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Perez says ENDA executive order under consideration

Labor sec’y says extending existing directive to protect trans workers ‘under review’

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Thomas Perez, Civil Rights Division, Justice Department, gay news, Washington Blade
Labor Thomas Perez said the administration continues to "contemplate" the issue of an ENDA executive order (Washington Blade file photo by Michael Key).

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.

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2 Comments

2 Comments

  1. Brooks Austin

    February 13, 2014 at 5:59 pm

    The Democrats are playing the LGBT community for fools. They don't care about our rights anymore than the GOP does unless it somehow advances their agenda.

  2. Linda Lee

    February 14, 2014 at 4:34 am

    Way overdue! They should've done it long ago!

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Politics

Pete Buttigieg calls out Tucker Carlson over attack

Fox News host mocked transportation secretary over paternity leave

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U.S. Transportation Secretary Pete Buttigieg (Washington Blade file photo)

Appearing remotely on MSNBC’s Nicolle Wallace’s politics program Friday, U.S. Transportation Secretary Pete Buttigieg called out Fox News host Tucker Carlson for the attack on his parental leave.

“This attack is coming from a guy who has yet to explain his apparent approval for the assassination of Harvey Milk, ” Buttigieg said.

During his Thursday evening program Carlson said, “Pete Buttigieg has been on leave from his job since August after adopting a child—paternity leave, they call it—trying to figure out how to breastfeed. No word on how that went. But now he’s back in office as the transportation secretary and he’s deeply amused, he says, to see that dozens of container ships can’t get into this country.”

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En Espanol

‘Mercenarismo’: El delito que la Seguridad del Estado de Cuba usa para presionar al activista LGBTQ Raúl Soublett

Se realizó la interrogación el 9 de octubre

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Raúl Soublett López ((Foto cortesía de Twitter de María Matienzo)

Tremenda Nota es el socio mediático del Washington Blade en Cuba. Esta nota salió en su sitio web el 9 de octubre.

LA HABANA — El activista LGBTIQ+ Raúl Soublett López fue amenazado este sábado durante una entrevista con la Seguridad del Estado con un proceso penal por “mercenarismo”.

“Cualquier tipo de lucha en #Cuba puede ser criminalizada. A Raúl Soublett López ahora lo quieren procesar por mercenarismo y la notificación se la hace un tipo que tiene tanto miedo que no da ni su nombre real”, denunció la periodista María Matienzo en sus cuentas de Facebook y Twitter.

Según Matienzo, el argumento de la Seguridad del Estado para probar el «mercenarismo» de Raúl Soublett es una serie de videos contra el racismo y la homofobia que produjo el activista.

Al menos uno de esos videos fue publicado por Tremenda Nota.

Camino al Código de las Familias, uno de los videos de Raúl Soublett señalados por la Seguridad del Estado como “mercenarismo”

La Alianza Afro-Cubana, una organización independiente que coordina el propio Soublett, informó este viernes que el activista había sido citado en la mañana del sábado para una entrevista con “agentes de la Seguridad del Estado” en una unidad de policía ubicada en Playa, La Habana.

En coincidencia con la citación, este sábado Raúl Soublett debió asistir a la universidad, donde cursa el último año de una licenciatura en Pedagogía.

María Matienzo advirtió en Facebook que “las citaciones con menos de 72 horas de antelación son ilegales también”.

El mismo día que citaron a Soublett, el presidente Miguel Díaz-Canel se reunió con activistas LGBTIQ+ y funcionarios del Centro Nacional de Educación Sexual (Cenesex). Malú Cano, la coordinadora de la red TransCuba, que fue una de las invitadas, calificó el encuentro como una evidencia de la “voluntad política de avanzar en el reconocimiento de los derechos de las personas LGBTIQ+”.

Matienzo, que también es lesbiana, observó la coincidencia entre ambos incidentes.

“Ante una comunidad #LGTBIQ que se reúne con el poder en #Cuba, quieren procesar al activista @RaulSoublett”, observó en Twitter.

El propio Soublett posteó en Facebook: “Mientras hay activistas LGBTIQ+ que no se les escuchan, que los acosan, los citan para interrogatorios ilegales, en fin. Esa es la Cuba de ponle corazón. Hipócritas”.

El pasado 25 de febrero, Raúl se reunió con la Seguridad del Estado y acabó autoagrediéndose como resultado de la presión.

“Fue interrogado por más de cuatro horas, según me describe las cuatro horas más horribles de su vida, en la cual usaron los más bajos recursos de intimidación, chantaje, coacción y sobre todo mucha violencia tanto psicológica como verbal”, relató en esa ocasión el periodista Héctor Luis Valdés Cocho.

Según el Código Penal vigente en Cuba, el delito de “mercenarismo” consiste en incorporare “a formaciones militares integradas total o parcialmente por individuos que no son ciudadanos del Estado en cuyo territorio se proponen actuar” a cambio de “un sueldo u otro tipo de retribución material”. 

Las sanciones previstas para estos casos son hasta 20 años de cárcel o muerte. 

Un experto en Derecho consultado por Tremenda Nota, que pidió reservar su identidad, considera que “esta amenaza no pasa de ser un recurso de tortura psicológica”.  “Ese delito es improcedente en este caso y eso sería obvio para cualquiera”, añadió. 

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Texas

Texas House approves anti-trans youth sports bill

HB 25 now heads to state Senate

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GenderCool Project leader and Trans activist Landon Richie (Photo courtesy of Landon Richie)

Texas House Republicans were able to push through the anti-trans youth sports measure Thursday evening after hours of emotional and at times rancorous debate, passing the bill in a 76-54 vote along party lines.

Under the provisions of Texas House Bill 25, all trans student athletes in grades K-12 will be prohibited from competing on sports teams aligned with their gender identity. The bill will now head to the Senate, where it is expected to pass.

The Texas Tribune reported that the University Interscholastic League, which governs school sports in Texas, already requires that an athlete’s gender be determined by the sex listed on their birth certificate. Republican Rep. Valoree Swanson, R-Spring, the author of HB 25 has said the bill would simply “codify” existing UIL rules.

However, UIL recognizes any legally modified birth certificates. That policy could accommodate someone who may have had their birth certificate changed to match their gender identity, which can sometimes be an arduous process.

HB 25 would not allow recognition of these legally modified birth certificates unless changes were made because of a clerical error. It’s not clear though how it will be determined if a birth certificate has been legally modified or not. According to the UIL, the process for checking student birth certificates is left up to schools and districts, not the UIL the Tribune reported.

“To say that tonight’s passage of HB 25 is devastating is an understatement. For the past 10 grueling, exhausting, and deeply traumatic months, trans youth have been forced to debate their very existence—only to be met by the deaf ears and averted eyes of our state’s leaders,” Landon Richie, a GenderCool Project leader, University of Houston student and Transactivist told the Washington Blade after the vote.

“Make no mistake: This bill will not only have detrimental impacts on trans youth, who already suffer immense levels of harassment and bullying in schools, but also on cisgender youth who don’t conform to Texas’s idea of ‘male’ or ‘female.’ To trans kids everywhere: you belong, you are loved, you are valued, you are deserving of dignity, respect, care and the ability to live freely as your true and authentic selves, no matter where you are. We will never stop fighting for trans lives and a future where trans kids are unequivocally and unwaveringly celebrated for who they are,” Richie said.

“The cruelty of this bill is breathtaking, and the legislators who are pushing it forward are doing irreparable harm to our state. Texas is a place where people value freedom and respect for diversity. This bill is a betrayal of those cherished values, and future generations will look back on this moment in disbelief that elected officials supported such an absurd and hateful measure,” Shannon Minter, legal director for the National Center for Lesbian Rights told the Blade. “The families of these kids deserve better, and the burden is now on the rest of us to do everything in our power to stop this dangerous bill now,” he added.

During the debate on the measure, state Rep. James Talarico, (D-Round Rock), a former middle school teacher, began his remarks by apologizing to the trans kids and families who have gone to the Capitol time and time again this year. He tells the chamber he speaks now as a legislator, and educator, and a Christian.

He quoted Republican Rep. Valoree Swanson, R-Spring, the author of HB 25 who said “if one girl wins a game, it’s worth it.” He says he has a different moral yardstick. “If one trans kid dies for a trophy, this bill is grotesque.”

He ended speaking to his “fellow believers” in the chamber. “The worst part in these hearings have been in hearing the Bible used against trans kids to support these bills. Even tonight, ‘God’s law’ was used to present an amendment.” He then quoted the first two lines of the Bible, where God is referred to with two different Hebrew words, one masculine/one feminine. “God is non-binary.” He then prevented an interruption in the chamber and continued telling trans kids that he loves them.

Fellow Democratic state Rep. Jessica González, (D-Dallas County), vice-chair of the Texas House LGBTQ Caucus asked the chamber how many trans Texas kids they are willing to hurt. She reminded her fellow representatives that cisgender women and girls will also be hurt by the bill. She shared a personal story about being outed in high school by a friend, having her locker, home, and car vandalized and losing all of her friends. “Kids are cruel.”

González told lawmakers that her brother encouraged her to try out for soccer, and she was bullied with comments like “shouldn’t she be trying out for the boys’ team.” She went from feeling a bit accepted to being an outsider again. She then reflected on carrying those feelings into adulthood and said that this bill will have long-term affects on trans kids. She asked legislators to listen to the stories of the trans kids who have bravely testified, saying kids will contemplate suicide or complete suicide.

Representative Diego Bernal, (D-San Antonio), told the chamber that some representatives can’t wrap their heads around knowing that there is no problem but there is *real* harm to trans kids, and for whatever reason, that’s not enough it seems to stop moving these bills.

He said that he has heard “if they already have mental health issues and suicide ideation, this can’t make it worse” and “if the debate is harming them, let’s just vote.” The he breaks down the Texas statute’s definition of bullying, telling lawmakers, “The bullying statute doesn’t have an intent requirement. It doesn’t matter if you don’t mean to cause them harm. We are bullying these students. Know that by law … our own definitions and our own words, we are. And we don’t have to.”

“Texas lawmakers voted today to deliberately discriminate against transgender children. Excluding transgender students from participating in sports with their peers violates the Constitution and puts already vulnerable youth at serious risk of mental and emotional harm,” Adri Perez, policy and advocacy strategist at the ACLU of Texas said in a statement to the Blade.

“There is no evidence that transgender kids pose any threat. It is indefensible that legislators would force transgender youth and their families to travel to Austin to defend their own humanity, then blatantly ignore hours of testimony about the real damage this bill causes. Trans kids and their families deserve our love and support—they’ve been fighting this legislation for months. Texans will hold lawmakers accountable for their cruelty,” she added.

The statewide LGBTQ+ advocacy group Equality Texas in a tweet after the vote said; ” We will not stop fighting to protect transgender children.” Then added “We’ll continue to educate lawmakers—replacing misinformation with real stories—and demand the statewide and federal nondiscrimination protections we need to prevent further harms.”

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