News
Perez says ENDA executive order under consideration
Labor sec’y says extending existing directive to protect trans workers ‘under review’

Labor Thomas Perez said the administration continues to “contemplate” the issue of an ENDA executive order. (Washington Blade file photo by Michael Key).
Labor Secretary Thomas Perez said Wednesday the issue of an executive order prohibiting anti-LGBT discrimination among federal contractors is something “we continue to contemplate and work on” as he declined to comment on whether his department could implement the order.
Under questioning by the Washington Blade, Perez said during a surprise appearance at the regular White House news briefing that he’s aware of the long-sought directive to protect workers on the basis of sexual orientation and gender identity.
“I can’t get into what ifs,” Perez said. “I’m certainly aware of the executive order that was proposed that you’re talking about, and the president takes a back seat to no one in his commitment for equal access to opportunity for people regardless of race, religious, sexual orientation or gender identity. And it’s an issue that we continue to contemplate and work on.”
Sources close to the administration have already told the Washington Blade the Labor Department, as well as the Justice Department, have already green-lighted the executive order for the White House.
Also during the briefing, Perez was asked by the Blade whether the Labor Department would apply Executive Order 11246 — the existing directive that prohibits gender discrimination among federal contractors — to transgender workers in the wake of the U.S. Equal Employment Opportunity Commission’s decision two years ago in Macy v. Holder.
“That issue is under review in the aftermath of the Macy decision,” Perez said. “I’ve asked my staff to expedite that review so that we can bring that issue to a conclusion at the Department of Labor.”
Asked when the process of review would come to an end, Perez said, “I’m hoping it will to come to an end as soon as possible.”
As Buzzfeed notes, his comments indicate the Labor Department isn’t currently implementing the existing executive order to protect transgender workers in the same way that Title VII is enforced — even though that law governs the enforcement of the executive order.
Ever since the decision two years ago in Macy v. Holder, which interpreted Title VII of the Civil Rights Act to protect transgender workers from discrimination, the Labor Department previously hasn’t responded to requests for comment on whether it will implement Executive Order 11246 to protect transgender workers.
Buzzfeed published a series of reports saying the Labor Department has refused to comment on whether it would extend the protections via executive order. Most recently, a Buzzfeed reporter was blocked from accessing a news conference with Perez on Monday reportedly because officials didn’t believe he would ask questions relevant to the veterans event.
With regard to a new executive order for both sexual orientation and gender identity, Perez’s remarks that the administration continues to “contemplate” the issue is consistent with White House counselor John Podesta’s remarks that the directive is “under consideration” as well as other hints the order is coming.
But when Reuters’ Jeff Mason followed up during the same briefing on Perez’ “contemplate” comments, White House Press Secretary Jay Carney attempted to tamp them down and reiterated support for legislation known as the Employment Non-Discrimination Act. However, Carney spoke generally about discussions taking place.
“I think what I can say is what I’ve said in the past is that I don’t have updates for you on obviously the discussion in Washington and beyond about that kind of executive action,” Carney said. “What our position is and has been is that we strongly support the Employment Non-Discrimination Act. We note the progress made in the Senate, there’s been movement in the Senate, against some of the conventional wisdom, we’ve seen movement on this.”
Carney concluded, “I just don’t have any update on the discussion around other hypothetical EOs, and I think that’s what Secretary Perez has indicated.”
Asked by Reuters for clarification about whether the media should read any shift from the administration in Perez’s remarks, Carney spoke broadly about “opportunities” under examination.
“I think broadly speaking, the administration looks at all opportunities to advance an agenda that expands opportunity that levels the playing field that sustains the equal opportunity for all that is part of the president’s vision,” Carney said. “That’s a broad matter. On specific, would the president do this executive action or that executive action? That list could be endless, and I don’t have any update for you that kind of proposition.”
Workplace protections issues weren’t the only LGBT matter that came up during the briefing. CBS News’ Major Garrett asked for an update from the White House on Missouri defensive lineman Michael Sam, who recently came out as gay, seeking placement on a team in the NFL.
Carney said since the last White House briefing he talked to President Obama about the development, but didn’t convey whether Obama called Sam as he did with NBA player Jason Collins.
“I don’t have any details on the president’s conversations or phone calls,” Carney said. “I can tell you that I have spoken about this with him and he, like the first lady, like so many others, admires Michael Sam’s courage and believes that the action he’s taken is an important step and looks forward to seeing him playing in the NFL.”
A transcript of the exchanges on workplace issues follow:
Washington Blade: Speaking of executive orders, there’s been a lot of discussion recently about a potential executive order that would bar federal contractors from discriminating on the basis of sexual orientation and gender identity. If the President were to sign such an executive order, could the Labor Department implement it?
Secretary Tom Perez: Well, I can’t get into what-ifs. I’m certainly aware of the executive order that was proposed that you’re talking about. And the President takes a backseat to no one in his commitment for equal access to opportunity for people regardless of race, religion, sexual orientation or gender identity. And it’s an issue that we continue to contemplate and work on.
Blade: On a related note, there’s also been talk about implementing existing order — Executive Order 11246, which prohibits discrimination on the basis of gender, and apply that to transgender workers to prohibit discrimination against them in the wake of Macy v. Holder. Will the Labor Department take that step?
Perez: That issue is under review in the aftermath of the Macy decision. And I’ve asked my staff to expedite that review so that we can bring that issue to conclusion at the Department of Labor.
Washington Blade: When will the review come to an end?
Perez: I’m hoping it will come to an end as soon as possible.
…
Reuters: Jay, two questions. One, I’d like to follow up on something that Secretary Perez said in response to Chris’s question. Is the administration contemplating executive action on LGBT workplace non-discrimination? That was the word that he used.
Jay Carney: Well, I think what I can say to that is what I’ve said in the past, is that I don’t have any updates for you on obviously the discussion in Washington and beyond about that kind of executive action. What our position is and has been is that we strongly support the Employment Non-Discrimination Act. We note the progress made in the Senate, the fact that there’s been movement in the Senate on this, and I think against some of the conventional wisdom we’ve seen movement on this.
On the broader range of issues around LGBT rights, we’ve seen dramatic progress, and we’re going to keep pressing Congress to catch up with the country on these issues. Turning the Employment Non-Discrimination Act into law would be a huge step forward by Congress, and the President looks forward to that happening. But I just don’t have any update on the discussion around other hypothetical EOs, and I think that’s what Secretary Perez was indicating.
Reuters: It wasn’t a hypothetical, so I just wanted to clarify, should we read into that any sort of a shift in the position of maybe going away from just a congressional push back to the possibility of an executive order?
Jay Carney: I think broadly speaking, the administration looks at all opportunities to advance an agenda that expands opportunity, that levels the playing field, that sustains equal opportunity for all that is part of the President’s vision. That’s as a broad matter. On specific — would the President do this executive action or that executive action, I mean, that list could be endless, and I don’t have any update for you on that kind of proposition.
What I can tell you is that it is our policy position that the House ought to and the Congress ought to send the Employment Non-Discrimination Act to the President’s desk so he can sign it into law.
District of Columbia
D.C. police arrest man for burglary at gay bar Spark Social House
Suspect ID’d from images captured by Spark Social House security cameras
D.C. police on Feb. 18 arrested a 63-year-old man “of no fixed address” for allegedly stealing cash from the registers at the gay bar Spark Social House after unlawfully entering the bar at 2009 14th St., N.W., around 12:04 a.m. after it had closed for business, according to a police incident report.
“Later that day officers canvassing for the suspect located him nearby,” a separate police statement says. “63-year-old Tony Jones of no fixed address was arrested and charged with Burglary II,” the statement says.
The police incident report states that the bar’s owner, Nick Tsusaki, told police investigators that the bar’s security cameras captured the image of a man who has frequently visited the bar and was believed to be homeless.
“Once inside, the defendant was observed via the establishment’s security cameras opening the cash register, removing U.S. currency, and placing the currency into the left front pocket of his jacket,” the report says.
Tsusaki told the Washington Blade that he and Spark’s employees have allowed Jones to enter the bar many times since it opened last year to use the bathroom in a gesture of compassion knowing he was homeless. Tsusaki said he is not aware of Jones ever having purchased anything during his visits.
According to Tsusaki, Spark closed for business at around 10:30 p.m. on the night of the incident at which time an employee did not properly lock the front entrance door. He said no employees or customers were present when the security cameras show Jones entering Spark through the front door around 12:04 a.m.
Tsusaki said the security camera images show Jones had been inside Spark for about three hours on the night of the burglary and show him taking cash out of two cash registers. He took a total of $300, Tsusaki said.
When Tsusaki and Spark employees arrived at the bar later in the day and discovered the cash was missing from the registers they immediately called police, Tsusaki told the Blade. Knowing that Jones often hung out along the 2000 block of 14th Street where Spark is located, Tsusaki said he went outside to look for him and saw him across the street and pointed Jones out to police, who then placed him under arrest.
A police arrest affidavit filed in court states that at the time they arrested him police found the stolen cash inside the pocket of the jacket Jones was wearing. It says after taking him into police custody officers found a powdered substance in a Ziploc bag also in Jones’s possession that tested positive for cocaine, resulting in him being charged with cocaine possession in addition to the burglary charge.
D.C. Superior Court records show a judge ordered Jones held in preventive detention at a Feb. 19 presentment hearing. The judge then scheduled a preliminary hearing for the case on Feb. 20, the outcome of which couldn’t immediately be obtained.
District of Columbia
Judge rescinds order against activist in Capital Pride lawsuit
Darren Pasha accused of stalking organization staff, board members, volunteers
A D.C. Superior Court judge on Feb.18 agreed to rescind his earlier ruling declaring local gay activist Darren Pasha in default for failing to attend a virtual court hearing regarding an anti-stalking lawsuit brought against him by the Capital Pride Alliance, the group that organizes D.C.’s annual Pride events.
The Capital Pride lawsuit, initially filed on Oct. 27, 2025, accuses Pasha of engaging in a year-long “course of conduct” of “harassment, intimidation, threats, manipulation, and coercive behavior” targeting Capital Pride staff, board members, and volunteers.
In his own court filings without retaining an attorney, Pasha has strongly denied the stalking related allegations against him, saying “no credible or admissible evidence has been provided” to show he engaged in any wrongdoing.
Judge Robert D. Okum nevertheless on Feb. 6 approved a temporary stay-away order requiring Pasha to stay at least 100 feet away from Capital Pride’s staff, volunteers, and board members until the time of a follow-up court hearing scheduled for April 17. He reduced the stay-away distance from 200 yards as requested by Capital Pride.
In his two-page order issued on Feb. 18, Okun stated that Pasha explained that he was involved in a scooter accident in which he was injured and his phone was damaged, preventing him from joining the Feb. 6 court hearing.
“Therefore, the court finds there is a good cause for vacating the default,” Okun states in his order.
At the time he initially approved the default order at the Feb. 6 hearing that Pasha didn’t attend, Okun scheduled an April 17 ex parte proof hearing in which Capital Pride could have requested a ruling in its favor seeking a permanent anti-stalking order against Pasha.
In his Feb. 18 ruling rescinding the default order Okun changed the April 17 ex parte proof hearing to an initial scheduling conference hearing in which a decision on the outcome of the case is not likely to happen.
In addition, he agreed to consider Pasha’s call for a jury trial and gave Capital Pride 14 days to contest that request. The Capital Pride lawsuit initially called for a non-jury trial by judge.
One request by Pasha that Okum denied was a call for him to order Capital Pride to stop its staff or volunteers from posting information about the lawsuit on social media. Pasha has said the D.C.-based online blog called DC Homos, which Pasha claims is operated by someone associated with Capital Pride, has been posting articles portraying him in a negative light and subjecting him to highly negative publicity.
“The defendant has not set forth a sufficient basis for the court to restrict the plaintiff’s social media postings, and the court therefore will deny the defendant’s request in his social media praecipe,” Okun states in his order.
A praecipe is a formal written document requesting action by a court.
Pasha called the order a positive development in his favor. He said he plans to file another motion with more information about what he calls the unfair and defamatory reports about him related to the lawsuit by DC Homos, with a call for the judge to reverse his decision not to order Capital Pride to stop social media postings about the lawsuit.
Pasha points to a video interview on the LGBTQ Team Rayceen broadcast, a link to which he sent to the Washington Blade, in which DC Homos operator Jose Romero acknowledged his association with Capital Pride Alliance.
Capital Pride Executive Director Ryan Bos didn’t immediately respond to a message from the Blade asking whether Romero was a volunteer or employee with Capital Pride.
Pasha also said he believes the latest order has the effect of rescinding the temporary stay away order against him approved by Okun in his earlier ruling, even though Okun makes no mention of the stay away order in his latest ruling. Capital Pride attorney Nick Harrison told the Blade the stay away order “remains in full force and effect.”
Harrison said Capital Pride has no further comment on the lawsuit.
District of Columbia
Trans activists arrested outside HHS headquarters in D.C.
Protesters demonstrated directive against gender-affirming care
Authorities on Tuesday arrested 24 activists outside the U.S. Department of Health and Human Services headquarters in D.C.
The Gender Liberation Movement, a national organization that uses direct action, media engagement, and policy advocacy to defend bodily autonomy and self-determination, organized the protest in which more than 50 activists participated. Organizers said the action was a response to changes in federal policy mandated by Executive Order 14187, titled “Protecting Children from Chemical and Surgical Mutilation.”
The order directs federal agencies and programs to work toward “significantly limiting youth access to gender-affirming care nationwide,” according to KFF, a nonpartisan, nonprofit organization that provides independent, fact-based information on national health issues. The executive order also includes claims about gender-affirming care and transgender youth that critics have described as misinformation.
Members of ACT UP NY and ACT UP Pittsburgh also participated in the demonstration, which took place on the final day of the public comment period for proposed federal rules that would restrict access to gender-affirming care.
Demonstrators blocked the building’s main entrance, holding a banner reading “HANDS OFF OUR ‘MONES,” while chanting, “HHS—RFK—TRANS YOUTH ARE NO DEBATE” and “NO HATE—NO FEAR—TRANS YOUTH ARE WELCOME HERE.”
“We want trans youth and their loving families to know that we see them, we cherish them, and we won’t let these attacks go on without a fight,” said GLM co-founder Raquel Willis. “We also want all Americans to understand that Trump, RFK, and their HHS won’t stop at trying to block care for trans youth — they’re coming for trans adults, for those who need treatment from insulin to SSRIs, and all those already failed by a broken health insurance system.”
“It is shameful and intentional that this administration is pitting communities against one another by weaponizing Medicaid funding to strip care from trans youth. This has nothing to do with protecting health and everything to do with political distraction,” added GLM co-founder Eliel Cruz. “They are targeting young people to deflect from their failure to deliver for working families across the country. Instead of restricting care, we should be expanding it. Healthcare is a human right, and it must be accessible to every person — without cost or exception.”

Despite HHS’s efforts to restrict gender-affirming care for trans youth, major medical associations — including the American Medical Association, the American Academy of Pediatrics, and the Endocrine Society — continue to regard such care as evidence-based treatment. Gender-affirming care can include psychotherapy, social support, and, when clinically appropriate, puberty blockers and hormone therapy.
The protest comes amid broader shifts in access to care nationwide.
NYU Langone Health recently announced it will stop providing transition-related medical care to minors and will no longer accept new patients into its Transgender Youth Health Program following President Donald Trump’s January 2025 executive order targeting trans healthcare.
