News
DNC treasurer says lack of ENDA directive ‘frustrating and perplexing’
Speculation mounts that president will act after Biden address

Democratic National Committee Treasurer Andrew Tobias says the lack of an ENDA executive order is “frustrating and perplexing” (Blade file photo by Michael Key).
Democratic National Committee Treasurer Andrew Tobias has joined those expressing concern over why President Obama hasn’t signed an executive order barring LGBT discrimination among federal contractors, saying it should be signed and its absence is “frustrating and perplexing.”
Amid renewed questions over why Obama hasn’t signed the order following a speech from Vice President Joseph Biden in which he called the lack of LGBT protections “close to barbaric,” Tobias articulated his own concerns as he maintained that fighting for Democratic control of Congress is of utmost importance.
The DNC treasurer made the comments in an off-the-record listserv for LGBT donors via an email that was leaked to the Washington Blade.
“I agree 100% with those who say it should be signed, 100% with those who believe we should keep pressing, and 100% with those who say it’s frustrating and perplexing,” Tobias wrote. “But I think we would be crazy to let it diminish our efforts to hold the Senate, get Nancy her gavel back, and lay the groundwork for a huge LGBT supporter to win the White House in 2016. (All our plausible 2016 nominees are huge LGBT supporters.)”
Tobias, who’s gay, confirmed to the Washington Blade the email indeed came from him as did other individuals on the listserv, who said the message came from his email account on Wednesday. Notably, these individuals said Tobias told LGBT donors in his email that listserv members should feel free to quote him as expressing those views. Tobias also told the Blade to quote him as such.
The remarks are noteworthy for Tobias, who has a reputation for tamping down criticism and concern over the Obama administration and the DNC for not doing enough on LGBT rights. It has particular significance because it comes at a time when the DNC is busy raising money to hold onto the Senate during the congressional midterms.
Last year in another email to the listserv following concerns at that time over the executive order, Tobias maintained everyone within the administration supports it, but that a “process” is holding it up.
Tobias’ latest remarks follow continued frustration with Obama over why he continues to withhold the executive order, which LGBT advocates maintain is a 2008 campaign promise of his, after the No. 2 person in his administration called the lack of federal prohibition on LGBT workplace discrimination “close to barbaric.”
Biden made the remarks while calling on Congress to pass the Employment Non-Discrimination Act, legislation that would bar anti-LGBT workplace discrimination, while speaking to about 1,000 attendees at the Human Rights Campaign annual dinner in Los Angeles.
“If you think about it, it’s outrageous we’re even debating this subject,” Biden said. “I really mean it. I mean it’s almost beyond belief that today, in 2014, I could say to you, as your employee in so many states, you’re fired, because of who you love.”
The vice president never mentioned the much sought executive order in his speech, but LGBT advocates questioned why Obama hasn’t acted on the directive if the lack of protections is so barbaric. Some advocates also projected a scenario in which Obama would sign the order as a result in the days ahead.
After all, Biden’s endorsement of marriage equality on “Meet the Press” in 2012 preceded Obama’s own endorsement of marriage equality by just three days and was seen as a trigger for the president’s announcement.
Darlene Nipper, deputy executive director of the National Gay & Lesbian Task Force, was among those envisioning the executive order coming shortly from Obama as a result of the Biden address.
“As we saw with marriage equality, Vice President Biden is sometimes the person who will preview a presidential decision,” Nipper said. “So let’s hope his recent comments means that a non-discrimination executive order is imminent from President Obama.”
The White House didn’t respond to a request for comment about any updates on the possible executive order. Last week, White House Press Secretary Jay Carney reiterated the administration’s preference for legislation to bar LGBT workplace discrimination when asked by the Washington Blade about a letter signed by more than 200 Democrats calling for the directive.
“There is no question, I think, in anyone’s mind that the passage of legislation, the Employment Non-Discrimination Act, would provide those protections broadly in a way the EO would not,” Carney said. “And as I’ve said before, opposition to that legislation is contrary to the tide of history and those lawmakers who oppose this will find, in the not too distant future, that they made a grave mistake and that they will regret it.”
But Biden’s description of the lack of LGBT workplace non-discrimination rules as “close to barbaric” and the continued absence of an executive order that would institute them riled members of the LGBT donor listserv, who pestered Tobias with emails over why it hasn’t been done.
In another email earlier in the week, the DNC treasurer said the best approach to the situation is highlighting stories of people harmed by the lack of the directive as well as studies showing the scale of the problem — in addition to working for Democratic electoral gains in 2014 and 2016.
Heather Cronk, managing director of the LGBT grassroots group GetEQUAL, said Biden’s use of “barbaric” to describe anti-LGBT workplace discrimination should be the driving force prompting Obama to take executive action.
“In fact, Biden’s remarks are exactly where the rest of the country is — given that 90 percent of Americans think there is already a federal law in place, one would think that this comment from Biden would kick start a commitment by the Obama administration to lead on this issue and to sign this executive order without delay,” Cronk said. “Anything less is simply dangling equality in front of our noses, hoping that we’ll show up for midterms — which is, indeed, barbaric.”
For its part, the White House continues to advocate for ENDA as pressure builds on Obama to sign the executive order.
Shin Inouye, a White House spokesperson, referenced the idea of ENDA supporters starting a discharge petition in the House to bring the bill up for a vote. A successful discharge petition requires 218 names, the same number of individuals needed to pass legislation on the House floor.
“The President continues to believe that the House should join the Senate and pass ENDA so he can sign it into law,” Inouye said. “We would welcome efforts to bring this legislation to the floor for a vote.”
LGBT advocates have told the Blade that a discharge petition should be considered a last resort to pass ENDA because the tactic is viewed as a criticism of leadership for not advancing a bill. Senate Majority Leader Harry Reid dismissed the idea of the petition when speaking with reporters late last year, saying Republican leadership would discourage members from signing it before it reached 218 names.
Meanwhile, LGBT advocates have amped up their efforts to encourage U.S. House Speaker John Boehner to bring up ENDA for a vote in the House. The coalition known as Americans for Workplace Opportunity, which helped guide the Senate to pass ENDA on a bipartisan basis in September, is putting up more than $2 million to pass ENDA in the chamber. Much of the money is coming from Republican superdonors Paul Singer and Seth Klarman, who each donated $375,000.
Fred Sainz, vice president of the Human Rights Campaign, said even with the push for ENDA, Obama has “absolutely no reason” to delay in signing an executive order on behalf of LGBT workers.
“This easily has to be the most studied and mulled-over executive order in history,” Sainz said. “The leadership of this president and his entire administration on issues important to LGBT equality has been absolutely tremendous. The decision to apply nondiscrimination protections to the workers of federal contractors will fit in nicely with his historic legacy on LGBT equality.”
Federal Government
Holiday week brings setbacks for Trump-Vance trans agenda
Federal courts begin to deliver end-of-year responses to lawsuits involving federal transgender healthcare policy.
While many Americans took the week of Christmas to rest and relax, LGBTQ politics in the U.S. continued to shift. This week’s short recap of federal updates highlights two major blows to the Trump-Vance administration’s efforts to restrict gender-affirming care for minors.
19 states sue RFK Jr. to end gender-affirming care ban
New York Attorney General Letitia James announced on Tuesday that the NYAG’s office, along with 18 other states (and the District of Columbia), filed a lawsuit to stop U.S. Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. from restricting gender-affirming care for minors.
In the press release, Attorney General James stressed that the push by the Trump-Vance administration’s crusade against the transgender community — specifically transgender youth — is a “clear overreach by the federal government” and relies on conservative and medically unvalidated practices to “punish providers who adhere to well-established, evidence-based care” that support gender-affirming care.
“At the core of this so-called declaration are real people: young people who need care, parents trying to support their children, and doctors who are simply following the best medical evidence available,” said Attorney General James. “Secretary Kennedy cannot unilaterally change medical standards by posting a document online, and no one should lose access to medically necessary health care because their federal government tried to interfere in decisions that belong in doctors’ offices. My office will always stand up for New Yorkers’ health, dignity, and right to make medical decisions free from intimidation.”
The lawsuit is a direct response to HHS’ Dec. 18 announcement that it will pursue regulatory changes that would make gender-affirming health care for transgender children more difficult, if not impossible, to access. It would also restrict federal funding for any hospital that does not comply with the directive. KFF, an independent source for health policy research, polling, and journalism, found that in 2023 federal funding covered nearly 45% of total spending on hospital care in the U.S.
The HHS directive stems directly from President Donald Trump’s Jan. 28 Executive Order, Protecting Children From Chemical and Surgical Mutilation, which formally establishes U.S. opposition to gender-affirming care and pledges to end federal funding for such treatments.
The American Medical Association, the nation’s largest and most influential physician organization, has repeatedly opposed measures like the one pushed by President Trump’s administration that restrict access to trans health care.
“The AMA supports public and private health insurance coverage for treatment of gender dysphoria and opposes the denial of health insurance based on sexual orientation or gender identity,” a statement on the AMA’s website reads. “Improving access to gender-affirming care is an important means of improving health outcomes for the transgender population.”
The lawsuit also names Oregon, Washington, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, Pennsylvania, Rhode Island, Vermont, and Wisconsin as having joined New York in the push against restricting gender-affirming care.
At the HHS news conference last Thursday, Jim O’Neill, deputy secretary of the department, asserted, “Men are men. Men can never become women. Women are women. Women can never become men.”
DOJ stopped from gaining health care records of trans youth
U.S. District Judge Cathy Bissoon blocked an attempt by the Department of Justice (DOJ) to gain “personally identifiable information about those minor transgender patients” from the University of Pittsburgh Medical Center (UPMC), saying the DOJ’s efforts “fly in the face of the Supreme Court.”
Journalist Chris Geidner originally reported the news on Dec. 25, highlighting that the Western District of Pennsylvania judge’s decision is a major blow to the Trump-Vance administration’s agenda to curtail transgender rights.
“[T]his Court joins the others in finding that the government’s demand for deeply private and personal patient information carries more than a whiff of ill intent,” Bissoon wrote in her ruling. “This is apparent from its rhetoric.”
Bissoon cited the DOJ’s “incendiary characterization” of trans youth care on the DOJ website as proof, which calls the practice politically motivated rather than medically sound and seeks to “…mutilate children in the service of a warped ideology.” This is despite the fact that a majority of gender-affirming care has nothing to do with surgery.
In United States v. Skrmetti, the Supreme Court ruled along party lines that states — namely Tennessee — have the right to pass legislation that can prohibit certain medical treatments for transgender minors, saying the law is not subject to heightened scrutiny under the Equal Protection Clause of the Fourteenth Amendment because it does not involve suspect categories like race, national origin, alienage, and religion, which would require the government to show the law serves a compelling interest and is narrowly tailored, sending decision-making power back to the states.
“The government cannot pick and choose the aspects of Skrmetti to honor, and which to ignore,” Judge Bissoon added.
The government argued unsuccessfully that the parents of the children whose records would have been made available to the DOJ “lacked standing” because the subpoena was directed at UPMC and that they did not respond in a timely manner. Bissoon rejected the timeliness argument in particular as “disingenuous.”
Bissoon, who was nominated to the bench by then-President Obama, is at least the fourth judge to reject the DOJ’s attempted intrusion into the health care of trans youth according to Geidner.
District of Columbia
Reasons to be optimistic about 2026
Local thought leaders offer hope for the New Year
It was a year like no other. It began with Donald Trump’s inauguration in January 2025 and included a takeover of D.C. police, ICE raids, challenges for the local economy, and other events that have many queer Washingtonians ready for 2026.
As we prepare to welcome the New Year, the Blade asked a range of local thought leaders about what makes them optimistic for 2026. Here are their responses.
June Crenshaw
Deputy Director, Capital Pride Alliance
What gives me optimism for 2026 is the way our LGBTQIA2S+ community supports one another – across identities, neighborhoods, and movements – and because we continue to build our collective powers; we demand and create safer, more inclusive spaces.
Zachary Parker
Ward 5 DC. Council member
I’m optimistic about the upcoming elections and the District’s continued fight for local autonomy. One thing I know for sure is that Washingtonians are tough and persistent, and we’re ready to face any challenge as we keep fighting for D.C. statehood.
Sister Jeannine Gramick
Co-founder of LGBTQ supportive New Ways Ministry
As a nun who thinks politically about the Catholic Church, I’m extremely optimistic that Pope Leo XIV will continue to welcome LGBTQ people. At the conclave, most cardinals knew Pope Francis had (then) Cardinal Proost in mind!
Adam Ebbin
Virginia State Senator representing parts of Arlington, Alexandria, and Fairfax Counties
I am excited about 2026 bringing the return of the pro-equality governor to Virginia. I believe that Abigail Spanberger will be a champion for LGBT people and it will also be the year that we can finally pass the necessary legislation to send a constitutional amendment to the voters that would guarantee marriage equality in the Virginia Constitution.
Howard Garrett
President, Capital Stonewall Democrats
In 2026, our community can be optimistic because we’ve proven, again and again, that when we organize, we win: at the ballot box, in the courts, and in our neighborhoods. Even amid challenge, LGBTQ+ Washingtonians and our allies are building stronger coalitions, electing champions, and advancing real protections that make daily life safer and more affirming for everyone.
Paul Kuntzler
D.C. LGBTQ activist since the early 1960s, co-founder of Capital Stonewall Democrats
Last Nov. 4, 11 states held elections and Democrats won almost all of the elections. Next Nov. 3, 2026, Democrats will win control of both the House and Senate …An Economist poll reported that 15 percent to 20 percent of those who voted for Trump no longer support him. The results of the elections of Nov. 3, 2026, will be the beginning of the end of Trump and his racist and criminal regime.
Kelley Robinson
President, Human Rights Campaign
This past year has brought relentless attacks against the LGBTQ+ community, but it has also shown the resiliency of queer folks. While this administration has worked tirelessly to oppress us, we’ve met that oppression with courage. As we step into 2026, my hope is that we carry that energy forward and continue protecting one another, fighting back against injustice, and celebrating queer joy. If 2026 is anything like 2025, we know the challenges will be intense, but our community is more determined than ever to meet hate with resilience, and to turn struggle into strength.
Freddie Lutz
Owner, Freddie’s Beach Bar in Arlington and Rehoboth Beach
I am optimistic that the current president will fulfill his promise to boost the economy. We are all suffering – businesses in D.C. I just read it is 17 to 18 percent down. And I’m hoping the president will boost the economy. I always try to remain optimistic.
Nicholas F. Benton
Owner & Editor, Falls Church News-Press
My optimism stems from my belief in the human capacity and generosity of spirit. Those who are committed to those qualities will find a way.
Richard Rosendall
Former president, D.C. Gay & Lesbian Activists Alliance
MAGA efforts to demonize LGBTQ people are dangerous but will fail overall because understanding and acceptance have grown and endured. The blue wave in November 2026 will show this.
TJ Flavell
Organizer, Go Gay DC
Hope springs eternal. Nurturing your own wellness is vital to the New Year, including enjoying social and cultural activities through such groups as Go Gay DC – Metro DC’s LGBTQ Community. Also, 2026 ushers in a new tax deduction for charitable giving. Check the IRS website for details. You can make a positive impact in the New Year by supporting good charitable causes like the D.C. LGBTQ+ Community Center, a safe, inclusive, and affirming space where all members of our community can thrive.
Rayceen Pendarvis
Leader of Team Rayceen D.C. LGBTQ support organization
I have experienced many trials and tribulations in my lifetime, throughout which my spirit has enabled me to find peace despite the turbulence around me. Being optimistic allows me to be a beacon of light for those who may be lost in the darkness.
Zar
Team Rayceen organizer
My reason for optimism is this: death. Life is a cycle of time, change, and destruction. Everything is impermanent; the time any person rules is finite and eventually all empires end.
DJ Honey
Team Rayceen supporter
Despite the noise, I see 2026 as a year where queer people continue choosing community over isolation. Even when challenged, our culture keeps evolving. We are more visible, more creative and intentional about building spaces that protect each other and center joy without asking permission.
Nick Tsusaki
Owner, Spark Social House, D.C. LGBTQ café and bar
I’m optimistic for 2026 because it feels like the tide is turning and we’re coming together as a community.
District of Columbia
Rush reopens after renewing suspended liquor license
Principal owner says he’s working to resolve payroll issue for unpaid staff
The D.C. LGBTQ bar and nightclub Rush reopened and was serving drinks to customers on Saturday night, Dec. 20, under a renewed liquor license three days after the city’s Alcoholic Beverage and Cannabis Board suspended the license on grounds that Rush failed to pay a required annual licensing fee.
In its Dec. 17 order suspending the Rush liquor license the ABC Board stated the “payment check was returned unpaid and alternative payment was not submitted.”
Jackson Mosley, Rush’s principal owner, says in a statement posted on the Rush website that the check did not “bounce,” as rumors circulating in the community have claimed. He said a decision was made to put a “hold” on the check so that Rush could change its initial decision to submit a payment for the license for three years and instead to pay a lower price for a one-year payment.
“Various fees and fines were added to the amount, making it necessary to replace the stop-payment check in person – a deadline that was Wednesday despite my attempts to delay it due to these circumstances,” Mosley states in his message.
He told the Washington Blade in an interview inside Rush on Saturday night, Dec. 20, that the Alcoholic Beverage and Cannabis Administration (ABCA) quickly processed Rush’s liquor license renewal following his visit to submit a new check.
He also reiterated in the interview some of the details he explained in his Rush website statement regarding a payroll problem that resulted in his employees not being paid for their first month’s work at Rush, which was scheduled to take place Dec. 15 through a direct deposit into the employees’ bank accounts.
Several employees set up a GoFundMe appeal in which they stated they “showed up, worked hard, and were left unpaid after contributing their time, labor, and professional skills to Rush, D.C.’s newest LGBTQ bar.”
In his website statement Mosley says employees were not paid because of a “tax related mismatch between federal and District records,” which, among other things, involves the IRS. He said the IRS was using his former company legal name Green Zebra LLC while D.C. officials are using his current company legal name Rainbow Zebra LLC.
“This discrepancy triggered a compliance hold within our payroll system,” he says in his statement. “The moment I became aware of the issue, I immediately engaged our payroll provider and began working to resolve it,” he wrote.
He added that while he is the founder and CEO of Rush’s parent and management company called Momentux, company investors play a role in making various decisions, and that the investors rather than he control a “syndicated treasury account” that funds and operates the payroll system.
He told the Blade that he and others involved with the company were working hard to resolve the payroll problem as soon as possible.
“Every employee – past or present – will receive the pay they are owed in accordance with D.C. and federal law,” he says in his statement. “That remains my priority.”
In a follow-up text message to the Blade on Sunday night, Dec. 21, Mosley said, “All performers, DJs, etc. have been fully paid.”
He said Rush had 21 employees but “2 were let go for gross misconduct, 2 were let go for misconduct, 1 for moral turpitude, 2 for performance concerns.” He added that all of the remaining 14 employees have returned to work at the time of the reopening on Dec. 20.
Rush held its grand opening on Dec. 5 on the second and third floors of a building at 2001 14th Street, N.W., with its entrance around the corner on U Street next to the existing LGBTQ dance club Bunker.
With at least a half dozen or more LGBTQ bars located within walking distance of Rush in the U Street entertainment corridor, Mosley told the Blade he believes some of the competing LGBTQ bars, which he says believe Rush will take away their customers, may be responsible along with former employees of “rumors” disparaging him and Rush.
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