National
After action on immigration, will Obama move to protect LGBT workers?
White House says no executive order ‘at this time’
President Obama’s action last week protecting many young, undocumented immigrants from deportation has won praise in progressive circles — including among LGBT advocates — but the move raises a question: Can the LGBT community now expect that the previously denied administrative actions they’ve been seeking will come to fruition?
On Friday, the Obama administration announced that an estimated 800,000 young undocumented immigrants who were brought into the United States will be considered for relief from removal from the country if they meet certain criteria. Among the criteria is whether the person in question has a college education or has served in the military. Those criteria would have protected such immigrants from deportation had Congress passed the DREAM Act.
During remarks in the White House Rose Garden, Obama announced the policy change and said it was a means to keep talented people in the United States.
“As I said in my speech on the economy yesterday, it makes no sense to expel talented young people, who, for all intents and purposes, are Americans — they’ve been raised as Americans; understand themselves to be part of this country — to expel these young people who want to staff our labs, or start new businesses, or defend our country simply because of the actions of their parents — or because of the inaction of politicians,” Obama said.
Excitement among immigration rights advocates ensued and hundreds of young people swarmed the White House to rally in support of the president’s action. And this praise was echoed by LGBT rights advocates.
Rea Carey, executive director of the National Gay & Lesbian Task Force, was among those who praised the move.
“We applaud the Obama administration for taking this monumental and inspiring step,” Carey said. “It shows true leadership. It is heartening to know that hundreds of thousands of young people will no longer have to live in daily fear of being forced out of the country, away from the life and dreams they have built.”
But the policy change marks a turnabout for the administration, which had previously stated it wanted legislative action on the DREAM Act as opposed to pursuing executive action.
In September remarks before the Congressional Hispanic Caucus Institute’s annual gala, Obama talked about wanting Congress to take action on the DREAM Act
“I wish I had a magic wand and could make this all happen on my own,” Obama said. “There are times where — until Nancy Pelosi is speaker again — I’d like to work my way around Congress. But the fact is, even as we work towards a day when I can sign an immigration bill, we’ve got laws on the books that have to be upheld.”
To be fair, Obama didn’t completely rule out executive action on the DREAM Act at the gala. Saying “how we enforce those laws is also important,” the president noted the Department of Homeland Security is taking common-sense steps for immigration enforcement.
But the remarks should ring a bell. They’re along the lines of similar talking points that administration officials have expressed in regard to actions sought by the LGBT community. Now that the administration has taken action to help young, undocumented immigrants, will it reconsider its position on those other actions?
Perhaps the most high-profile outstanding request of the administration is an executive order requiring contractors doing business with the federal government to have employment non-discrimination policies inclusive of sexual orientation and gender identity. In April, the White House announced it wouldn’t take such action at this time and was opting instead for a legislative solution.
Felipe Matos, GetEQUAL’s national field director and a gay, undocumented immigrant, said last week following the announcement that he’s happy with Obama’s action, but wants to see more efforts on employment non-discrimination.
“I’m still reeling from the news and overjoyed by the announcement — but my heart has just enough room in it for another executive order,” Matos said. “It’s my hope that President Obama will make today especially historic by signing another executive order — one that will guarantee that I have the right to work freely and openly as an immigrant, but also as a gay American.”
Questions about why Obama chose to take administrative action on the immigration issue and not on the issue of LGBT workplace discrimination were asked even in Republican circles.
Richard Grenell, who’s gay and was briefly a foreign policy spokesperson for the Romney campaign, criticized Obama following the immigration announcement — reiterating a previously stated belief that Obama is playing politics with the LGBT community.
“President Obama obviously made a calculated political move to NOT give an executive order for ENDA,” Grenell said in an email to the Blade. “It’s painfully evident that the president doesn’t think gays are equal, he just thinks they are his solid and sure voting bloc and will treat us in raw political terms. Both parties, sadly, play politics with an issue that is about equality.”
For his part, Romney is facing his own political problems as a result of the DREAM Act administrative action. While taking a hard line on immigration during the Republican primary and saying he’d veto the DREAM Act, Romney has refused to say following Obama’s move whether he’d undo the action if elected president.
Despite these calls, the administration hasn’t changed its line on LGBT employment non-discrimination policy in the wake of the immigration policy.
Shin Inouye, a White House spokesperson, said nothing has changed in the administration’s position, reiterating that the directive won’t happen “at this time.”
“As has been previously stated, while it is not our usual practice to discuss executive orders that may or may not be under consideration, an order on LGBT non-discrimination for federal contractors will not be issued at this time,” Inouye said.
Another request of the administration is meant to protect bi-national same-sex couples from separation. Straight Americans can marry their foreign spouses to protect from deportations, but the same option isn’t available to gay Americans because of DOMA.
LGBT immigration rights groups have been asking the Department of Homeland Security to hold in abeyance the marriage-based green card applications for foreign nationals in same-sex relationships. The administration has said consistently in response to requests for this action that it plans to continue to enforce DOMA while it’s on the books.
Rachel Tiven, executive director of Immigration Equality, called the immigration announcement “great news for our country” and said it would protect gay foreign nationals in same-sex couples if they qualify for relief under the DREAM Act. Still, she called for additional action.
“No person should face forcible separation from their families, regardless of their age,” Tiven said. “That is why the White House should follow today’s announcement with a proposal to extend that same relief to immigrants with U.S.-citizen partners and spouses across the board. Keeping families together is good policy, and all families, including those that are LGBT, should have the support of the president in the form of a similar policy.”
Lavi Soloway, co-founder of Stop the Deportations, said he celebrates the move but wants additional action from the administration for bi-national couples in the wake of decisions from six federal courts finding DOMA unconstitutional.
“Every day these couples worry that they will be torn apart or forced into exile in order to stay together,” Soloway said. “This administration has said that denying green cards to the spouses of gay and lesbian Americans is a violation of the equal protection guarantee of the U.S. Constitution, but has not taken the steps necessary to mitigate the discriminatory impact of DOMA in this area.”
The actions that Soloway is seeking are: ordering an immediate moratorium on deportations of the foreign partners of gay Americans; providing temporary parole to the partners, spouses and children of gay Americans who are stuck outside the United States so that these families can be reunited; and putting on hold all “green card” petitions filed by gay Americans for their spouses.
Peter Boogard, a DHS spokesperson, reiterated that it will continue to enforce DOMA when asked about holding marriage-based green cards in abeyance.
“Pursuant to the attorney general’s guidance, the Defense of Marriage Act remains in effect and the executive branch, including the Department of Homeland Security, will continue to enforce it unless and until Congress repeals it, or there a final judicial determination that it is unconstitutional,” Boogard said.
But recent news may be an indication that the Obama administration is changing its tune. In recent weeks, the Board of Immigration Appeals has rejected the denial of green card petitions issued by U.S. Citizenship and Immigration Services in the cases filed by four married, gay couples who live in in Florida, New York, Pennsylvania and Canada.
In all cases, the BIA ordered the USCIS to conduct further inquiry to determine if these marriages are legally valid and whether if not for DOMA, the spouse would qualify for a green card.
In one case, the ruling re-opened removal proceedings for the spouse of a gay American who is facing an outstanding deportation order. According to Soloway, who’s handling the cases, the Board of Immigration Appeals has never before re-opened removal proceedings or remanded green card petitions back to USCIS after denials based solely on DOMA.
The Justice Department didn’t immediately respond to a request for comment.
LGBT advocates say they’ll continue to press forward. Speaking with the Washington Blade earlier this week, Chad Griffin, the new president of the Human Rights Campaign, commended Obama for taking action on immigration and said HRC will push forward when asked about these LGBT-related issues.
“HRC has been supportive of the DREAM Act for a long time,” Griffin said. “The president made an important step recently in the last week in what he announced and we have more to accomplish on some things that HRC will continue to voice our concern on.”
National
Results from key Tuesday primary races
State officials in California had not called the governor’s race as of Wednesday morning but Republican Steve Hilton and Democrat Xavier Becerra appear likely to advance to the general election.
The race for governor has been scrambled several times after Kamala Harris opted not to run, Rep. Eric Swalwell dropped out after sexual misconduct allegations surfaced, and Rep. Katie Porter’s campaign fizzled. Becerra would be the state’s first Latino governor since 1875 if elected. Hilton was endorsed by President Trump.
In the Los Angeles mayor’s race, the AP declared that incumbent Mayor Karen Bass will advance to the Nov. 3 runoff while former reality TV star Spencer Pratt and LA Council member Nithya Raman were competing for second place. California is notoriously slow in counting ballots and only about half of the results were available by Wednesday morning.
In San Francisco, Democratic State Sen. Scott Wiener advanced to the general election in November, besting Supervisor Connie Chan, who was endorsed by House Speaker Emerita Nancy Pelosi. Pelosi is retiring from Congress after nearly 40 years in the House.
In Iowa, Democratic state Rep. Josh Turek won the primary for an open U.S. Senate seat, defeating state Sen. Zach Wahls. Turek will face Rep. Ashley Hinson, who won the GOP primary with President Donald Trump’s endorsement, in the general election.
The Iowa seat is open because Sen. Joni Ernst (R) decided not to seek re-election. The primary was closely watched by LGBTQ advocates because Wahls rose to national prominence after a speech he made defending marriage equality went viral in 2011. Wahls was raised by a lesbian couple.
National
White House Correspondents’ Dinner rescheduled after shooting
‘We will not allow an act of violence to have the last word’
The White House Correspondents’ Association announced on Tuesday that it has rescheduled its annual dinner for July 24 after the April event was halted when gunshots rang out at the Washington Hilton.
Cole Allen, 31, is charged with the attempted assassination of President Trump, who was in the ballroom at the time of the incident. One Secret Service officer was wounded in the attack. Officers stopped Allen before he could enter the ballroom where 2,500 journalists and politicos were having dinner and waiting for Trump to speak. It was Trump’s first time attending as president.
“We will not allow an act of violence to have the last word, especially during a year when we are reflecting on the 250th anniversary of America and everything we stand for,” said WHCA President Weijia Jiang in a statement to members.
She did not announce further details, including venue and ticketing.
Washington Blade White House reporter Joe Reberkenny was in the audience when shots were fired and reported live on social media from the scene.
This post will be updated as more details are announced.
Federal Government
Advocates push back on proposed FCC warning labels
New rating system public notice seeking comments issued on April 22
The Federal Communications Commission is considering a new rating system that would require a warning label to appear before any television content that includes LGBTQ characters.
On April 22, the FCC issued a public notice asking Americans to submit comments on whether the TV Oversight Management Board should create new TV ratings to alert viewers to “transgender and gender nonbinary programming” and “the discussion or promotion of gender identity themes.”
This proposed warning would appear before content, similar to warnings that explain a program contains sexual content, drug use, or violence — categories that Congress explicitly included in the Telecommunications Act of 1996 on the grounds of obscenity and violence that some parents “believe is harmful to their children.”
The public notice says that “recently, parents have raised concerns that controversial gender identity issues are being included or promoted in children’s programs without providing any disclosure or transparency to parents.”
It goes on to say that not having a warning for trans and nonbinary people is “undermining the ability of parents to make informed choices for their families.”
LGBT Tech is an organization that works to provide LGBTQ representation in mainstream media or entertainment. The group notes 81 percent of trans respondents it surveyed said these representations had a positive impact on them discovering or learning about their identity.
“These numbers reflect a basic truth: for many people, and especially young people, seeing LGBTQ+ lives represented in ordinary media is not harmful. It is formative, affirming, and often lifesaving.”
Since the public notice’s publication, more than 40 organizations have come out against the proposed alert.
GLAAD President Sarah Kate Ellis issued a statement in May on the proposal, highlighting what she described as a concerted effort by the Trump-Vance administration to other trans and nonbinary people.
“The FCC does not set TV ratings, but under this administration the FCC has repeatedly tried to control what Americans can see on their own televisions. This government overreach is dangerous and a threat to our community and our democracy,” Ellis said.
“LGBTQ+ people and their families deserve to see their lives represented in the media they watch. And media companies must have the freedom to create programming that appeals to their viewers and subscribers without interference from a government pursuing its own anti-LGBTQ+ political agenda.”
Human Rights Campaign President Kelley Robinson pointed out that this is an act of politically motivated policy, not one based on any rhyme or reason.
“LGBTQ+ stories matter and deserve to be told, seen, and heard,” Robinson said. “The Trump administration does not get to use the FCC to try and erase us simply because they want to pretend to live in a world where we don’t exist. This is a brazen form of political interference that will hurt the ability of all people to appreciate, understand, and learn about the world and people around them.”
Brian Dittmeier, director of LGBTQI+ equality at the National Women’s Law Center Action Fund, echoed Robinson’s concerns that this is attempted censorship for the sake of political gain.
“The FCC is cloaking itself in purported concern for parents in an attempt to censor content, intimidate industry, and silence depictions of our trans siblings and neighbors,” Dittmeier wrote. “The FCC is overstepping its authority to undermine the existing ratings system, which is well understood by parents and enjoys broad public support. The FCC’s presumption that it knows better does not reflect parents’ priorities and reeks of government overreach.”
PFLAG National Vice President of Policy and Government Affairs Diego Sanchez said this is federal government overreach into censorship — something the First Amendment protects against.
“The FCC has given us yet another example of what ‘small government’ means: small enough to fit in your living room; to interrupt family movie night; small enough to make home feel unsafe,” Sanchez said. “Parents and families with transgender loved ones in particular know too well how big government actions impact their families directly, because they feel those impacts before everyone else.”
This proposed warning follows a slew of other federal actions targeting trans people in America, including Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which mandated that only sex assigned at birth be used on federal government documents regardless of gender identity, as well as broad-based restrictions on gender-affirming care, particularly for trans minors.
