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Will new voices call on Obama to sign ENDA exec order?

New letter gives Dem leaders, Republicans chance to seek action

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Debbie Wasserman Schultz, DNC, Democratic National Committee, Lesbian Leadership Council, gay news, Washington Blade
Debbie Wasserman Schultz, DNC, Democratic National Committee, Lesbian Leadership Council, gay news, Washington Blade

DNC Chair Debbie Wasserman Schultz is among those who haven’t articulated support for an ENDA executive order. (Washington Blade file photo by Michael Key)

A new letter is being circulated among members of Congress urging President Obama to sign an executive order barring discrimination against LGBT workers, raising questions about whether pro-gay lawmakers who have previously made no explicit calls for the directive will take the opportunity to do so.

Key members of the Democratic leadership have yet to call for the executive order as have Republicans who’ve already articulated support for the Employment Non-Discrimination Act, legislation that would bar workplace discrimination against LGBT people.

The letter that’s being circulated among lawmakers calls on Obama to sign the order in the wake of his declaration that 2014 will be a “Year of Action” through administrative means if Congress doesn’t act on his legislative agenda.

“As we continue to work towards final passage of the Employment Non-Discrimination Act (ENDA) with strong bipartisan support, we urge you to take action now to protect millions of workers across the country from the threat of discrimination simply because of who they are or who they love,” the letter states.

A source familiar with the letter said the opportunity to sign it would close at the end of Monday.

Although this is the first letter intended to include signatures from members of both the House and Senate, it’s not the first time lawmakers signed letters calling for the executive order. Last year, 110 House Democrats signed a letter seeking the directive and 37 senators signed a letter to that effect.

But neither of those letters included names of lawmakers in Democratic leadership or Republicans — even though many had previously articulated support for the executive order or ENDA in some capacity. The newly circulated letter presents an opportunity for those lawmakers to augment the call with powerful voices and create a bipartisan effort to push Obama to take administrative action to protect LGBT workers from discrimination.

The top members of the House Democratic Caucus — House Minority Leader Nancy Pelosi (D-Calif.), House Minority Whip Steny Hoyer (D-Md.) and Assistant House Minority Leader Jim Clyburn (D-Calif.) — each refrained from signing the House version of the letter in 2013. None of the offices for those lawmakers responded to the Washington Blade’s request to comment on whether they’d sign the letter this time around.

[UPDATE: Mariel Saez, a Hoyer spokesperson, told the Washington Blade on Monday following the initial publication of this article that the Democratic Whip “is signing onto the letter.”]

Even though she didn’t sign the letter, Pelosi has been on the record in support of the executive order since 2011, when the Blade asked her during her weekly news conference if she’d support that action. She also said Obama “of course” should sign the directive in January when speaking with The Huffington Post.

Clyburn was quoted as saying by The Huffington Post he feels “very strongly” that Obama should sign the executive order just months ago, reportedly adding “I don’t know where I would be today if the executive order had not been used to get rid of slavery.” The Blade is unaware of any public comments from Hoyer on the LGBT executive order.

At the time the 2013 letter was made public, Pelosi’s office cited a policy that she refrains from signing group letters because of her position in Democratic leadership. However, she had earlier signed her name to letters seeking action from the administration to help bi-national same-sex couples in addition to signing amicus briefs calling on federal courts to strike down the Defense of Marriage Act.

[UPDATE #2: Following publication of this article, Drew Hammill, a Pelosi spokesperson, said his boss won’t sign the letter currently being circulated, noting she rarely signs group letters, and said she’ll instead take her own course of action.

“Leader Pelosi has publicly expressed support for this executive order and will be sending her own private letter to the President on this matter,” Hammill said.]

Also conspicuously absent from the 2013 letter is Rep. Debbie Wasserman Schultz, who also serves as chair of the Democratic National Committee and is known for her support of LGBT rights. In the past week, she’s announced the DNC would form a lesbian leadership council and hired a gay operative as the DNC’s national political director.

Neither Wasserman Schultz’s congressional office in D.C. nor the DNC responded to the Blade’s request for comment on whether she’d sign the letter this time around.

In January, Wasserman Schultz told The Huffington Post she broadly supports the idea of Obama using his executive authority, but refused to say whether that principle applies to an executive order for LGBT workers.

Wasserman Schultz’s name was also absent from letters seeking support of bi-national same-sex couples. At the time one letter was signed in 2011, Wasserman Schultz told reporters during an Immigration Equality fundraiser she supported the action, but didn’t feel comfortable making demands on the administration because of her position in the DNC.

“Given that I’m the chair of the DNC, it’s a little odd for me to be asking the administration to do specific things,” Wasserman Schultz said at the time. “So I personally support it, but because I’m also the political voice of the president, asking the president to do things publicly can get a little awkward.”

On the Senate side, Senate Majority Leader Harry Reid (D-Nev.) also didn’t sign his chamber’s version of the letter in 2013. His office didn’t respond to a request for comment on whether he’ll add his name this time around.

Reid has offered a nuanced position on the executive order. In February, he told The Huffington Post, “If the president decides to do it, I’d be in favor of it.”

But on either the letter signed by the House or the Senate in 2013, not a single Republican signed their name. If a single one did so this time around, it would represent the first time that a Republican lawmaker had called on Obama to sign an executive order.

None of the offices of 10 Republican senators who voted for ENDA on the Senate floor responded to a request for comment on the letter. Those are Sens. Kelly Ayotte (R-N.H.), Susan Collins (R-Maine), Jeff Flake (R-Ariz.), Orrin Hatch (R-Utah), Dean Heller (R-Nev.), Mark Kirk (R-Ill.), John McCain (R-Ariz.), Lisa Murkowski (R-Alaska), Rob Portman (R-Ohio) and Pat Toomey (R-Pa.).

Despite being an original co-sponsor of ENDA, Kirk has previously spoken against an executive order prohibiting federal contractors from discriminating against LGBT workers.

“If we load executive order upon executive order, all of which would be wiped out the day after the president of the other party takes power, you really haven’t advanced the ball much,” Kirk said in 2011. “That’s why the legislation is absolutely necessary.”

In the House, six Republicans co-sponsor ENDA: Reps. Ileana Ros-Lehtinen (R-Fla.), Richard Hanna (R-N.Y.), Charlie Dent (R-Pa.), Michael Grimm (R-N.Y.), Chris Gibson (R-N.Y.) and Jon Runyan (R-N.J.).

According to the Huffington Post, Ros-Lehtinen has said she doesn’t support the executive order. Of those six Republicans, only Dent’s office responded to the Blade’s request to comment on the letter, and the response was negative.

“Congressman Dent believes that the regular legislative process is the best way to proceed in making this critical legislation outlawing workplace discrimination the law of the land,” said Dent spokesperson Shawn Millan.

Gregory Angelo, executive director of the Log Cabin Republicans, said he doesn’t know whether Republicans will sign the letter, but hopes to see some GOP names calling for the executive order.

“I’m not going to engage in speculation, but with declared GOP support for ENDA among House members of both the House and Senate, I would hope to see some Republican representation on any letter holding the president accountable to a promise he made to Americans six years ago,” Angelo said.

Neither the LGBT Equality Caucus, which is handling circulation of the letter in the House, nor the office of ENDA’s chief sponsor in the Senate Jeff Merkley (D-Ore.), which is handling it in the Senate, responded to the Blade’s request for comment over the weekend about expected signers of the letter.

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Pennsylvania

Erica Deuso elected as Pa.’s first openly transgender mayor

‘History was made.’

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Erica Deuso (Photo courtesy of LPAC)

Erica Deuso will become the first openly transgender mayor in Pennsylvania.

Voters in Downingtown elected Deuso on Tuesday with 64 percent of the vote, according to the Philadelphia Inquirer. The Democrat ran against Republican Richard Bryant.

Deuso, 45, currently works at Johnson & Johnson and has lived in Downingtown since 2007. The mayor-elect is originally from Vermont and graduated from Drexel University.

Deuso released a statement following her election, noting that “history was made.”

“Voters chose hope, decency, and a vision of community where every neighbor matters,” Deuso stated. “I am deeply honored to be elected as Pennsylvania’s first openly transgender mayor, and I don’t take that responsibility lightly.”

According to a LGBTQ+ Victory Institute report released in June, the U.S. has seen a 12.5 percent increase in trans elected officials from 2024 to 2025. Still, Deuso’s campaign did not heavily focus on LGBTQ policy or her identity. She instead prioritized public safety, environmental resilience, and town infrastructure, according to Deuso’s campaign website.

Deuso has served on the boards of the Pennsylvania Equality Project, PFLAG West Chester/Chester County, and Emerge Pennsylvania, according to the LGBTQ+ Victory Fund. She is also an executive member of the Chester County Democratic Committee.

“This victory isn’t about one person, it’s about what happens when people come together to choose progress over fear. It’s about showing that leadership can be compassionate, practical, and focused on results. Now the real work begins, building a Downingtown that is safe, sustainable, and strong for everyone who calls it home,” Deuso said.

Downingtown has a population of more than 8,000 people and is a suburb of Philadelphia. The town’s current mayor, Democrat Phil Dague, did not seek a second term.

Janelle Perez, the executive director of LPAC, celebrated Deuso’s victory. The super PAC endorses LGBTQ women and nonbinary candidates with a commitment to women’s equality and social justice, including Deuso.

“Downingtown voters delivered a resounding message today, affirming that Erica represents the inclusive, forward-looking leadership their community deserves, while rejecting the transphobic rhetoric that has become far too common across the country,” Perez said. “Throughout her campaign, Erica demonstrated an unwavering commitment to her future constituents and the issues that matter most to them. LPAC is proud to have supported her from the beginning of this historic campaign, and we look forward to the positive impact she will have as mayor of Downingtown.”

Deuso will be sworn in as mayor on Jan. 7.

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U.S. Supreme Court

LGBTQ legal leaders to Supreme Court: ‘honor your president, protect our families’

Experts insist Kim Davis case lacks merit

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Protesters outside of the Supreme Court fly an inclusive Pride flag in December 2024. (Washington Blade Photo by Michael Key)

The U.S. Supreme Court considered hearing a case from Kim Davis on Friday that could change the legality of same-sex marriage in the United States.

Davis, best known as the former county clerk for Rowan County, Ky., who defied federal court orders by refusing to issue marriage licenses to same-sex couples — and later, to any couples at all — is back in the headlines this week as she once again attempts to get Obergefell v. Hodges overturned on a federal level.

She has tried to get the Supreme Court to overturn this case before — the first time was just weeks after the initial 2015 ruling — arguing that, in her official capacity as a county clerk, she should have the right to refuse same-sex marriage licenses based on her First Amendment rights. The court has emphatically said Davis, at least in her official capacity as a county clerk, does not have the right to act on behalf of the state while simultaneously following her personal religious beliefs.

The Washington Blade spoke with Karen Loewy, interim deputy legal director for litigation at Lambda Legal, the oldest and largest national legal organization advancing civil rights for the LGBTQ community and people living with HIV through litigation, education, and public policy, to discuss the realistic possibilities of the court taking this case, its potential implications, and what LGBTQ couples concerned about this can do now to protect themselves.

Loewy began by explaining how the court got to where it is today.

“So Kim Davis has petitioned the Supreme Court for review of essentially what was [a] damages award that the lower court had given to a couple that she refused a marriage license to in her capacity as a clerk on behalf of the state,” Loewy said, explaining Davis has tried (and failed) to get this same appeal going in the past. “This is not the first time that she has asked the court to weigh in on this case. This is her second bite at the apple at the U.S. Supreme Court, and in 2020, the last time that she did this, the court denied review.”

Davis’s entire argument rests on her belief that she has the ability to act both as a representative of the state and according to her personal religious convictions — something, Loewy said, no court has ever recognized as a legal right.

“She’s really claiming a religious, personal, religious exemption from her duties on behalf of the state, and that’s not a thing.”

That, Loewy explained, is ultimately a good thing for the sanctity of same-sex marriage.

“I think there’s a good reason to think that they will, yet again, say this is not an appropriate vehicle for the question and deny review.”

She also noted that public opinion on same-sex marriage remains overwhelmingly positive.

“The Respect for Marriage Act is a really important thing that has happened since Obergefell. This is a federal statute that mandates that marriages that were lawfully entered, wherever they were lawfully entered, get respect at the federal level and across state lines.”

“Public opinion around marriage has changed so dramatically … even at the state level, you’re not going to see the same immediate efforts to undermine marriages of same-sex couples that we might have a decade ago before Obergefell came down.”

A clear majority of U.S. adults — 65.8 percent — continue to support keeping the Obergefell v. Hodges decision in place, protecting the right to same-sex marriage. That support breaks down to 83 percent of liberals, 68 percent of moderates, and about half of conservatives saying they support marriage equality. These results align with other recent polling, including Gallup’s May 2025 estimate showing 68 percent support for same-sex marriage.

“Where we are now is quite different from where we were in terms of public opinion … opponents of marriage equality are loud, but they’re not numerous.”

Loewy also emphasized that even if, by some chance, something did happen to the right to marry, once a marriage is issued, it cannot be taken back.

“First, the Respect for Marriage Act is an important reason why people don’t need to panic,” she said. “Once you are married, you are married, there isn’t a way to sort of undo marriages that were lawfully licensed at the time.”

She continued, explaining that LGBTQ people might feel vulnerable right now as the current political climate becomes less welcoming, but there is hope — and the best way to respond is to move thoughtfully.

“I don’t have a crystal ball. I also can’t give any sort of specific advice. But what I would say is, you know, I understand people’s fear. Everything feels really vulnerable right now, and this administration’s attacks on the LGBTQ community make everybody feel vulnerable for really fair and real reasons. I think the practical likelihood of Obergefell being reversed at this moment in time is very low. You know, that doesn’t mean there aren’t other, you know, case vehicles out there to challenge the validity of Obergefell, but they’re not on the Supreme Court’s doorstep, and we will see how it all plays out for folks who feel particularly concerned and vulnerable.”

Loewy went on to say there are steps LGBTQ couples and families can take to safeguard their relationships, regardless of what the court decides. She recommended getting married (if that feels right for them) and utilizing available legal tools such as estate planning and relationship documentation.

“There are things, steps that they can take to protect their families — putting documentation in place and securing relationships between parents and children, doing estate planning, making sure that their relationship is recognized fully throughout their lives and their communities. Much of that is not different from the tools that folks have had at their disposal prior to the availability of marriage equality … But I think it behooves everyone to make sure they have an estate plan and they’ve taken those steps to secure their family relationships.”

“I think, to the extent that the panic is rising for folks, those are tools that they have at their disposal to try and make sure that their family and their relationships are as secure as possible,” she added.

When asked what people can do at the state and local level to protect these rights from being eroded, Loewy urged voters to support candidates and initiatives that codify same-sex marriage at smaller levels — which would make it more difficult, if not impossible, for a federal reversal of Obergefell to take effect.

“With regard to marriage equality … states can be doing … amend state constitutions, to remove any of the previous language that had been used to bar same-sex couples from marrying.”

Lambda Legal CEO Kevin Jennings echoed Loewy’s points in a statement regarding the possibility of Obergefell being overturned:

“In the United States, we can proudly say that marriage equality is the law,” he said via email. “As the Supreme Court discusses whether to take up for review a challenge to marriage equality, Lambda Legal urges the court to honor what millions of Americans already know as a fundamental truth and right: LGBTQ+ families are part of the nation’s fabric.

“LGBTQ+ families, including same-sex couples, are living in and contributing to every community in this country: building loving homes and small businesses, raising children, caring for pets and neighbors, and volunteering in their communities. The court took note of this reality in Obergefell v. Hodges, citing the ‘hundreds of thousands of children’ already being raised in ‘loving and nurturing homes’ led by same-sex couples. The vows that LGBTQ+ couples have taken in their weddings might have been a personal promise to each other. Still, the decision of the Supreme Court is an unbreakable promise affirming the simple truth that our Constitution guarantees equal treatment under the law to all, not just some.”

He noted the same things Loewy pointed out — namely that, at minimum, the particular avenue Davis is attempting to use to challenge same-sex marriage has no legal footing.

“Let’s be clear: There is no case here. Granting review in this case would unnecessarily open the door to harming families and undermine our rights. Lower courts have found that a government employee violates the law when she refuses to grant marriage licenses to same-sex couples as her job requires. There is no justifiable reason for the court to revisit settled law or destabilize families.”

He also addressed members of the LGBTQ community who might be feeling fearful at this moment:

“To our community, we say: this fight is not new. Our community has been fighting for decades for our right to love whom we love, to marry and to build our families. It was not quick, not easy, not linear. We have lived through scary and dark times before, endured many defeats, but we have persevered. When we persist, we prevail.”

And he issued a direct message to the court, urging justices to honor the Constitution over one person’s religious beliefs.

“To the court, we ask it to honor its own precedent, to honor the Constitution’s commands of individual liberty and equal protection under the law, and above all, to honor the reality of LGBTQ families — deeply rooted in every town and city in America. There is no reason to grant review in this case.”

Kenneth Gordon, a partner at Brinkley Morgan, a financial firm that works with individuals and couples, including same-sex partners, to meet their legal and financial goals, also emphasized the importance of not panicking and of using available documentation processes such as estate planning.

“From a purely legal standpoint, overturning Obergefell v. Hodges would present significant complications. While it is unlikely that existing same-sex marriages would be invalidated, particularly given the protections of the 2022 Respect for Marriage Act, states could regain the authority to limit or prohibit future marriage licenses to same-sex couples. That would create a patchwork of laws across the country, where a couple could be legally married in one state but not recognized as married if they moved to or even visited another state.

“The legal ripple effects could be substantial. Family law issues such as adoption, parental rights, inheritance, health care decision-making, and property division all rely on the legal status of marriage. Without uniform recognition, couples could face uncertainty in areas like custody determinations, enforcement of spousal rights in medical emergencies, or the ability to inherit from a spouse without additional legal steps.

“Courts generally strive for consistency, and creating divergent state rules on marriage recognition would reintroduce conflicts that Obergefell was intended to resolve. From a legal systems perspective, that inconsistency would invite years of litigation and impose significant personal and financial burdens on affected families.”

Finally, Human Rights Campaign President Kelley Robinson issued a statement about the possibility of the Supreme Court deciding to hear Davis’s appeal:

“Marriage equality isn’t just the law of the land — it’s woven into the fabric of American life,” said Robinson. “For more than a decade, millions of LGBTQ+ couples have gotten married, built families, and contributed to their communities. The American people overwhelmingly support that freedom. But Kim Davis and the anti-LGBTQ+ extremists backing her see a cynical opportunity to attack our families and re-litigate what’s already settled. The court should reject this paper-thin attempt to undermine marriage equality and the dignity of LGBTQ+ people.”

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U.S. Supreme Court

Supreme Court rules White House can implement anti-trans passport policy

ACLU, Lambda Legal filed lawsuits against directive.

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(Bigstock photo)

The U.S. Supreme Court on Thursday said the Trump-Vance administration can implement a policy that bans the State Department from issuing passports with “X” gender markers.

President Donald Trump once he took office signed an executive order that outlined the policy. A memo the Washington Blade obtained directed State Department personnel to “suspend any application where the applicant is seeking to change their sex marker from that defined in the executive order pending further guidance.”

The White House only recognizes two genders: male and female.

The American Civil Liberties Union in February filed a lawsuit against the passport directive on behalf of seven trans and nonbinary people.

A federal judge in Boston in April issued a preliminary junction against it. A three-judge panel on the 1st U.S. Circuit Court of Appeals in September ruled against the Trump-Vance administration’s motion to delay the move.

A federal judge in Maryland also ruled against the passport policy. (Lambda Legal filed the lawsuit on behalf of seven trans people.)

 “This is a heartbreaking setback for the freedom of all people to be themselves, and fuel on the fire the Trump administration is stoking against transgender people and their constitutional rights,” said Jon Davidson, senior counsel for the ACLU’s LGBTQ and HIV Project, in a statement. “Forcing transgender people to carry passports that out them against their will increases the risk that they will face harassment and violence and adds to the considerable barriers they already face in securing freedom, safety, and acceptance. We will continue to fight this policy and work for a future where no one is denied self-determination over their identity.”

Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor dissented.

The Supreme Court ruling is here.

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