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More pressure on Obama to bar workplace discrimination

House Democrats call on president to issue executive order

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Supporters of an executive order barring discrimination against LGBT federal workers were buoyed this week by the results of a new poll showing that 73 percent of Americans support such a measure.

Brian Moulton, legal director for the Human Rights Campaign, talked about the polling unveiled earlier this week by his organization during a briefing for staffers Thursday on Capitol Hill, saying support for the order comes from a diverse array of demographic groups — including conservatives.

“Rarely do we have support from this range of groups of people,” Moulton said. “The lowest support, which was 60 percent of support for the executive order, was among self-identified conservatives.”

Support came from 61 percent of Republicans, 72 percent of people 65 and older, 80 percent among black Americans, 72 percent among Hispanics, 77 percent of Catholics and 64 percent of born-again Christians.

“I think the data both on the executive order specifically, but the long-standing public polling we’ve had on the issue of non-discrimination over the years, shows that this is something that very much the American people support, and I think that’s also reflected in the fact that we have such strong support in corporate America,” Moulton said.

Other data, Moulton said, reveals that most people think federal workplace non-discrimination protections for LGBT people already exist. According to the poll, 87 percent think it’s illegal to discriminate against LGBT people in the workplace — even though no such law exists.

The survey of 800 likely voters nationwide was conducted for HRC by Greenberg Quinlan Rosner Research from Nov. 9 to Nov. 13, 2011. Even though the poll was conducted in November, the findings were published just this week.

Moulton was among five LGBT rights supporters who spoke on the panel, which was staged by the LGBT Equality Caucus and geared toward encouraging President Obama to issue an executive order requiring companies doing business with the U.S. government to have non-discrimination policies inclusive of sexual orientation and gender identity.

Because the measure is similar in its goal to the Employment Non-Discrimination Act, the directive has sometimes been referred to as the “ENDA” executive order, although the order would be more limited in scope because it only affects federal contractors.

Multiple sources, speaking on condition of anonymity, have told the Blade the Labor and Justice Departments have cleared such a measure. The White House hasn’t said whether it will issue the executive order.

Reps. Lois Capps (left) and Frank Pallone speak before a panel of LGBT advocates (Blade photo by Michael Key)

Joining supporters during the briefing were Reps. Frank Pallone (D-N.J.) and Lois Capps (D-Calif.), who are circulating a letter among House Democrats calling for President Obama to issue the executive order.

Pallone said the executive order is needed to address the lack of workplace protections for LGBT workers.

The lawmaker said the ultimate goal is passage of ENDA, but the scenario is unlikely given the current leadership of the House.

“I think it’s fair to say it has probably no chance of passage whatsoever with the Republicans in control of the House,” Pallone said. “With the federal contractors, this is something we think we can do in the interim to set a precedent and help a lot of people, knowing full well that what we’d really like to see is ENDA.”

Capps said issuing the executive order would be in line with Obama’s decision to issue executive orders to facilitate job opportunities while most legislation remains deadlocked in a divided Congress.

“He’s calling it ‘We Can’t Wait,'” Capps said. “This is one more step he can take toward the agenda of clearly that’s something in the interest of the American public.”

Pallone and Capps are the initial signers of the letter they are circulating among colleagues — along with retiring Rep. Barney Frank (D-Mass.). They’ve set the deadline for signing the letter on Friday in anticipation of publication next week. An informed source told the Washington Blade the letter has attracted about 50 signatures as of Thursday.

Others on the panel presented different cases for why Obama should have no problem issuing the executive order and the extent to which it would facilitate non-discrimination in the workplace.

Tico Almeida, president of Freedom to Work, said companies that lack LGBT-inclusive non-discrimination policies can institute them easily and that most companies that haven’t done so have yet to make the change out of “laziness.”

“With President Obama’s order, I predict 100 percent compliance; I don’t think a single company is going to put at risk its livelihood in order to keep discriminating,” Almeida said.

Citing instances of workplace discrimination in which having the executive order already in place would be helpful, Almeida said the directive would allow the Obama administration to search actively for workplace discrimination without having to wait for individuals to file complaints.

“In a certain limited sense, the executive order is better than a civil rights act,” Almeida said. “Under the Civil Rights Act, an investigation can only start if the affected person files a complaint. Under the executive order, the Department of Labor can be proactive, go out and do investigations, find discrimination without the person filing — and that happens a lot.”

Almeida also articulated a sense of urgency in issuing the executive order, saying it would take at least six months for implementation of the policy. That process could be disrupted if a Republican defeats Obama in the upcoming election.

“There will after that be a process of no less than six months — six months is really optimistic — in which the Department of Labor will research and draft those rules implementing the executive order, and those rules will include all the minutiae with a host of different issues that we often hear as excuses not to do ENDA,” Almeida said.

The process involves a 90-day comment period where concerned parties — such as businesses and LGBT groups — can weigh in, followed by revisions based on the comments and the final rule being published in the Federal Register, Almeida said.

Deborah Vagins, American Civil Liberties Union’s senior legislative counsel for civil rights, talked about the history of other non-discrimination orders issued by earlier presidents — noting that President Franklin Roosevelt issued the first such directive based on race, creed, color or national origin for defense contractors.

“In 1941, some of our earlier civil rights leaders were preparing for a march on Washington to integrate the armed forces,” Vagins said. “Unfortunately, while full integration of the armed forces was not achieved at that time, during meetings between the administration and leaders of the march, Roosevelt agreed to sign this landmark EO prohibiting discrimination in federal defense contracting.”

The directive has been expanded by later presidents — most recently President Lyndon Johnson — to include all federal contractors and more categories of workers.

Nan Hunter, a lesbian law professor at Georgetown University and legal scholarship director at the Williams Institute of the University of California, Los Angles, said the authority for Obama to issue the executive order is sound under the Federal Property & Administrative Services Act, or the Procurement Act.

“There has never been a court decision that has struck down any of the anti-discrimination provisions in a federal executive order on the grounds that they did not advance the economy and efficiency of government operations,” Hunter said.

Jeff Krehely of the Center for American Progress (Blade photo by Michael Key)

Jeff Krehely, vice president for LGBT programs at the Center for American Progress, presented findings from the institute published in November on the impact that ENDA would have on small businesses.

According to the findings, most small businesses already have non-discrimination protections. Seven out of 10 small businesses already prohibit discrimination against gay employees, and six out of 10 prohibit discrimination against transgender employees.

“It’s really a good news story out of the small business community because it shows that they are of a fair mindset when it comes to workplace equality,” Krehely said. “They recognize the fact that in today’s economy and today’s world the more inclusive and open you are, the better it is for your business, and this really translates into better recruitment and retention practices, less turnover — all the things that can disrupt a business of any size really.”

For small business that didn’t have the protections, Krehely said the response was that these companies didn’t think to institute them or didn’t think they had LGBT employees.

 

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The White House

Empty seats, canceled shows plague Kennedy Center ahead of Trump renaming

It would take an act of Congress to officially rename the historic music venue, despite the Trump-appointed board’s decision.

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Protesters march in defiance of the changes to the Kennedy Center following Trump's takeover in March. (Washington Blade Photo by Michael Key)

The board of the Kennedy Center in Washington, D.C., voted to rename it the Trump-Kennedy Center, according to the White House Press Office.

White House Press Secretary Karoline Leavitt announced the decision in a post on X Thursday, thanking the president for his work on the cultural center “not only from the standpoint of its reconstruction, but also financially, and its reputation.”

Speaking to reporters later that day at the White House, Trump said he was “surprised” and “honored” by the board’s vote.

“This was brought up by one of the very distinguished board members, and they voted on it, and there’s a lot of board members, and they voted unanimously. So I was very honored,” he said.

Earlier this year, GOP Rep. Mike Simpson of Idaho introduced an amendment that would have renamed the building after first lady Melania Trump, later saying she had not been aware of his efforts prior to the amendment’s public introduction.

Despite the board’s vote (made up of Trump-appointed loyalists), the original laws guiding the creation of the Kennedy Center during the Eisenhower, Kennedy, and Johnson administrations explicitly prohibit renaming the building. Any change to its name would require an act of Congress.

Trump has exerted increasing control over the center in recent months. In February, he abruptly fired members of the Kennedy Center’s board and installed himself as chair, writing in a Truth Social post at the time, “At my direction, we are going to make the Kennedy Center in Washington D.C., GREAT AGAIN.”

In that post, Trump specifically cited his disapproval of the center’s decision to host drag shows.

He later secured more than $250 million from the Republican-controlled Congress for renovations to the building.

Since Trump’s takeover, sales of subscription packages are said to have declined, and several touring productions — including “Hamilton” — have canceled planned runs at the venue. Rows of empty seats have also been visible in the Concert Hall during performances by the National Symphony Orchestra.

“The Kennedy Center Board has no authority to actually rename the Kennedy Center in the absence of legislative action,” House Minority Leader Hakeem Jeffries told reporters.

For decades, the Kennedy Center has hosted performances by LGBTQ artists and companies, including openly queer musicians, choreographers, and playwrights whose work helped push LGBTQ stories into the cultural mainstream. Those artists include the Gay Men’s Chorus of Washington, Harvey Fierstein, and Tennessee Williams.

In more recent years, the center has increasingly served as a space for LGBTQ visibility and acceptance, particularly through Pride-adjacent programming and partnerships.

That legacy was on display at this year’s opening production of Les Misérables, when four drag performers — Tara Hoot, Vagenesis, Mari Con Carne, and King Ricky Rosé — attended in representation of Qommittee, a volunteer network uniting drag artists to support and defend one another amid growing conservative attacks.

“We walked in together so we would have an opportunity to get a response,” said Tara Hoot, who has performed at the Kennedy Center in full drag before. “It was all applause, cheers, and whistles, and remarkably it was half empty. I think that was season ticket holders kind of making their message in a different way.”

The creation of the Kennedy Center is outlined in U.S. Code, which formally designates the institution as the John F. Kennedy Center for the Performing Arts.

As a result, it appears unlikely that Congress will come together to pass legislation allowing the historic venue to be renamed.

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The White House

HHS to restrict gender-affirming care for minors

Directive stems from President Donald Trump’s Jan. 28 executive order

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A protester stands outside Children's National Hospital in Northwest D.C. on Feb. 2, 2025. (Washington Blade photo by Linus Berggren)

The U.S. Department of Health and Human Services announced Thursday that it will pursue regulatory changes that would make gender-affirming healthcare for transgender children more difficult, if not impossible, to access.

The shift in federal healthcare policy 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 executive order outlines a broader effort to align HHS with the Trump–Vance administration’s policy goals and executive actions. Those actions include defunding medical institutions that provide gender-affirming care to minors by restricting federal research and education grants, withdrawing the 2022 HHS guidance supporting gender-affirming care, requiring TRICARE and federal employee health plans to exclude coverage for gender-affirming treatments for minors, and directing the Justice Department to prioritize investigations and enforcement related to such care.

HHS has claimed that gender-affirming care can “expose them [children] to irreversible damage, including infertility, impaired sexual function, diminished bone density, altered brain development, and other irreversible physiological effects.” The nation’s health organization published a report in November, saying that evidence on pediatric gender-affirming care is “very uncertain.”

The Centers for Medicare and Medicaid Services is now in the process of proposing new rules that would bar hospitals from performing what the administration describes as sex-rejecting procedures on children under age 18 as a condition of participation in Medicare and Medicaid programs. Nearly all U.S. hospitals participate in Medicare and Medicaid. HHS said that “this action is designed to ensure that the U.S. government will not be in business with organizations that intentionally or unintentionally inflict permanent harm on children.”

Health and Human Services Secretary Robert F. Kennedy Jr. released a statement alongside the announcement.

“Under my leadership, and answering President Trump’s call to action, the federal government will do everything in its power to stop unsafe, irreversible practices that put our children at risk,” Kennedy said. “This administration will protect America’s most vulnerable. Our children deserve better — and we are delivering on that promise.”

Those claims stand in direct opposition to the positions of most major medical and healthcare organizations.

The American Medical Association, the nation’s largest and most influential physician organization, has repeatedly opposed measures that restrict access to trans healthcare.

“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.”

Jennifer Levi, senior director of transgender and queer rights at GLBTQ Legal Advocates and Defenders, warned the proposed changes would cause significant harm.

“Parents of transgender children want what all parents want: to see their kids thrive and get the medical care they need. But this administration is putting the government between patients and their doctors. Parents witness every day how their children benefit from this care — care backed by decades of research and endorsed by major medical associations across the country. These proposed rules are not based on medical science. They are based on politics. And if allowed to take effect will serve only to drive up medical costs, harm vulnerable children, and deny families the care their doctors say they need. These rules elevate politics over children — and that is profoundly unAmerican.”

Human Rights Campaign President Kelley Robinson echoed Levi’s sentiments.

“The Trump administration is relentless in denying health care to this country, and especially the transgender community. Families deserve the freedom to go to the doctor and get the care that they need and to have agency over the health and wellbeing of their children,” Robinson said. “But these proposed actions would put Donald Trump and RFK Jr. in those doctor’s offices, ripping health care decisions from the hands of families and putting it in the grips of the anti-LGBTQ+ fringe. Make no mistake: these rules aim to completely cut off medically necessary care from children no matter where in this country they live. It’s the Trump administration dictating who gets their prescription filled and who has their next appointment canceled altogether.

The announcement comes just days after U.S. Rep. Marjorie Taylor Greene (R-Ga.) advanced legislation in Congress that would make it a felony to provide gender-affirming care to a child.

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As house Democrats release Epstein photos, Garcia continues to demand DOJ transparency

Blade this week sat down with gay House Oversight Committee ranking member

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A photo released by the House Oversight Committee showing Donald Trump 's close relationship with Jeffrey Epstein . (Photo courtesy of the U.S. House Oversight Committee)

Democrats on the House Oversight Committee have released new photos from Jeffrey Epstein’s email and computer records, including images highlighting the relationship between President Donald Trump and the convicted sex offender.

Epstein, a wealthy financier, was found guilty of procuring a child for prostitution and sex trafficking, serving a 13-month prison sentence in 2008. At the time of his death in prison under mysterious circumstances, he was facing charges of sex trafficking and conspiracy to traffic minors.

Among those pictured in Epstein’s digital files are Trump, former President Bill Clinton, former Trump adviser Steve Bannon, actor and director Woody Allen, economist Larry Summers, lawyer Alan Dershowitz, entrepreneurs Richard Branson and Bill Gates, and Andrew Mountbatten-Windsor.

One photo shows Trump alongside Epstein and a woman at a Victoria’s Secret party in New York in 1997. American media outlets have published the image, while Getty Images identified the woman as model Ingrid Seynhaeve.

Oversight Committee Democrats are reviewing the full set of photos and plan to release additional images to the public in the coming days and weeks, emphasizing their commitment to protecting survivors’ identities.

With just a week left for the Justice Department to publish all files related to Epstein following the passage of the Epstein Files Transparency Act, which requires the Justice Department to release most records connected to Epstein investigations, the Washington Blade sat down with U.S. Rep. Robert Garcia (D-Calif.), the ranking member on the Oversight Committee to discuss the current push the release of more documents.

Garcia highlighted the committee’s commitment to transparency and accountability.

U.S. Rep. Robert Garcia (D-Calif.) during a sit down with the Washington Blade. (Washington Blade photo by Michael Key)

“We’ve said anything that we get we’re going to put out. We don’t care who is in the files … if you’ve harmed women and girls, then we’ve got to hold you accountable.”

He noted ongoing questions surrounding Trump’s relationship with Epstein, given their long history and the apparent break in friendship once Trump assumed public office.

“There’s been a lot of questions about … Donald Trump and Jeffrey Epstein. They were best friends for 10 years … met women there and girls.”

Prior to Trump’s presidency, it was widely reported that the two were friends who visited each other’s properties regularly. Additional reporting shows they socialized frequently throughout the 1990s and early 2000s, attending parties at Trump’s Mar-a-Lago resort in Florida and Epstein’s residences. Flight logs from an associate’s trial indicate Trump flew on Epstein’s private jet multiple times, and Epstein claimed Trump first had sex with his future wife, Melania Knauss, aboard the jet.

“We’ve provided evidence … [that leads to] questions about what the relationship was like between Donald Trump and Jeffrey Epstein.”

Garcia stressed the need for answers regarding the White House’s role in withholding information, questioning the sudden change in attitude toward releasing the files given Trump’s campaign promises.

“Why is the White House trying to cover this up? So if he’s not covering for himself … he’s covering up for his rich friends,” Garcia said. “Why the cover up? Who are you hiding for? I think that’s the question.”

He confirmed that Trump is definitively in the Epstein files, though the extent remains unknown, but will be uncovered soon.

“We know that Trump’s in them. Yeah, he’s been told. We know that Trump’s in them in some way. As far as the extent of it … we don’t know.”

Garcia emphasized accountability for all powerful figures implicated, regardless of financial status, political party, or personal connections.

“All these powerful men that are walking around right now … after abusing, in some cases, 14‑ and 15‑year‑old girls, they have to be held accountable,” he said. “There has to be justice for those survivors and the American public deserves the truth about who was involved in that.”

He added that while he is the ranking member, he will ensure the oversight committee will use all available political tools, including subpoenas — potentially even for the president. 

“We want to subpoena anyone that we can … everyone’s kind of on the table.”

He also emphasized accountability for all powerful figures implicated, regardless of financial status, political party, or relationship with the president.

“For me, they’re about justice and doing the right thing,” Garcia said. “This is about women who … were girls and children when they were being abused, trafficked, in some cases, raped. And these women deserve justice.”

“The survivors are strong.”

Deputy White House Press Secretary Abigail Jackson issued a statement regarding the release the photos, echoing previous comments from Republicans on the timing and framing of the photos by the Oversight Committee.

“Once again, House Democrats are selectively releasing cherry-picked photos with random redactions to try and create a false narrative,” Jackson said.

“The Democrat hoax against President Trump has been repeatedly debunked and the Trump administration has done more for Epstein’s victims than Democrats ever have by repeatedly calling for transparency, releasing thousands of pages of documents, and calling for further investigations into Epstein’s Democrat friends,”

In a press release on Friday, Garcia called for immediate DOJ action:

“It is time to end this White House cover-up and bring justice to the survivors of Jeffrey Epstein and his powerful friends. These disturbing photos raise even more questions about Epstein and his relationships with some of the most powerful men in the world. We will not rest until the American people get the truth. The Department of Justice must release all the files, NOW.”

Steve Bannon and Jeffrey Epstein in Epstein Files photo. (Photo courtesy of the U.S. House Oversight Committee)
Trump in another photo from Epstein’s digital files. (Photo courtesy of the U.S. House Oversight Committee)
(Photo courtesy of the U.S. House Oversight Committee)
Bill Gates and Andrew Montbatton-Windsor in Epstein Files photo. (Photo courtesy of the U.S. House Oversight Committee)
Bill Clinton, Ghislaine Maxwell and Jeffrey Epstein in Epstein Files photo.
(Photo courtesy of the U.S. House Oversight Committee)
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