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White House won’t predict whether Trump will undo LGBT orders

Many fear president-elect will reverse executive actions

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Josh Earnest, gay news, Washington Blade
Josh Earnest, gay news, Washington Blade

White House Press Secretary Josh Earnest (Washington Blade photo by Michael Key)

On the day after President-elect Donald Trump’s surprise win, White House Press Secretary Josh Earnest wouldn’t say whether he thinks the new president would reverse the Obama administration’s LGBT executive actions.

In response to a question from the Washington Blade on whether the White House could protect them, Earnest declined to speculate “about what President-elect Trump may or may not do,” but insisted President Obama undertook those actions “with a long-term perspective.”

“His approach to policymaking has been to be cognizant of the long-term implications of the decisions he’s making and it means that he’s making these decisions with the assumption that the decisions will be durable, they’ll be in place for some time and that the benefits that the American people will enjoy as a result of those decisions will be present for a long time,” Earnest said. “So that’s been his approach since his first day in office, but ultimately the approach that President-elect Trump takes is one that he alone will determine.”

Many fear Trump, who has pledged to undo Obama’s executive actions he thinks are unconstitutional or harmful to business, would reverse the president’s executive actions in favor of LGBT rights, such as the 2014 directive prohibiting anti-LGBT workplace discrimination among federal contractors. Trump has already said he’d rescind the Obama administration guidance barring schools from discriminating against transgender students, including by barring them from using the restroom consistent with their gender identity.

Trump also said he would appoint to the U.S. Supreme Court justices in the mold of the late U.S. Associate Justice Antonin Scalia, which could conceivably reverse the decision in favor of same-sex marriage nationwide, although such an outcome would be difficult to achieve.

Asked for President Obama’s message to LGBT people as well as other groups, such as immigrants and Muslims, who fear persecution under a Trump administration, Earnest said people who believe “passionately and strongly” about LGBT issues should continue to stand up for what they believe.

Echoing remarks President Obama made in the White House Rose Garden on Trump’s win, Earnest said “progress in our country hasn’t moved along a straight line and progress that we make in some of these areas is characterized by two steps forward and one step back.”

“Sometimes it’s characterized by delayed progress,” Earnest said. “The observation President Obama would make is the best response to that is not to lose hope, or to be cynical, or to withdraw from the public discourse. It actually calls for greater engagement. It calls for more people who passionately and strongly feel about these issues to stand up for what they believe in.”

Earnest noted the nation is committed to democratic institutions, which he said serve both the American people well and are important for our leaders to rely on because they have “served very well some of country’s greatest presidents.”

“Our country has benefited from a steadfast commitment to a set of democratic institutions, and these institutions have been durable even through a civil war, through a couple of world wars, through financial calamities, and the president has enormous confidence and faith in those institutions, in part, because those institutions are made up of patriotic Americans,” Earnest said.

Earnest drew on remarks Hillary Clinton made Wednesday in her concession speech, saying she put it best when she said, “It’s worth fighting for what’s right.”

“I think Secretary Clinton intended that as very good advice for people who may be feeling discouraged today, and it’s understandable that people are feeling discouraged because you’re going to be disappointed when the candidate that you supported in the election doesn’t win,” Earnest said. “But even the losing candidate in this case does not think that should be used as an excuse to withdraw from the public debate and public discourse. If anything, it should serve as a motivation to become even more deeply engaged and more deeply involved and not just in a presidential election.”

In June, the Washington Blade published an article on Obama’s executive actions related to LGBT rights, as compiled by the Center for American Progress, that a President Trump could undo. Here’s the list:

Obama’s LGBT executive actions Trump could undo

∙ Executive Order prohibiting federal contractors from discriminating on the basis of sexual orientation or gender identity.

∙ Final rule in May 2016 that protected LGBT people from discrimination in healthcare and insurance under the Affordable Care Act.

∙ Prison Rape Elimination Act implementation regulations in May 2012 to directly protect LGBT people.

∙ Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity Rule in February 2012, protecting LGBT people in all HUD­-funded programs.

∙ Comprehensive guidance in May 2016 on their interpretation of Title IX, clarifying that public schools receiving federal funding must treat transgender students in accordance with their gender identity.

∙ Guidance in July 2013 that all immigration visa petitions filed on behalf of a same­-sex spouse would be reviewed in the same manner as those filed on behalf of an opposite­-sex spouse.

∙ The Global Equality Fund, launched in 2011, which supports programs that advance the human rights LGBT persons around the world.

∙ Public endorsement of the Equality Act in November 2015, supporting comprehensive federal nondiscrimination protections for LGBT people.
Source: Center for American Progress

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Comings & Goings

David Reid named principal at Brownstein

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David Reid

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success. 

Congratulations to David Reid on his new position as Principal, Public Policy, with Brownstein Hyatt Farber Schreck. Upon being named to the position, he said, “I am proud to be part of this inaugural group of principals as the firm launches it new ‘principal, public policy’ title.”

Reid is a political strategist and operative. He is a prolific fundraiser, and skilled advocate for legislative and appropriations goals. He is deeply embedded in Democratic politics, drawing on his personal network on the Hill, in governors’ administrations, and throughout the business community, to build coalitions that drive policy successes for clients. His work includes leading complex public policy efforts related to infrastructure, hospitality, gaming, health care, technology, telecommunications, and arts and entertainment.

Reid has extensive political finance experience. He leads Brownstein’s bipartisan political operation each cycle with Republican and Democratic congressional and national campaign committees and candidates. Reid is an active member of Brownstein’s pro-bono committee and co-leads the firm’s LGBT+ Employee Resource Group.

He serves as a Deputy National Finance Chair of the Democratic National Committee and is a member of the Finance Committee of the Democratic Governors Association, where he previously served as the Deputy Finance Director.

Prior to joining Brownstein, Reid served as the Washington D.C. and PAC finance director at Hillary for America. He worked as the mid-Atlantic finance director, for the Democratic Senatorial Campaign Committee and ran the political finance operation of a Fortune 50 global health care company.

Among his many outside involvements, Reid serves on the executive committee of the One Victory, and LGBTQ Victory Institute board, the governing bodies of the LGBTQ Victory Fund and Institute; and is a member of the board for Q Street. 

Congratulations also to Yesenia Alvarado Henninger of Helion Energy, president; Abigail Harris of Honeywell; Alex Catanese of American Bankers Association; Stu Malec, secretary; Brendan Neal, treasurer; Brownstein’s David Reid; Amazon’s Suzanne Beall; Lowe’s’ Rob Curis; andCornerstone’s Christian Walker. Their positions have now been confirmed by the Q Street Board of Directors. 

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District of Columbia

D.C. pays $500,000 to settle lawsuit brought by gay Corrections Dept. employee

Alleged years of verbal harassment, slurs, intimidation

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Deon Jones (Photo courtesy of the ACLU)

The D.C. government on Feb. 5 agreed to pay $500,000 to a gay D.C. Department of Corrections officer as a settlement to a lawsuit the officer filed in 2021 alleging he was subjected  to years of discrimination at his job because of his sexual orientation, according to a statement released by the American Civil Liberties Union of D.C.

The statement says the lawsuit, filed on behalf of Sgt. Deon Jones by the ACLU of D.C. and the law firm WilmerHale, alleged that the Department of Corrections, including supervisors and co-workers, “subjected Sgt. Jones to discrimination, retaliation, and a hostile work environment because of his identity as a gay man, in violation of the D.C. Human Rights Act.”

Daniel Gleick, a spokesperson for D.C. Mayor Muriel Bowser, said the mayor’s office would have no comment on the lawsuit settlement. The Washington Blade couldn’t immediately reach a spokesperson for the Office of the D.C. Attorney General, which represents the city against lawsuits.

Bowser and her high-level D.C. government appointees, including Japer Bowles, director of the Mayor’s Office of LGBTQ Affairs, have spoken out against LGBTQ-related discrimination.   

“Jones, now a 28-year veteran of the Department and nearing retirement, faced years of verbal abuse and harassment from coworkers and incarcerated people alike, including anti-gay slurs, threats, and degrading treatment,”  the ACLU’s statement says.

“The prolonged mistreatment took a severe toll on Jones’s mental health, and he experienced depression, Post-Traumatic Stress Disorder, and 15 anxiety attacks in 2021 alone,” it says.

“For years, I showed up to do my job with professionalism and pride, only to be targeted because of who I am,” Jones says in the ACLU  statement. “This settlement affirms that my pain mattered – and that creating hostile workplaces has real consequences,” he said.  

He added, “For anyone who is LGBTQ or living with a disability and facing workplace discrimination or retaliation, know this: you are not powerless. You have rights. And when you stand up, you can achieve justice.”

The settlement agreement, a link to which the ACLU provided in its statement announcing the settlement, states that plaintiff Jones agrees, among other things, that “neither the Parties’ agreement, nor the District’s offer to settle the case, shall in any way be construed as an admission by the District that it or any of its current or former employees, acted wrongfully with respect to Plaintiff or any other person, or that Plaintiff has any rights.”

Scott Michelman, the D.C. ACLU’s legal director said that type of disclaimer is typical for parties that agree to settle a lawsuit like this.

“But actions speak louder than words,” he told the Blade. “The fact that they are paying our client a half million dollars for the pervasive and really brutal harassment that he suffered on the basis of his identity for years is much more telling than their disclaimer itself,” he said.

The settlement agreement also says Jones would be required, as a condition for accepting the agreement, to resign permanently from his job at the Department of Corrections. Michelman said Jones has been on leave from work for a period of time, but he did not know how long.  Jones couldn’t immediately be reached for comment.

“This is really something that makes sense on both sides,” Michelman said of the resignation requirements. “The environment had become so toxic the way he had been treated on multiple levels made it difficult to see how he could return to work there.”

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Virginia

Spanberger signs bill that paves way for marriage amendment repeal referendum

Proposal passed in two successive General Assembly sessions

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(Bigstock photo)

Virginians this year will vote on whether to repeal a state constitutional amendment that defines marriage as between a man and a woman.

Democratic Gov. Abigail Spanberger on Friday signed state Del. Laura Jane Cohen (D-Fairfax County)’s House Bill 612, which finalized the referendum’s language.

The ballot question that voters will consider on Election Day is below:

Question: Should the Constitution of Virginia be amended to: (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?

Voters in 2006 approved the Marshall-Newman Amendment.

Same-sex couples have been able to legally marry in Virginia since 2014. Former Gov. Glenn Youngkin, who is a Republican, in 2024 signed a bill that codified marriage equality in state law.

Two successive legislatures must approve a proposed constitutional amendment before it can go to the ballot.

A resolution to repeal the Marshall-Newman Amendment passed in the General Assembly in 2025. Lawmakers once again approved it last month.

“20 years after Virginia added a ban on same-sex marriage to our Constitution, we finally have the chance to right that wrong,” wrote Equality Virginia Executive Director Narissa Rahaman on Friday in a message to her group’s supporters.

Virginians this year will also consider proposed constitutional amendments that would guarantee reproductive rights and restore voting rights to convicted felons who have completed their sentences.

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