News
6 hints that ENDA exec order may be coming
Despite White House comments, evidence exists directive under consideration


White House Press Secretary, Jay Carney insists an executive order for LGBT workers is “hypothetical” (Washington Blade photo by Damien Salas).
If you tuned into his daily news conferences, you might get the sense from White House Press Secretary Jay Carney that the administration isn’t actively considering an executive order that would bar federal contractors from discriminating against LGBT workers.
One word that Carney often uses to describe the much sought directive is “hypothetical.”
That’s the word he used on Thursday when asked about the latest piece of evidence the order may be forthcoming — White House counselor John Podesta’s assertion on Bloomberg TV that the executive order is “under consideration.”
“I don’t have any updates on that hypothetical EO; I can tell you that we strongly support action by the House in keeping with what the Senate did to get the Employment Non-Discrimination Act passed into law,” Carney said.
Speaking more to the point of Podesta’s assertion about an LGBT directive, Carney said “we look at and consider a lot things,” which neither confirms nor denies the directive is being discussed in the West Wing.
Instead, Carney took the opportunity to highlight President Obama’s support for ENDA, legislation that would bar employers from discriminating against or firing LGBT workers.
“If you look at the data on this issue — and specifically on the Employment Non-Discrimination Act — I think it is overwhelmingly demonstrated that this has the support of the American people across the country,” Carney said. “And as I’ve said again and again, this is — history is moving on this issue in the right direction, and opposing these kinds of things means finding yourself on the wrong side of history.”
The Senate passed ENDA on a bipartisan basis in September by a 64-32 vote. But the bill has seen no movement in the House, where Speaker John Boehner (R-Ohio) has continually said he opposes it. Last week, the Washington Blade reported that Boehner told the LGBT Equality Caucus there’s “no way” ENDA will get done this year.
Carney’s characterization of the executive order as hypothetical is riling at least one LGBT advocate, Freedom to Work’s Tico Almeida, who continues to say the directive is anything but hypothetical.
“There was nothing hypothetical about President Obama’s campaign promise to the LGBT community that he would take executive action to combat workplace discrimination at federal contractors,” Almeida told the Blade. “We’ll keep pushing until these workplace protections become a reality. It’s long past time to sign.”
It’s not the first time in recent memory the White House referred to the order as hypothetical. Just last week, he referred to the order as “hypothetical” in response to questioning from the Blade that ended testily.
After the conclusion of the briefing on Thursday, the Washington Blade shouted out to Carney: If the executive order were under consideration would you say so publicly? The White House spokesperson gave no response.
Evidence exists the White House is internally engaged in a process that would likely lead to President Obama signing the executive order. The Washington Blade has identified six hints the order is forthcoming despite the lack of updates in the White House briefing room.
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1. Podesta’s comments the executive order is ‘under consideration’
The stongest evidence is Podesta — a known proponent of U.S. presidents taking executive action from his previous work heading the Center for American Progress — unequivocally saying just last week the LGBT executive order is “under consideration” when asked about it by Bloomberg News.
“Well, what he said in the State of the Union was he was going to require federal contractors to pay a minimum wage of $10.10,” Podesta said. “The order that you’re talking about is under consideration at the White House. We’re looking at that.”
Asked by Bloomberg what Obama is likely to do, Podesta said, “Well, you know, I’m not going to prejudge that.” Podesta said there’s no good case for workplace discrimination.
2. DNC Treasurer e-mail saying ‘process’ holding up directive
Along those lines is an e-mail from Andy Tobias, treasurer of the Democratic National Committee, to LGBT donors on an off-the-record listserv indicating everyone in the administration is in favor of the executive order and the only thing holding it up is a “process.” The email, dated May 30, 2013, was leaked to the Washington Blade last year.
“I have spoken to people in an attempt to understand better myself what the delay is — and to lobby for its getting done,” Tobias wrote. “Those people have left me satisfied that our frustration is heard, that the hold-up is not staffers who oppose our rights but a process that is broader than just this one very important and long delayed agenda item.”
Tobias, who’s gay, indicates later in the email he’s convinced the order will happen at some point, noting other LGBT achievements and saying, “But they got done and this will get done too.“
3. White House continues to ‘study’ issue
In April 2012, when Senior Adviser to the President Valerie Jarrett met with LGBT advocates and told them the executive order wouldn’t happen at this time, one media report suggested forward movement was still happening.
ThinkProgress published a piece quoting Winnie Stachelberg, vice president of external relations at the Center for American Progress, saying instead of issuing the order the White House Council of Economic Advisers “will launch a study to better understand workplace discrimination.”
When asked about that quote by the Washington Blade close to the one-year anniversary of that meeting, White House spokesperson Shin Inouye said, “We continue to study the issue.” Sources familiar with the meeting said Jarrett didn’t say CEA would conduct the study, but noted there are multiple approaches and gave CEA as an example.
The White House has since declined to give more detail on the nature of the study — such as its purpose or whether it’s being done as a formal commission or an informal examination — nor say when it’ll be complete.
4. Obama’s 2008 campaign promise
LGBT advocates — including at Freedom to Work and the Human Rights Campaign — continue to say President Obama promised to sign the executive order when competing against Hillary Clinton for the Democratic nomination for president.
Their evidence it’s a campaign promise: an apparent 2008 questionnaire from the GLBT Houston Political Caucus that emerged in 2012 during Obama’s re-election campaign. Although it says nothing explicit about an executive order, Obama was asked if he supports a formal written policy against LGBT discrimination for federal contractors. The response was simply “yes.”
The White House has dodged when asked to comment on whether the president believes the order is a campaign promise. Noel Freeman, current president of the caucus, told the Blade he’s unable to verify the authenticity of the questionnaire.
5. Labor, Justice departments OK exec order: sources
Back when the idea of an executive order was gaining ground prior to the 2012 election, sources close to the administration told the Blade the Labor and Justice departments had green-lighted the directive, saying it could be implemented if the president signed it.
U.S. Attorney General Eric Holder is slated to give the keynote address at the Human Rights Campaign’s gala in New York City on Saturday. The content of his speech is thus far under wraps, but given the Justice Department’s work on this issue, it’s not outside the realm of possibility that he’ll make an announcement regarding the executive order.
6. Obama saying he’ll use his pen if Congress fails to act
The last piece of evidence suggesting an order may be forthcoming: President Onama’s declaration during the State of the Union address that he’ll take executive action if Congress refuses to act on his agenda.
“America does not stand still — and neither will I,” Obama said. “So wherever and whenever I can take steps without legislation to expand opportunity for more American families, that’s what I’m going to do.”
Obama has already acted on this threat by pledging to sign an executive order requiring federal contractors to pay employees a minimum wage of $10.10 an hour.
Given the media attention on the LGBT executive order, it stands to reason that issuing the order if Congress doesn’t move forward with ENDA has crossed Obama’s mind.
Uruguay
Former Uruguayan president José Mujica dies at 89
One-time guerrilla fighter signed marriage equality law in 2012

Former Uruguayan President José “Pepe” Mujica died on Tuesday. He was 89.
Mujica, a farmer, was a member of Tupamaros National Liberation Movement, a leftist guerrilla group that carried out bank robberies and bombings and kidnapped politicians and businessmen in the South American country during the 1960s and 1970s.
Mujica spent nearly 15 years in prison. The right-wing military dictatorship that governed Uruguay from 1973-1985 tortured him and held him in solitary confinement for a decade.
Mujica in 1989 joined the Movement of Popular Participation, a party that is part of the Broad Front, a leftist political coalition. Mujica was Uruguay’s president from 2010-2015.
Laws that extended marriage rights to same-sex couples and legalized abortion took effect in 2013 and 2012 respectively. Mujica in 2013 also signed a law that legalized recreational marijuana in Uruguay.

Mujica earlier this year announced he would not undergo further treatment for esophagus cancer that had spread to his liver. The AP notes he died in his small house outside of Montevideo, the Uruguayan capital.
“With profound pain we announced that our friend Pepe Mujica has died,” said Uruguayan President Yamandú Orsi, who currently leads the Broad Front, on X. “President, activist, guide, and leader. We are going to miss you very much, dear old man. Thank you for everything that you gave us and for your profound love for your people.”
Esteban Paulón, a gay congressman in neighboring Argentina, celebrated Mujica as a “guide” for “Latin American progressivism.”
“He made humility, honesty and austerity his hallmarks,” said Paulón on social media.
District of Columbia
Oral arguments held in Casa Ruby civil suit appeals case
Alston Foundation urges judges to overturn dismissal of ‘negligence’ lawsuit

A three-judge panel of the D.C. Court of Appeals heard oral arguments May 7 on whether a 2023 decision by a D.C. Superior Court judge dismissing a lawsuit against seven of the eight former board members of the now-defunct Casa Ruby LGBTQ community services center should be overturned.
The Wanda Alston Foundation, an LGBTQ youth housing services group that assumed control over the operations of Casa Ruby in August 2022 under a court appointed receivership role, filed its lawsuit against the former board members in December 2022 under the Casa Ruby name.
It accuses them of violating D.C.’s nonprofit corporations’ law by failing to “hold regular meetings/or maintain official records – thereby exercising no oversight or governance over the organization.”
Among other things, the lawsuit said the former board members failed to take steps to prevent Casa Ruby’s founder and former executive director, Ruby Corado, from embezzling large sums of Casa Ruby funds for personal use.
Corado, who was arrested in March 2024 on multiple embezzlement related charges, pleaded guilty in July 2024 to a single charge of wire fraud under a plea agreement with prosecutors. She is scheduled to be sentenced on July 29, 2025.
The lawsuit called on the court to require Corado and the former board members to pay “restitution, compensatory damages, punitive damages, receivership fees and expenses, court costs, attorneys’ fees and expenses and any other relief the court deems necessary and proper.”
In May 2023, at the request of defense attorneys, D.C. Superior Court Judge Danya A. Dayson dismissed the lawsuit against seven of the eight former board members but did not dismiss the case against Corado and one of the board members who allegedly received improper financial benefits from Corado.
Dayson stated in her dismissal decision that it was based on her interpretation of a D.C. law that members of an organization’s board of directors can only be held liable for harming an organization like Casa Ruby if they “intentionally, rather than negligently, inflicted harm on Casa Ruby.”
According to Dayson, the law in question also says board members can be held responsible for harming an organization if a “board member intentionally violated a criminal law or that the board member received some amount of money to which they were not entitled.” She states in her decision that the Alston Foundation lawsuit did not provide sufficient evidence that the seven board members committed those types of violations.
Attorneys for the Alston Foundation disputed Dayson’s interpretation of the law in their initial legal brief filed before the D.C. Court of Appeals in February 2024. Among other things, the brief argued that the Alston Foundation’s Third Interim Report in its role as Casa Ruby receiver provides sufficient evidence that the former board members are legally liable for harming Casa Ruby.
That and follow-up briefs and their oral arguments at the May 7, 2025, hearing state that the appeals court can find that the former board members “were deliberately indifferent’ or ‘willfully blind’ to the alleged wrongful conduct of the nonprofit’s executive director amounting to actual knowledge on their part that inaction would harm the non-profit, ultimately and forcibly leading to its financial inability to continue operating.”
A follow-up brief filed by Alston Foundation attorney Theodore Howard argues that the former board members violated Casa Ruby’s by-laws by conducting only one board meeting in six years.
According to the brief, that “allowed Ms. Corado to maintain complete authority over the organization, including by allowing her to unilaterally appoint new Board members” and allowed her “to maintain sole control over Casa Ruby’s bank and financial accounts, even after Ms. Corado cut off access to those accounts to anyone but herself.”
An opposing brief filed by attorney Marlin Grifith, who is representing former board member Miguel Rivera, states that the decision dismissing the lawsuit correctly interpreted the law pertaining to nonprofit corporations.
“The Superior Court did not err…,” the brief states, adding “there are no facts alleged that support a conclusion of reasonable inference that the individual board members acted with actual knowledge that their inaction would cause harm to the organization.”
Howard, the attorney representing the Alston Foundation in its role as Casa Ruby receiver, said the attorneys on both sides of the case are now waiting for the three-judge appeals court panel to issue their decision.
If they rule in favor of Casa Ruby/Alston Foundation, the case will be sent back to the Superior Court for further proceedings on the lawsuit, Howard said. He said negotiations would likely begin for a possible out-of-court settlement.
If the appeals court rules in favor of the former board members by finding they did not intentionally and knowingly inflict harm to Casa Ruby, “then the case, at least as between Casa Ruby [via the Alston Foundation] and the former board of directors, will be over,” Howard said.
Congress
HRC: GOP reconciliation bill would imperil critical LGBTQ-specific programs
Republicans on House Ways and Means Committee released full text Monday

The cuts to federal spending in a reconciliation proposal published on Monday by the U.S. House Ways and Means Committee’s Republican majority could jeopardize critical programs that disproportionately serve LGBTQ communities, the Human Rights Campaign warned.
As lawmakers were set to convene for a markup on Tuesday, the country’s largest LGBTQ advocacy group said in a press release that the bill would “pose significant threats” particularly for those that might be “low-income, living with HIV, or facing food insecurity.”
HRC added that conservative members have added provisions that would (1) prohibit the use of federal Medicaid and CHIP funding to support guideline-directed, medically necessary healthcare interventions for transgender youth (2) prevent “states from defining that care as ‘essential health benefits’ for transgender people of all ages,” and (3) block funding for health providers like Planned Parenthood that “have worked diligently to create welcoming, affirming environments for the LGBTQ+ community and that are committed to reproductive freedom and providing care to all who need it.”
Since reconciliation is carved out as an exemption to the Senate filibuster, which typically requires a 60-vote threshold for legislation to pass, Republicans would need only a simple majority in the upper chamber.
In a statement, HRC President Kelley Robinson said:“People in this country have been clear — they want policies and solutions that make life better and expand access to the American Dream. Instead, anti-equality lawmakers drafted a handout for billionaires built on the backs of hardworking people — with devastating consequences for the LGBTQ+ community.
“Proposed cuts to programs like Medicaid and SNAP or resources like Planned Parenthood clinics, all of which disproportionately support LGBTQ+ Americans, are not just numbers on a page. They would mean families forced to choose between seeing a doctor and paying the rent. They would mean people forced to skip check ups and testing. They would mean kids missing meals.
“And attempts to load up the bill with attacks on access to health care for transgender youth drive home the point that this bill is not about the American people, but inflicting harm for political gain. This country deserves better, and we’re going to fight for it.”
Per HRC’s press release, the Congressional Budget Office estimates the Republican led proposal “could kick 13.7 million people off of Medicaid,” a program that covers “a disproportionate share of low-income LGBTQ+ people, including 21 percent of transgender individuals and 40 percent of people living with HIV.”
Along with the threat of withholding access to medicines for individual patients living with HIV, the proposed cuts could also undermine public health goals with respect to America’s decades-long effort to combat the epidemic, along with the work of community health centers that provide “services like mental health support, gender-affirming care, and STI testing.”
The group notes that LGBTQ populations — especially women, younger individuals, and LGBTQ people of color — tend to experience higher rates of food insecurity, the group noted, which means they are likely to suffer greater harm from the “stricter eligibility requirements, work mandates, and benefit reductions” targeting the SNAP program.
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