News
Will new voices call on Obama to sign ENDA exec order?
New letter gives Dem leaders, Republicans chance to seek action

DNC Chair Debbie Wasserman Schultz is among those who haven’t articulated support for an ENDA executive order. (Washington Blade file photo by Michael Key)
A new letter is being circulated among members of Congress urging President Obama to sign an executive order barring discrimination against LGBT workers, raising questions about whether pro-gay lawmakers who have previously made no explicit calls for the directive will take the opportunity to do so.
Key members of the Democratic leadership have yet to call for the executive order as have Republicans who’ve already articulated support for the Employment Non-Discrimination Act, legislation that would bar workplace discrimination against LGBT people.
The letter that’s being circulated among lawmakers calls on Obama to sign the order in the wake of his declaration that 2014 will be a “Year of Action” through administrative means if Congress doesn’t act on his legislative agenda.
“As we continue to work towards final passage of the Employment Non-Discrimination Act (ENDA) with strong bipartisan support, we urge you to take action now to protect millions of workers across the country from the threat of discrimination simply because of who they are or who they love,” the letter states.
A source familiar with the letter said the opportunity to sign it would close at the end of Monday.
Although this is the first letter intended to include signatures from members of both the House and Senate, it’s not the first time lawmakers signed letters calling for the executive order. Last year, 110 House Democrats signed a letter seeking the directive and 37 senators signed a letter to that effect.
But neither of those letters included names of lawmakers in Democratic leadership or Republicans — even though many had previously articulated support for the executive order or ENDA in some capacity. The newly circulated letter presents an opportunity for those lawmakers to augment the call with powerful voices and create a bipartisan effort to push Obama to take administrative action to protect LGBT workers from discrimination.
The top members of the House Democratic Caucus — House Minority Leader Nancy Pelosi (D-Calif.), House Minority Whip Steny Hoyer (D-Md.) and Assistant House Minority Leader Jim Clyburn (D-Calif.) — each refrained from signing the House version of the letter in 2013. None of the offices for those lawmakers responded to the Washington Blade’s request to comment on whether they’d sign the letter this time around.
[UPDATE: Mariel Saez, a Hoyer spokesperson, told the Washington Blade on Monday following the initial publication of this article that the Democratic Whip “is signing onto the letter.”]
Even though she didn’t sign the letter, Pelosi has been on the record in support of the executive order since 2011, when the Blade asked her during her weekly news conference if she’d support that action. She also said Obama “of course” should sign the directive in January when speaking with The Huffington Post.
Clyburn was quoted as saying by The Huffington Post he feels “very strongly” that Obama should sign the executive order just months ago, reportedly adding “I don’t know where I would be today if the executive order had not been used to get rid of slavery.” The Blade is unaware of any public comments from Hoyer on the LGBT executive order.
At the time the 2013 letter was made public, Pelosi’s office cited a policy that she refrains from signing group letters because of her position in Democratic leadership. However, she had earlier signed her name to letters seeking action from the administration to help bi-national same-sex couples in addition to signing amicus briefs calling on federal courts to strike down the Defense of Marriage Act.
[UPDATE #2: Following publication of this article, Drew Hammill, a Pelosi spokesperson, said his boss won’t sign the letter currently being circulated, noting she rarely signs group letters, and said she’ll instead take her own course of action.
“Leader Pelosi has publicly expressed support for this executive order and will be sending her own private letter to the President on this matter,” Hammill said.]
Also conspicuously absent from the 2013 letter is Rep. Debbie Wasserman Schultz, who also serves as chair of the Democratic National Committee and is known for her support of LGBT rights. In the past week, she’s announced the DNC would form a lesbian leadership council and hired a gay operative as the DNC’s national political director.
Neither Wasserman Schultz’s congressional office in D.C. nor the DNC responded to the Blade’s request for comment on whether she’d sign the letter this time around.
In January, Wasserman Schultz told The Huffington Post she broadly supports the idea of Obama using his executive authority, but refused to say whether that principle applies to an executive order for LGBT workers.
Wasserman Schultz’s name was also absent from letters seeking support of bi-national same-sex couples. At the time one letter was signed in 2011, Wasserman Schultz told reporters during an Immigration Equality fundraiser she supported the action, but didn’t feel comfortable making demands on the administration because of her position in the DNC.
“Given that I’m the chair of the DNC, it’s a little odd for me to be asking the administration to do specific things,” Wasserman Schultz said at the time. “So I personally support it, but because I’m also the political voice of the president, asking the president to do things publicly can get a little awkward.”
On the Senate side, Senate Majority Leader Harry Reid (D-Nev.) also didn’t sign his chamber’s version of the letter in 2013. His office didn’t respond to a request for comment on whether he’ll add his name this time around.
Reid has offered a nuanced position on the executive order. In February, he told The Huffington Post, “If the president decides to do it, I’d be in favor of it.”
But on either the letter signed by the House or the Senate in 2013, not a single Republican signed their name. If a single one did so this time around, it would represent the first time that a Republican lawmaker had called on Obama to sign an executive order.
None of the offices of 10 Republican senators who voted for ENDA on the Senate floor responded to a request for comment on the letter. Those are Sens. Kelly Ayotte (R-N.H.), Susan Collins (R-Maine), Jeff Flake (R-Ariz.), Orrin Hatch (R-Utah), Dean Heller (R-Nev.), Mark Kirk (R-Ill.), John McCain (R-Ariz.), Lisa Murkowski (R-Alaska), Rob Portman (R-Ohio) and Pat Toomey (R-Pa.).
Despite being an original co-sponsor of ENDA, Kirk has previously spoken against an executive order prohibiting federal contractors from discriminating against LGBT workers.
“If we load executive order upon executive order, all of which would be wiped out the day after the president of the other party takes power, you really haven’t advanced the ball much,” Kirk said in 2011. “That’s why the legislation is absolutely necessary.”
In the House, six Republicans co-sponsor ENDA: Reps. Ileana Ros-Lehtinen (R-Fla.), Richard Hanna (R-N.Y.), Charlie Dent (R-Pa.), Michael Grimm (R-N.Y.), Chris Gibson (R-N.Y.) and Jon Runyan (R-N.J.).
According to the Huffington Post, Ros-Lehtinen has said she doesn’t support the executive order. Of those six Republicans, only Dent’s office responded to the Blade’s request to comment on the letter, and the response was negative.
“Congressman Dent believes that the regular legislative process is the best way to proceed in making this critical legislation outlawing workplace discrimination the law of the land,” said Dent spokesperson Shawn Millan.
Gregory Angelo, executive director of the Log Cabin Republicans, said he doesn’t know whether Republicans will sign the letter, but hopes to see some GOP names calling for the executive order.
“I’m not going to engage in speculation, but with declared GOP support for ENDA among House members of both the House and Senate, I would hope to see some Republican representation on any letter holding the president accountable to a promise he made to Americans six years ago,” Angelo said.
Neither the LGBT Equality Caucus, which is handling circulation of the letter in the House, nor the office of ENDA’s chief sponsor in the Senate Jeff Merkley (D-Ore.), which is handling it in the Senate, responded to the Blade’s request for comment over the weekend about expected signers of the letter.
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].
Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”
Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.
Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.
Kansas
ACLU sues Kansas over law invalidating trans residents’ IDs
A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”
“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”
National
After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast
Top editorial staff let go last week
Former staff members at the Advocate and Out magazines revealed that parent company Equalpride laid off a number of employees late last week.
Those let go included Advocate editor-in-chief Alex Cooper, Pride.com editor-in-chief Rachel Shatto, brand partnerships manager Erin Manley, community editor Marie-Adélina de la Ferriére, and Out magazine staff writers Moises Mendez and Bernardo Sim, according to a report in Hollywood Reporter.
Cooper, who joined the company in 2021, posted to social media that, “Few people have had the privilege of leading this legendary LGBTQ+ news outlet, and I’m deeply honored to have been one of them. To my team: thank you for the last four years. You’ve been the best. For those also affected today, please let me know how I can support you.”
The Advocate’s PR firm when reached by the Blade said it no longer represents the company. Emails to the Advocate went unanswered.
Equalpride on Friday announced it acquired “Them,” a digital LGBTQ outlet founded in 2017 by Conde Nast.
“Equalpride exists to elevate, celebrate and protect LGBTQ+ storytelling at scale,” Equalpride CEO Mark Berryhill said according to Hollywood Reporter. “By combining the strengths of our brands with this respected digital platform, we’re creating a unified ecosystem that delivers even more impact for our audiences, advertisers, and community partners.”
It’s not clear if “Them” staff would take over editorial responsibilities for the Advocate and Out.
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