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.”
United Kingdom
Queen Camilla meets with JK Rowling
Edinburgh meeting took place on last day of Pride month
Queen Camilla on Tuesday met with JK Rowling.
The Royal Family on X said the meeting took place at Palace of Holyroodhouse in Edinburgh. The post included a picture of Camilla and Rowling together.
“With a shared passion for books and a deep commitment to children reading for pleasure, The queen and author JK Rowling have met at the Palace of Holyroodhouse in Edinburgh,” it reads. “Her Majesty and Ms. Rowling discussed the importance of ensuring that young people have access to books and the vital part reading plays in opening doors for future generations.”
📕 With a shared passion for books and a deep commitment to children reading for pleasure, The Queen and author J.K. Rowling have met at the Palace of Holyroodhouse in Edinburgh.
Her Majesty and Ms Rowling discussed the importance of ensuring that young people have access to… pic.twitter.com/Yx1Xy6olqC
— The Royal Family (@RoyalFamily) June 30, 2026
Rowling over the last decade has emerged as a vocal opponent of transgender rights. Her meeting with Camilla took place on the last day of Pride month.
Delaware
Delaware approves amendment protecting same-sex marriage
Measure must pass second vote in next year’s session
The Delaware General Assembly passed Senate Substitute 2 for Senate Bill 100 on the last day of the legislative session on Tuesday after being rescinded last week.
Senate Substitute 2 for Senate Bill 100 (SB-100) passed with 28 ‘yes’ votes, meeting the two-thirds threshold required for the bill to pass. Tuesday was the last day of the 153rd General Assembly.
The amendment would enshrine the right to same-sex and interracial marriage in the Delaware Constitution.
SB-100 was rescinded last week after it did not receive enough votes to pass. Democrats were short by three votes, with two Democratic members missing from the vote.
Rep. Josue Ortega (D-03) voted ‘no’ on SB-100 and Rep. Medinah Anton-Wilson (D-27) did not vote. However, both members voted ‘yes’ for Senate Substitute 2 for SB-100 on Tuesday.
Prime sponsor of SB 100, Rep. Claire Snyder-Hall (D-14), made the technical decision to change her vote last week from a ‘yes’ to a ‘no’ at the last minute to keep the bill alive.
Additionally, Republican Assemblyman Michael Smith (R-22) joined the Democrats with a ‘yes’ vote after voting ‘no’ on SB-100 last week.
In order for SB 100 to be enshrined into the state Constitution, it must be passed by two consecutive General Assemblies. Thus, the amendment will not be officially added to the Constitution unless it passes in the 154th General Assembly next year.
Rep. Snyder-Hall introduced the measure earlier this week.
“Just one week ago, we failed to pass this legislation. We failed the people of Delaware. But today, on the final day of the legislative session, the 153rd General Assembly affirmed that every Delawarean has the fundamental right to marry the person they love, regardless of race or gender,” said Snyder-Hall.
“Thank you to my colleagues for recognizing that the right to marry is a right worthy of protection and for voting yes on this important constitutional amendment.”
National
ACLU says trans athletes ruling is narrower than many believe
‘Narrow decision focused on the unique context of sports’
The Supreme Court’s decision Tuesday to uphold state laws barring transgender girls from competing on girls’ school sports teams represents a setback for transgender rights, but attorneys who argued the case say the ruling is considerably narrower than many initial reactions suggested.
Shortly after the decision was released, attorneys with the American Civil Liberties Union — which represented the plaintiffs in the case — held a press call to explain what they described as the limited scope of the Court’s opinion. While the ruling allows states to exclude transgender girls from girls’ school sports teams, they said it stops well short of creating a nationwide ban or dismantling broader legal protections for transgender people.
Joshua Block, senior counsel with the ACLU’s LGBTQ & HIV Project, said the majority intentionally confined its analysis to school athletics.
“[The majority] issued a narrow decision focused specifically on the unique context of sports. It didn’t issue a broader decision saying that Title IX in general didn’t protect transgender students. It didn’t say that other states couldn’t make a different policy choice and allow transgender girls to participate with cisgender girls, and it didn’t issue a sweeping ruling saying that under the Constitution it’s perfectly fine to discriminate based on transgender status.”
Block said one of the opinion’s most significant takeaways is that it leaves decisions about transgender participation in school sports largely in the hands of states.
“It leaves the rest of the legal rights of transgender people where the court found them.”
He stressed that the ruling authorizes states to adopt restrictions but does not require them to do so.
“It’s very important to emphasize that this isn’t a national mandate to ban trans athletes everywhere. It’s a fight that’s going to continue state by state, school by school … it really says that a state may discriminate, not that they must discriminate. States, schools, and athletic associations should be taking every step to ensure that athletic opportunities exist for transgender girls.”
Beyond athletics, Block said the opinion’s most important legal consequence may lie in its treatment of the Equal Protection Clause.
“What the court said is that even applying that heightened standard, we’re going to establish what’s effectively a new rule of the Equal Protection Clause, saying that you can’t bring this sort of as-applied challenge to a law that is valid for most people.”
Even so, he argued that the Court repeatedly framed transgender participation in sports as a policy issue for state governments rather than a constitutional mandate.
“Over and over and over again it talks about how states may exclude transgender girls, not that they must, and over and over and over again it says that this is a policy question that should be decided by the people in their different communities and their representatives.”
Block also rejected the idea that the ruling endorses the Trump administration’s broader efforts to restrict transgender rights.
“I have no doubt that the Trump administration will try to declare victory and say that this decision supports the lawless policies they’re pursuing, but I think anyone reading the decision can see otherwise.”
The White House nonetheless celebrated the decision, calling it a victory that would “protect women and girls.”
“The Court’s decision is a landmark victory for common sense, biological reality, and for the millions of women and girls who deserve a level playing field. By upholding laws protecting female athletic competition, the Court confirmed that states may preserve the fairness, safety, and equal opportunities that Title IX was enacted to guarantee.”
Medical researchers and LGBTQ advocates dispute the administration’s characterization of the evidence. A 2021 study published in the Journal of Sports Medicine found no scientific evidence for supporting these laws that categorically ban transgender women from participating in women’s sports.
Critics have also argued that enforcement of such laws could create new risks for athletes. Researchers have warned that sex-verification requirements may expose students to invasive examinations and discrimination.
A 2016 USA Today investigation found that at least 368 young gymnasts reported experiencing sexual abuse over a 20-year period. More than 100 coaches and gymnastics officials were accused of abuse, yet USA Gymnastics failed to track predatory coaches, allowing many to continue working with children. LGBTQ advocates argue that requiring athletes to undergo genital inspections or other forms of sex verification could place young athletes at even greater risk.
Advocacy organizations said the decision, while limited legally, will have significant real-world consequences for transgender youth.
Chris Mosier, a transgender athlete and board member of Point of Pride, said the ruling extends beyond sports.
“The Supreme Court’s decision today isn’t driven by fairness or dignity in sports. It’s an attack on our community’s right to live freely and authentically in every part of our lives. Young people, regardless of whether they’re cis or trans, deserve the joy of sports: to build friendships, to move their bodies and have fun on the field. To every trans athlete out there: you have a community standing behind you. No politician or law can take away your joy or power. We will get through this as our community has always done: together.”
Brian K. Bond, CEO of PFLAG National, emphasized that states remain free to adopt inclusive policies despite the Court’s decision.
“The Court rules best when it listens to the needs of marginalized people: trans people belong, on and off the field. While we celebrate the Court’s decision to uphold the Fourteenth Amendment and affirm that every person born in the United States is a citizen, the Court today added an asterisk to allow discrimination against transgender student athletes. Our country has been here before, and frankly, you would think this Court would have learned.”
“For PFLAG families, today’s decision in BPJ means that transgender athletes can continue to be affirmed for who they are in places where the law allows – and invigorates our LGBTQ+ and allied community to expand those protections. The parents, families, allies and LGBTQ+ people of PFLAG will continue to advocate for our trans loved ones to have the freedom to be themselves, everywhere. Trans people belong, and deserve to have access to the benefits of sport like everyone else.”
Allen Morris, policy director at the National LGBTQ Task Force, called the decision “devastating” but noted that it does not establish a nationwide sports ban.
“Today’s decision is devastating and the impact to clear. While this is not a nationwide ban on transgender participation in sports, the Court has given states a legal pathway to attempt to discriminate against trans individuals from full participation in school sports and all aspects of life.”
“This ruling is not just about sports: it’s about valuing and protecting the safety, security and constitutional rights of transgender people. By allowing states to draw a categorical line based on “biological sex,” the majority has chosen deference to exclusion and political beliefs over transgender students’ lived realities. There is already a dangerous rise in state-based violence growing across the country, and we’re overcoming this issue at each turn.”
Melanie Willingham-Jaggers, CEO of GLSEN, said the decision sends a broader message about transgender students’ place in schools.
“We are deeply disappointed by the outcome of this decision. This ruling represents another significant setback for transgender youth across the country, limiting their ability to fully engage in school life. Exclusion from these spaces shapes not only athletic access, but the broader message about who should be valued and included in our schools and societal ecosystem.”
“School sports are much more than competition. They are about belonging, forming a community, and the opportunity to grow and thrive alongside peers. Preventing youth from taking part in everyday activities undermines these fundamental values. We continue to see efforts to regulate discrimination under the guise of fairness, despite the lack of evidence that inclusive policies harm women’s sports. Access to these experiences is critical to students’ well-being and development.”
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