Politics
1 year later, White House still withholding workplace protections
Advocates call for Obama to act now, fulfill campaign promise
The White House told LGBT advocates a year ago President Obama won’t issue ‘at this time’ an ENDA executive order. (Blade file photo by Michael Key)
Last week marked one year since a high-profile White House meeting in which senior adviser Valerie Jarrett told LGBT advocates that President Obama would not take administrative action to protect LGBT workers from discrimination.
During that meeting, which took place on April 11, 2012, the advocates were informed Obama wouldn’t issue “at this time” a much-sought executive order that would bar federal contractors from discriminating against LGBT workers.
The next day, White House Press Secretary Jay Carney fielded questions from reporters for eight minutes on the decision and explained the administration prefers a legislative approach to the issue of LGBT workplace discrimination — the Employment Non-Discrimination Act. One year after that meeting, some advocates are wondering how long Obama is willing to wait.
Tico Almeida, president of Freedom to Work, was among those at the meeting. He said it is long past time for Obama to issue the executive order, which he considered a campaign promise.
“One year ago, the White House staff gave exactly zero persuasive reasons for delaying the executive order, and it’s time for the president to build on his impressive record and fulfill this campaign promise right away,” Almeida said. “There were no valid reasons for delaying a year ago, and there are no valid reasons for delaying today.”
Almeida has considered the executive order a campaign promise based on an affirmative response on a questionnaire to the Houston GLBT Political Caucus in 2008 from Obama indicating that he supports a non-discrimination policy for all federal contractors based on sexual orientation and gender identity.
Action to prohibit workplace discrimination is seen as the only major LGBT issue on which President Obama has yet to make any substantive progress since the start of his presidency. No state laws prohibit discriminating against or firing someone for being gay in 29 states or for being transgender in 34 states.
Still, the White House hasn’t changed its tune on the executive order. Asked Monday for an update on the directive, Shin Inouye, a White House spokesperson, replied, “Regarding a hypothetical Executive Order on LGBT non-discrimination for federal contractors, I have no updates for you on that issue.”
Almeida said he doesn’t know when the White House might change course and issue the order, nor would he comment on recent conversations Freedom to Work has had with the White House on the directive.
Still, Almeida said he remains optimistic that Obama “will do the right thing and fulfill this campaign promise and create strong and enforceable workplace protections in nearly one-fourth of the jobs in the United States.”
A report from the Williams Institute last year estimated that 16 million workers would receive non-discrimination protections if Obama were to issue the executive order. However, that estimate applies to all workers at federal contractors — gay or straight. Based on numbers that LGBT people make up 4 percent of the country’s workforce, the report estimates that the number of LGBT people who would gain protections as a result of the directive would be between 400,000 and 600,000 people.
On the day of that meeting one year ago, LGBT advocates ranging from the Human Rights Campaign to the National Gay & Lesbian Task Force issued statements expressing their disappointment.
One little-noticed quote in ThinkProgress from Winnie Stachelberg, senior vice president for external affairs at the Center for American Progress, stated the White House’s Council of Economic Advisors “will launch a study to better understand workplace discrimination.”
Stachelberg didn’t respond to multiple requests for comment about the quote for more information on the study. A source familiar with the meeting, who spoke on condition of anonymity, said White House officials didn’t say CEA would conduct a study, but noted there are multiple options for how to study the issue and gave CEA as an example.
Meanwhile, LGBT advocates have been building support for the executive order among allies in Congress and other advocacy organizations. Since February, Obama has received a letter from 37 U.S. senators, another from 54 LGBT organizations and yet another from 110 U.S. House Democrats. The response to each letter was the same: no executive order at this time.
Michael Cole-Schwartz, spokesperson for the Human Rights Campaign, said his organization is still pushing for the executive order, but also sees opportunity for the advancement of legislation to address the issue of anti-LGBT workplace bias.
“HRC believes the president should issue a federal contractor EO as soon as possible,” Cole-Schwartz said. “The need for such an order, and the authority to issue one, is clear. While the LGBT community waits for the president to act, Congress must move forward with ENDA, including a Senate committee markup and floor consideration.”
As calls for the executive order continue, renewed focus has been on the advancement of ENDA in Congress — in particular a Senate floor vote on the bill. Although the legislation has yet to be introduced in the 113th Congress, that introduction — along with changes to ENDA — is expected later this month.
With movement doubtful in the Republican-controlled House, the Senate is the chamber most likely to advance the bill because it expanded Democratic numbers since the 2012 election and because Senate Health, Education, Labor and Pensions Committee Chair Tom Harkin (D-Iowa), who has jurisdiction over ENDA, has already pledged to move the legislation out of committee this year. The office of Senate Majority Leader Harry Reid (D-Nev.) has said Democratic leadership “looks forward to working with” Harkin to set up a floor vote on the bill.
Stacey Long, the National Gay & Lesbian Task Force director of Public Policy & Government Affairs, said her organization is among those that want a Senate floor vote on ENDA after Harkin’s markup of the legislation is complete.
“Economic security and employment protections are major priorities for The Task Force and the Employment Non-Discrimination Act is critically important,” Long said. “LGBT people are still suffering at work and the situation has been compounded by the downturn in our nation’s economy. We have been pressing for a Senate committee markup followed by a vote on the Senate floor. Of course, the legislation first has to be reintroduced and we expect that will happen sometime this month.”
In response to a question on whether Obama wants an ENDA floor vote in the Senate, Inouye responded, “The president has long supported an inclusive ENDA, and we would welcome action in either chamber on this legislation.”
A Reuters article published on Sunday quotes Jarrett as saying ENDA “is a priority,” but also reports that congressional aides see little evidence the White House is pushing to win support for the bill while it’s busy with gun control, immigration reform and the budget.
Almeida said he wants Obama to make clear that he wants a Senate floor vote on ENDA by using the bully pulpit to call on the full chamber to take action during an upcoming speech “well before the Senate ENDA vote that many advocates are pushing for this year.”
“I think a signing ceremony this spring for the executive order would be the perfect opportunity for the president to explain how America’s businesses and LGBT employees all benefit from workplace fairness,” Almeida said. “He can publicly challenge both chambers of Congress to pass ENDA while signing the executive order that will cover nearly 1 in 4 jobs throughout the United States.”
Congress
House passes reconciliation with gender-affirming care funding ban
‘Big Beautiful Bill’ now heads to the Senate
The Republican-led U.S. House of Representatives on Thursday voted 215-214 for passage of the “One Big Beautiful Bill Act” reconciliation package, which includes provisions that would prohibit the use of federal funds to support gender-affirming care.
But for an 11th hour revision of the bill late Wednesday night by conservative lawmakers, Medicaid and CHIP would have been restricted only from covering treatments and interventions administered to patients younger than 18.
The legislation would also drop requirements that some health insurers must cover gender-affirming care as an “essential health benefit” and force states that currently mandate such coverage to find it independently. Plans could still offer coverage for transgender care but without the EHB classification patients will likely pay higher out of pocket costs.
To offset the cost of extending tax cuts from 2017 that disproportionately benefited the wealthiest Americans, the reconciliation bill contains significant cuts to spending for federal programs like Medicaid and the Supplemental Nutrition Assistance Program.
The Human Rights Campaign criticized House Republicans in a press release and statement by the group’s president, Kelley Robinson:
“People in this country want policies and solutions that make life better and expand access to the American Dream. Instead, anti-equality lawmakers voted to give handouts to billionaires built on the backs of hardworking people — with devastating consequences for the LGBTQ+ community.
“If the cuts to programs like Medicaid and SNAP or resources like Planned Parenthood clinics weren’t devastating enough, House Republicans added a last minute provision that expands its attacks on access to best practice health care to transgender adults.
“This cruel addition shows their priorities have never been about lowering costs or expanding health care access–but in targeting people simply for who they are. These lawmakers have abandoned their constituents, and as they head back to their districts, know this: they will hear from us.”
Senate Republicans are expected to pass the bill with the budget reconciliation process, which would allow them to bypass the filibuster and clear the spending package with a simple majority vote.
Changes are expected as the bill will be reviewed and amended by committees, particularly the Finance Committee, and then brought to the floor for debate — though modifications are expected to focus on Medicaid reductions and debate over state and local tax deductions.
Congress
Gerry Connolly dies at 75 after battle with esophageal cancer
Va. congressman fought for LGBTQ rights
Democratic U.S. Rep. Gerry Connolly of Virginia died on Wednesday, according to a statement from his family.
The 75-year-old lawmaker, who served in Congress since 2009, announced last month that he will not seek reelection and would step down from his role as the top Democrat on the powerful U.S. House Oversight Committee because his esophageal cancer had returned.
“We were fortunate to share Gerry with Northern Virginia for nearly 40 years because that was his joy, his purpose, and his passion,” his family said in their statement. “His absence will leave a hole in our hearts, but we are proud that his life’s work will endure for future generations.”
“He looked out for the disadvantaged and voiceless. He always stood up for what is right and just,” they said.
Connolly was memorialized in statements from colleagues and friends including House Democratic Leader Hakeem Jeffries (N.Y.), Republican House Speaker Mike Johnson (La.), former President Joe Biden, and U.S. Rep. Jamie Raskin (D-Md.).
Several highlighted Connolly’s fierce advocacy on behalf of federal workers, who are well represented in his northern Virginia congressional district.
The congressman also supported LGBTQ rights throughout his life and career.
When running for the Fairfax County Board of Supervisors in 1994, he fought the removal of Washington Blade newspapers from libraries. When running in 2008 for the U.S. house seat vacated by Tom Davis, a Republican, Connolly campaigned against the amendment to Virginia’s constitution banning same-sex marriage and civil unions in the state.
In Congress, he supported the repeal of “Don’t Ask, Don’t Tell,” the U.S. Supreme Court’s ruling on marriage equality, the Biden-Harris administration’s rescission of the anti-trans military ban, and the designation within the State Department of a special LGBTQ rights envoy. The congressman also was an original cosponsor of the Equality Act and co-sponsored legislation to repeal parts of the Defense of Marriage Act.
Congress
Marjorie Taylor Greene’s bill to criminalize gender affirming care advances
Judiciary Committee markup slated for Wednesday morning
U.S. Rep. Marjorie Taylor Greene (R-Ga.)’s “Protect Children’s Innocence Act,” which would criminalize guideline-directed gender affirming health care for minors, will advance to markup in the House Judiciary Committee on Wednesday morning.
Doctors and providers who administer medical treatments for gender dysphoria to patients younger than 18, including hormones and puberty blockers, would be subject to Class 3 felony charges punishable by up to 10 years in prison if the legislation is enacted.
LGBTQ advocates warn conservative lawmakers want to go after families who travel out of state to obtain medical care for their transgender kids that is banned or restricted in the places where they reside, using legislation like Greene’s to expand federal jurisdiction over these decisions. They also point to the medically inaccurate way in which the bill characterizes evidence-based interventions delineated in standards of care for trans and gender diverse youth as “mutilation” or “chemical castration.”
Days into his second term, President Donald Trump signed “Protecting Children from Chemical and Surgical Mutilation,” an executive order declaring that the U.S. would not “fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit” medical treatments and interventions intended for this purpose.
Greene, who has introduced the bill in years past, noted the president’s endorsement of her bill during his address to the joint session of Congress in March when he said “I want Congress to pass a bill permanently banning and criminalizing sex changes on children and forever ending the lie that any child is trapped in the wrong body.”
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