuate harmful stereotypes and deepen existing prejudices.ā€

“While Mahama may not yet be fully committing to a clear policy direction, his statement leaves open the possibility of a more balanced approach, one that allows for a national conversation on sexual rights without rushing into divisive legislation,ā€ added Burinyuy.

We Are All Ghana said Mahamaā€™s comments are a welcomed approach in addressing anti-LGBTQ sentiments and negative stereotyping.

“We need a holistic educational curriculum for our schools,ā€ said We Are All Ghana. ā€œThe children at least deserve to know the truth. There is nothing worse than half baked information.ā€

Yaw Mensah, an LGBTQ activist, said Mahama is teaching Ghanaians to be tolerant of everyone, regardless of their sexual orientation.

“Mahama is indirectly saying LGBT persons are not Ghanaā€™s problems. Letā€™s teach families values that accept and respect everyone. Ghanaian values should be tolerance, respect, honesty, hardworking, hospitality, and integrity,ā€ said Mensah. ā€œThose need to be taught and not the hate, discrimination, barbarism, greediness, and hypocrisy that we are seeing in many leaders which transcends into the young ones.”

George has yet to comment on Mensahā€™s comments about his bill.

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National

Metaā€™s policy changes ā€˜putting us back in the dark agesā€™

Expert says rolling back hate speech protections threatens queer youth

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Mark Zuckerberg, co-founder and CEO of Meta (Screen capture via Bloomberg Television/YouTube)

LGBTQ advocates have expressed alarm in recent weeks, as Meta has taken steps to undermine protections for queer youth and apparently worked to appease the incoming conservative administration in Washington.

Meta, theĀ parent companyĀ of popular social media and messaging companies Facebook, Instagram, and WhatsApp, is owned by Mark Zuckerberg, who wasĀ once consideredĀ to be an ally of the LGBTQ community.

Two weeks ago, theĀ internetĀ wasĀ afireĀ withĀ discussion of Liv, the now-deleted Instagram profile of a ā€œproud black Queer momma of 2ā€ AI made by Meta as part ofĀ its AI user dreams.Ā 

Then, last week, independent tech journalist Taylor Lorenz revealed that Instagram had beenĀ blocking teensĀ from searching LGBTQ-related content for months.Ā 

This comes as no surprise to Celia Fisher, a professor of Psychology and the Marie Ward Doty University Chair in Ethics at Fordham University who has spent her career studying children and adolescent health, especially for marginalized groups like the LGBTQ community.

When speaking to theĀ Washington BladeĀ in November 2024 onĀ TikTok, Fisher remarked that it was increasingly difficult to research the Meta platforms. Fisher and her team have used advertisements on social media to recruit youth for anonymous surveys for studies. ā€œOne of the advantages of social media is that you can reach a national audience,ā€ she says.

The advertisements are specifically linked to keywords and popular celebrities to reach LGBTQ populations of youth.  When she spoke to the Bladeagain this week, she was not surprised to hear that keywords were being blocked from youth. ā€œNow, there is a major barrier to being able to recruit when you are doing online studies.ā€

It makes her researchā€”which has looked at the mental health of youth online, HIV prevention strategies, and COVID vaccine barriersā€”impossible. ā€œIf Meta prevents researchers from using the platform, then the research canā€™t be done,ā€ she said. 

The search blocks are not just a threat to the research, they are a threat to youth. ā€œHiding those terms from youth means they canā€™t see that there is a community out there. Thatā€™s a tremendous loss, especially for transgender youth,ā€ said Fisher.

Fisher suspects where the restrictions are coming from, not that Zuckerberg has been particularly opaque asĀ he cozies upĀ to the new administration. ā€œI think thereā€™s been a creeping fear on the part of companies not to do anything that might elicit the ire of more conservative politicians,ā€ she said.

A Meta spokesperson toldĀ LorenzĀ that the restriction was a mistake. ā€œItā€™s important to us that all communities feel safe and welcome on Meta apps, and we do not consider LGBTQ+ terms to be sensitive under our policies,ā€ said the spokesperson.

Meta backtracked immediately; the next day the companyĀ removed longstandingĀ anti-LGBTQ hate speech policies.

ZuckerbergĀ announcedĀ large changes to the platform via video in which he sported aĀ $900,000 watch. (More thanĀ 1 in 5Ā LGBTQ adults are living in poverty. More thanĀ 1 in 3Ā transgender adults are living in poverty.)

The changes, which eliminate independent fact-checking for a system similar to Xā€™s ā€œcommunity notes,ā€ have been highly critiqued byĀ journalistsĀ andĀ fact-checking organizations. Many experts see it as aĀ ā€œbowā€Ā to Trump.

Zuckerberg also noted that the platform would ā€œremove restrictions on topics like immigration and gender that are out of touch with mainstream discourse.ā€ HeĀ directly linkedĀ the changes to the recent election.Ā 

Those changes happened quickly. That same day GLAAD, an LGBTQ media monitoringĀ non-profit, reported the changes to the hateful conduct policies. Changes include allowances for calling LGBTQ people mentally ill and the removal of prohibitions against the dehumanization of protected groups, among many. Notably, Metaā€™s guidelines include theĀ right-wing transphobic dog whistle ā€œtransgenderism.ā€Ā 

On Jan. 9, reporting fromĀ The Intercept andĀ Platformer on internal training documents revealed the use of even more slurs. TheĀ t-slurĀ against transgender people is now allowed on the sites with no restrictions. Phrases likeā€”and this is a quoted exampleā€”ā€A trans person isnā€™t a he or she, itā€™s an itā€ are allowed on the sites with no restrictions.

Notably, the training manuals differentiate between different members of the LGBTQ community. For example, The Intercept found that the phrase ā€œLesbians are so stupidā€ would be prohibited while ā€œtrans people are mentally illā€ would not be.

(These training manuals also include permissive use of racist and dehumanizing language for other marginalized groups.)

And then, as a cherry on top, Meta removedĀ DEI programsĀ andĀ deletedĀ the transgender and non-binary Messenger themes, on Jan. 10.

These changes are undeniably bad. Arturo BĆ©jar, a former engineering director at Meta with expertise in online harassment, told theĀ Associated Press,Ā heĀ is horrified by the changes.

ā€œI shudder to think what these changes will mean for our youth, Meta is abdicating their responsibility to safety, and we wonā€™t know the impact of these changes because Meta refuses to be transparent about the harms teenagers experience, and they go to extraordinary lengths to dilute or stop legislation that could help,ā€ he said. 

Fisher, who has researched the effects of hate speech online on LGBTQ youthsā€™ mental health, agrees that the results will be devastating. ā€œWe had many people who said they observed transgender harassment for others or were actually attacked themselves,ā€ said Fisher. ā€œThis prevents people from wanting to come out online and to actually engage in those kinds of online communities that might be helpful to them.ā€

What is happening also confirms LGBTQ youthsā€™ worst fears. ā€œWeā€™ve found that a major concern is that there would be an increased violation of civil rights and increased violence against LGBTQ individuals,ā€ she said.

Fisher, a psychologist, sees this as ā€œputting us back into the dark ages of psychiatry and psychology when LGBTQ individuals were seen as having some kind of a mental health problem or disorder.ā€

Fisher emphasized: ā€œThis kind of misinformation about mental illness is certainly going to be putting transgender people, especially at even greater risk than they were before.ā€

(This story is part of the Digital Equity Local Voices Fellowship lab through News is Out. The lab initiative is made possible with support from Comcast NBCUniversal.)

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