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Carney: ENDA would make executive order ‘redundant’

LGBT advocates pounce on notion that directive unnecessary if law enacted

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White House Press Secretary, Jay Carney, Gay News, Washington Blade
Jay Carney, White House, gay news, Washington Blade

White House Press Secretary Jay Carney said he believes an executive order would be redundant with ENDA in place. (Washington Blade file photo by Damien Salas)

White House Press Secretary Jay Carney said Thursday he believes passage of the Employment Non-Discrimination Act would make “redundant” an executive order barring LGBT discrimination among federal contractors — an assertion that advocates say is untrue as they continue to press for both legislation and the directive.

Carney made the remarks in response to a question from the Washington Blade on whether passage of ENDA — which has already passed the Senate, but remains pending in the House — would change the thinking of President Obama on the executive order, which he continues to withhold despite continued pressure from LGBT rights supporters.

“I think if the law passed — and I’m not a lawyer — and I haven’t read every sentence of the law, but I think if a law passed that broadly banned this kind of employment discrimination, it would make redundant an executive order,” Carney said.

Carney articulated his belief that an executive order would be “redundant” in the event ENDA became law after emphasizing the broad-based protections under the bill, which applies not just to federal contractors, but to many public and private employers.

“I think the employment non-discrimination legislation, the Employment Non-Discrimination Act, would broadly apply, and that’s one of the reasons why we support it,” Carney said. “Because it’s a broad solution to the problem, and it ought to be passed by Congress.”

When the Blade pointed out there are possible instances of LGBT discrimination that ENDA wouldn’t cover, but may be covered under the executive order, Carney called such potential acts of anti-LGBT job bias “hypothetical.”

“Well, that could be, hypothetically, but I think we’d like to see the legislation passed,” Carney said. “That would be a good thing.”

LGBT advocates disputed the notion that an executive order barring LGBT discrimination would be redundant if ENDA were law, saying both are necessary to enable greater legal protections for LGBT workers.

Fred Sainz, vice president of communications for the Human Rights Campaign, said his organization is directly at odds with Carney’s assertion and blasted the White House spokesperson for being “completely out of step.”

“We couldn’t disagree more,” Sainz said. “Even if ENDA passed tomorrow, we’d still want the EO. His assertion is completely out of step with over 60 years of social change strategy related to enduring legal protections for race and gender and more recently for hate crimes and non-discrimination protections on the basis of sexual orientation and gender identity. What he’s asserting is the equivalent of saying that if ENDA passed tomorrow, we wouldn’t need non-discrimination laws in the majority of states that still don’t have them. That’s absolutely not the case.”

Other categories for individuals — race, color, religion, sex or national origin — are protected under current law by Title VII of Civil Rights Act of 1964, which is enforced by the U.S. Equal Employment Opportunity Commission, and by Executive Order 11246, which is enforced by the Labor Department’s Office of Federal Contract Compliance. Both were put in place under former President Lyndon Johnson.

Ian Thompson, legislative representative of the American Civil Liberties Union, said both ENDA and an executive order are needed to provide “parallel protections” for LGBT people enjoyed by other categories of workers.

“Race discrimination, for example, is prohibited under both Title VII of the 1964 Civil Rights Act and Executive Order 11246,” Thompson said. “It’s certainly our opinion and our view that the same should apply to LGBT workplace discrimination as well. Even if ENDA were to be passed and signed into law tomorrow, we would still advocate for and want the executive order, and absolutely, definitely do not see it as redundant.”

Rea Carey, executive director of the National Gay & Lesbian Task Force, also insisted that legislation and an executive order are necessary to provide full protections to LGBT workers.

“We need both,” Carey said. “We urge the president to use his power and act immediately with an executive order that protects millions of LGBT employees who work for federal contractors and we urge Congress to follow the lead of the Senate and pass ENDA. Rights delayed are rights denied.”

One difference between the executive order and ENDA would be the enforcement mechanism. If ENDA were law, anti-LGBT discrimination would be still be allowed by small businesses, or companies with fewer than 15 employees, as well as by religious organizations in a broader way than other groups because of ENDA’s religious exemption. But if an executive order were in place — and modeled after the existing executive order barring discrimination among other groups — companies exempt under ENDA could face penalties as long as they do $10,000 a year in business with the U.S. government.

According to Freedom to Work, under ENDA, a victim must first file a complaint with the EEOC before an investigation into anti-LGBT workplace discrimination can take place. But under the executive order, the Labor Department could proactively investigate a company for such discrimination — even if no complaint were filed. In fact, the Labor Department regularly conducts audits of federal contractors to determine if they’ve engaged in discrimination under the current directive.

Tico Almeida, president of Freedom to Work, took Carney to task, saying he’s incorrect and apparently unfamiliar with the Obama administration’s work against employment discrimination.

“When he calls the executive order ‘redundant,’ Mr. Carney is wrong on the law, and surprisingly, he’s even wrong on the facts about the Obama administration’s own successful record enforcing the existing executive order banning racial and sex discrimination at federal contractors,” Almeida said. “In order to have full equality under the law, LGBT Americans need both the statute and the executive order because they have distinct enforcement procedures, and more discrimination can be prevented when both policies work in tandem.”

Almeida added that Carney should consult with “dedicated public servants” at the Labor Department, which, among other victories, under Executive Order 11246 recently won a $2.2 million settlement with federal contractor Cargill in a set of hiring discrimination cases on behalf of nearly 3,000 African-American, Latino and female job applicants — even with a law barring this discrimination in place.

“LGBT Americans deserve these same workplace protections that the Obama Labor Department has been enforcing for other hardworking Americans,” Almeida said. “There’s no good reason to leave only the LGBT community out of the workplace protections that have been applied by the Labor Department to everyone else.”

Also during the briefing, Carney responded to an email from Democratic National Committee Treasurer Andrew Tobias in which he told LGBT donors on an off-the-record listserv the executive order should be signed and its absence is “frustrating and perplexing.”

“I think that there are lot of strongly held views on these matters,” Carney replied. “The president believes very strongly in employment non-discrimination. That’s why he has urged Congress to act on the ENDA legislation. We’ve seen some progress on that. It needs to be completed. Those who oppose it are standing in the way of history and they’ll look foolish in the future as future generations look back at that stance and recognize it for what it is. I just don’t have any updates for you on the EO that you mentioned.”

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Virginia

Ghazala Hashmi names Equality Virginia executive director to transition team

Narissa Rahaman will join Adam Ebbin, Mark Sickles on LG-elect’s committee.

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Virginia Lt. Gov.-elect Ghazala Hashmi (YouTube screenshot)

Virginia Lt. Gov.-elect Ghazala Hashmi has named Equality Virginia Executive Director Narissa Rahaman to her transition team.

State Sen. Adam Ebbin (D-Alexandria) and state Del. Mark Sickles (D-Fairfax County) are among those who Hashmi also named to her Transition Committee.

“I am honored to have this diverse group of leaders join our transition,” said Hashmi in a statement. “Their experience, perspective, and commitment to public service will help build an Office of the Lieutenant Governor that is responsive, innovative, and relentlessly focused on improving the lives of every Virginia resident.”

“Together, we will develop a thoughtful roadmap for the work ahead — one that ensures we are engaging communities, strengthening partnerships across the state, and preparing this office to serve with purpose and conviction from Day One,” she added. “I am grateful to each member for bringing time, expertise, and passion to this effort.”

Hashmi, a Democrat, defeated Republican John Reid, who is openly gay, on Nov. 4.

Hashmi will succeed outgoing Lt. Gov. Winsome Earle-Sears on Jan. 17.

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U.S. Military/Pentagon

Serving America, facing expulsion: Fight for trans inclusion continues on Veterans Day

Advocates sue to reverse Trump ban while service members cope with new struggles

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Second Lt. Nicolas (Nic) Talbott (Photo courtesy of Talbott)

President Trump signed EO 14183, titled “Prioritizing Military Excellence and Readiness,” on Jan. 27, directing the Department of Defense (DoD) to adopt policies that would prohibit transgender, nonbinary, and gender-nonconforming people from serving in the military.

The Trump-Vance administration’s policy shift redefines the qualifications for military service, asserting that transgender people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history or signs of gender dysphoria. According to the DoD, this creates “medical, surgical, and mental health constraints on [an] individual.” Regardless of their physical or intellectual capabilities, transgender applicants are now considered less qualified than their cisgender peers.

On Jan. 28, 2025, GLBTQ Legal Advocates and Defenders (GLAD) Law and the National Center for LGBTQ Rights (NCLR) filed Talbott v. Trump, a federal lawsuit in the U.S. District Court for the District of Columbia challenging the executive order. Originally filed on equal protection grounds on behalf of six active service members and two individuals seeking enlistment, the case has since grown to include 12 additional plaintiffs.

The Washington Blade spoke exclusively with Second Lt. Nicolas (Nic) Talbott, U.S. Army, a plaintiff in the case, and with Jennifer Levi, Senior Director of Transgender and Queer Rights at GLAD Law, who is leading the litigation.

For Talbott, serving in the military has been a lifelong aspiration, one he pursued despite the barriers posed by discriminatory policies.

“Being transgender posed quite the obstacle to me achieving that dream,” Talbott told the Blade. “Not because it [being trans] had any bearing on my ability to become a soldier and meet the requirements of a United States soldier, but simply because of the policy changes that we’ve been facing as transgender service members throughout the course of the past decade… My being transgender had nothing to do with anything that I was doing as a soldier.”

This drive was fueled by early life experiences, including the impact of the Sept. 11 terrorist attacks, which shaped his desire to protect his country.

“Even for an eight-year-old kid, [9/11] has a tremendous amount of impact… I remember thinking, you know, this is a terrible thing. Me, and when I grow up, I want to make sure nothing like this ever happens again,” he said. “I’ve still tried to gear my life in a way that I can be preparing myself to eventually help accomplish that mission of keeping America safe from anything like that ever happening again.”

The attacks inspired countless Americans to enlist; according to the New York City government, 181,510 joined active duty and 72,908 enlisted in the reserves in the year following 9/11. Although Talbott was too young to serve at the time, the events deeply influenced his educational and career path.

“For me, [9/11] just kind of helped shape my future and set me on the path that I’m currently on today,” he added. “It ignited my passion for the field, and it’s something that you know, I’ve carried with me into my adult life, into my professional life, and that I hope to have a career in the future.”

Talbott holds a master’s degree in criminology with a focus on counterterrorism and global security, and while completing his degree, he gained practical experience working with the Transportation Security Administration.

Despite the public scrutiny surrounding the lawsuit and the ongoing uncertainty of his military future, Talbott remains grounded in the values that define military service.

“Being so public about my involvement with this lawsuit grants me the very unique opportunity to continue to exemplify those values,” Talbott said. “I’m in a very privileged spot where I can speak relatively openly about this experience and what I’m doing. It’s very empowering to be able to stand up, not only for myself, but for the other transgender service members out there who have done nothing but serve with honor and dignity and bravery.”

The ban has created significant uncertainty for transgender service members, who now face the possibility of separation solely because of their gender identity.

“With this ban… we are all [trans military members] on track to be separated from the military. So it’s such a great deal of uncertainty… I’m stuck waiting, not knowing what tomorrow might bring. I could receive a phone call any day stating that the separation process has been initiated.”

While the Department of Defense specifies that most service members will receive an honorable discharge, the policy allows for a lower characterization if a review deems it warranted. Compensation and benefits differ depending on whether service members opt for voluntary or involuntary separation. Voluntary separation comes with full separation pay and no obligation to repay bonuses, while involuntary separation carries lower pay, potential repayment of bonuses, and uncertain success in discharge review processes.

Healthcare coverage through TRICARE continues for 180 days post-discharge, but reduced benefits, including VA eligibility, remain a concern. Those with 18–20 years of service may qualify for early retirement, though even this is not guaranteed under the policy.

Talbott emphasized the personal and professional toll of the ban, reflecting on the fairness and capability of transgender service members.

“Quite frankly, the evidence that we have at hand points in the complete opposite direction… there are no documented cases that I’m aware of of a transgender person having a negative impact on unit cohesion simply by being transgender… Being transgender is just another one of those walks of life.”

“When we’re losing thousands of those qualified, experienced individuals… those are seats that are not just going to be able to be filled by anybody … military training that’s not going to be able to be replaced for years and years to come.”

Talbott also highlighted the unique discipline, dedication, and value of diversity that transgender service members bring—especially in identifying problems and finding solutions, regardless of what others think or say. That, he explained, was part of his journey of self-discovery and a key reason he wants to continue serving despite harsh words of disapproval from the men leading the executive branch.

“Being transgender is not some sad thing that people go through… This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today… my ability to transition was essential to getting me to that point where I am today.”

He sees that as an asset rather than a liability. By having a more diverse, well-rounded group of people, the military can view challenges from perspectives that would otherwise be overlooked. That ability to look at things in a fresh way, he explained, can transform a good service member into a great one.

“I think the more diverse our military is, the stronger our military is… We need people from all different experiences and all different perspectives, because somebody is going to see that challenge or that problem in a way that I would never even think of… and that is what we need more of in the U.S. military.”

Beyond operational effectiveness, Talbott emphasized the social impact of visibility and leadership within the ranks. Fellow soldiers often approached him for guidance, seeing him as a trusted resource because of his transgender status.

“I can think of several instances in which I have been approached by fellow soldiers… I feel like you are a person I can come to if I have a problem with X, Y or Z… some people take my transgender status and designate me as a safe person, so to speak.”

With the arrival of Veterans Day, the Blade asked what he wishes the public knew about the sacrifices of transgender service members. His answer was modest.

“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that… We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”

Jennifer Levi, GLAD Law’s Senior Director of Transgender and Queer Rights, also spoke with the Blade and outlined the legal and human consequences of the ban. This is not Levi’s first time challenging the executive branch on transgender rights; she led the legal fight against the first Trump administration’s military ban in both Doe v. Trump and Stockman v. Trump.

Levi characterized the policy as overtly cruel and legally indefensible.

“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”

She highlighted procedural abuses and punitive measures embedded in the policy compared to the 2017 ban.

“In the first round the military allowed transgender people to continue to serve… In this round the military policy purge seeks to purge every transgender person from military service, and it also proposes to do it in a very cruel and brutal way, which is to put people through a process… traditionally reserved for kicking people out of the military who engaged in misconduct.”

Levi cited multiple examples of discrimination, including the revocation of authorized retirements and administrative barriers to hearings.

She also explained that the administration’s cost argument is flawed, as removing and replacing transgender service members is more expensive than retaining them.

“There’s no legitimate justification relating to cost… it is far more expensive to both purge the military of people who are serving and also to replace people… than to provide the minuscule amount of costs for medications other service members routinely get.”

On legal grounds, Levi noted the ban violates the Equal Protection Clause.

“The Equal Protection Clause prevents laws that are intended to harm a group of people… The doctrine is rooted in animus, which means a bare desire to harm a group is not even a legitimate governmental justification.”

When asked what she wishes people knew about Talbott and other targeted transgender military members, Levi emphasized their extraordinary service.

“The plaintiffs that I represent are extraordinary… They have 260 years of committed service to this country… I have confidence that ultimately, this baseless ban should not be able to legally survive.”

Other organizations have weighed in on Talbott v. Trump and similar lawsuits targeting transgender service members.

Human Rights Campaign Foundation President Kelley Robinson criticized the ban’s impact on military readiness and highlighted the counterintuitive nature of removing some of the country’s most qualified service members.

“Transgender servicemembers serve their country valiantly, with the same commitment, the same adherence to military standards and the same love of country as any of their counterparts,” Robinson said. “This ban by the Trump administration, which has already stripped transgender servicemembers of their jobs, is cruel, unpatriotic, and compromises the unity and quality of our armed forces.”

Lambda Legal Senior Counsel Sasha Buchert echoed the legal and moral imperative to reverse the policy.

“Every day this discriminatory ban remains in effect, qualified patriots face the threat of being kicked out of the military,” she said. “The evidence is overwhelming that this policy is driven by animus rather than military necessity… We are confident the court will see through this discriminatory ban and restore the injunction that should never have been lifted.”

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The White House

Trump targets LGBTQ workers in new loan forgiveness restrictions

A new Trump policy attempts to limit loan forgiveness for federal workers working with LGBTQ issues.

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The U.S. Department of Education building in D.C. (Public domain photo)

The Trump-Vance administration is moving forward with plans to restrict federal workers from using the Public Service Loan Forgiveness (PSLF) program if their work involves issues related to LGBTQ individuals, immigrants, or transgender children.

Lawsuits were filed last week in more than 20 cities — including Albuquerque, N.M., Boston, Chicago, and San Francisco — challenging the administration’s efforts to withhold loan forgiveness from organizations that oppose the president and his party’s political agenda.

Created by Congress in 2007 and signed into law by then-President George W. Bush, PSLF cancels the federal student loan debts of borrowers who spend a decade or more working in public service. The program covers teachers, nurses, law enforcement officers (including members of the military), and employees of tax-exempt organizations under Section 501(c)(3). Many of those who work to support LGBTQ rights are employed by such organizations — meaning they stand to lose eligibility under the new policy.

As of 2024, more than 1 million Americans have benefited from PSLF, helping erase an estimated $74 billion in student loan debt, according to a Biden-era estimate.

Under the new rule, which takes effect July 1, 2026, the Department of Education will be able to deny loan forgiveness to workers whose government or nonprofit employers engage in activities deemed to have a “substantial illegal purpose.” The power to define that term will rest not with the courts, but with the education secretary.

The rule grants the secretary authority to exclude groups from the program if they participate in activities such as trafficking, illegal immigration, or what it calls the “chemical castration” of children — defined as the use of hormone therapy or puberty-blocking drugs, a form of gender-affirming care sometimes provided to transgender children and teens.

Under Secretary of Education Nicholas Kent defended the change, arguing that the new rule would better serve the American people, despite every major American physician organization research showing gender-affirming care helps more than it harms.

“It is unconscionable that the plaintiffs are standing up for criminal activity,” Kent said in a statement to NPR. “This is a commonsense reform that will stop taxpayer dollars from subsidizing organizations involved in terrorism, child trafficking, and transgender procedures that are doing irreversible harm to children.”

The Williams Institute, a leading research center on sexual orientation and gender identity law and public policy, warned that this — along with other restrictions on federal loan forgiveness — would disproportionately harm LGBTQ Americans. The institute found that more than one-third (35%) of LGBTQ adults aged 18 to 40 — an estimated 2.9 million people — hold over $93.2 billion in federal student loans. About half (51%) of transgender adults, 36% of cisgender LBQ women, and 28% of cisgender GBQ men have federal student loans.

“The proposed restrictions on student loans will particularly affect the nearly one-quarter of LGBTQ adults employed in the public or nonprofit sectors, which qualify for the Public Student Loan Forgiveness program,” said Brad Sears, Distinguished Senior Scholar of Law and Policy at the Williams Institute, who authored a brief on how the proposed changes could impact LGBTQ borrowers. “A recent executive order could potentially disqualify anyone working for an organization involved in gender-affirming care, or possibly those serving transgender individuals more broadly, from the PSLF program.”

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