News
Carney: ENDA would make executive order ‘redundant’
LGBT advocates pounce on notion that directive unnecessary if law enacted
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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Congratulations to Paul Marengo who has been appointed the new executive director of the Equality Chamber of Commerce.
The Equality Chamber of Commerce is dedicated to advancing economic opportunities, business growth, and advocacy for LGBTQ+ entrepreneurs, professionals, and allies. Through networking, education, and community engagement, the Chamber works to create a thriving and inclusive business environment for all.
On behalf of the Chamber, Edmund Morris said, “We are thrilled to welcome Paul Marengo as executive director. His passion, vision, and dedication to fostering inclusive business environments make him the ideal leader to guide the Chamber into its next phase of growth and success.”
Marengo has been a nonprofit fundraising executive for more than 30 years. He is the founder and CEO of Promethean Fundraising, a grassroots consulting firm that provides assistance, tools, and empowers emerging nonprofits to become competitive fundraisers. His clients have included The Chamber, Ragtag Film Society, and The Cherry Fund. He has served as a grant reviewer for the Maryland State Arts Commission, Virginia Commission for the Arts, DC Commission on the Arts and Humanities, and the National Endowment for the Arts.
Commentary
The boy they refused to forget
Jonathan David Muir Burgos released from Cuban prison after participating in protest
When the Washington Blade first reported the story of Jonathan David Muir Burgos, the news centered on a 16-year-old Cuban teenager who had been sent to prison after taking part in a public protest in Morón, Ciego de Ávila. At the time, the facts were straightforward. A minor had lost his freedom, and his case was beginning to attract attention beyond Cuba’s borders.
Today there is another fact that deserves to be recorded with the same rigor.
Jonathan is no longer in prison.
His release, confirmed by multiple news organizations, closes one chapter of a story that, for months, was followed by journalists, human rights organizations, religious communities, and countless individuals who refused to let his name disappear from public view. Each of them became part of a much larger effort to ensure that the imprisonment of a Cuban teenager would not fade into silence as the news cycle moved on.
That collective attention does not explain every decision that ultimately led to Jonathan’s release, and it would be irresponsible to suggest otherwise. Judicial processes are rarely shaped by a single factor. What can be said with certainty is that Jonathan’s story never disappeared. It continued to be documented, discussed and followed long after the initial headlines were published.
Behind every widely reported case there is a family living a reality that rarely appears in the news. In Jonathan’s case, there was a father who also serves as a Protestant pastor and who spent months speaking publicly about his son while asking others not to forget him. There was a mother enduring the uncertainty familiar to any parent separated from a child. There were classmates, friends, and neighbors waiting for the day when Jonathan would no longer be known as the teenager behind bars, but simply as the young man returning home.
The image of a prison gate opening often marks the end of a news story. In reality, it marks the beginning of something far more difficult. A teenager must resume an interrupted education, reconnect with friends, rebuild ordinary routines, and recover a sense of normalcy after months in confinement. Those experiences seldom become headlines, yet they are part of the true cost of imprisonment.
Jonathan’s release is therefore more than an update to a story previously reported. It is a reminder that public attention has value. Journalism matters because it documents. Human rights organizations matter because they investigate. Communities matter because they refuse indifference. Families matter because they continue to wait, even when the waiting becomes unbearable. None of these efforts should be viewed in isolation. Together they ensure that a person’s story does not disappear simply because time has passed.
Many people leave prison after being forgotten.
Jonathan David Muir Burgos walked out of prison knowing that, throughout those months, thousands of people had continued to speak his name, follow his case and hope for the day when this story could be told differently.
Today, that day has arrived.
District of Columbia
Nearly 6,000 turn out for Pride Night Out at the Nationals
Gay Men’s Chorus sings National Anthem
“Just shy of” 6,000 people purchased tickets for the Wednesday, June 24, 21st annual Pride Night Out at the Washington Nationals baseball stadium, which the Nationals said is the longest running LGBTQ Pride event in Major League Baseball, according to a Nationals spokesperson.
The event was organized with the Nationals by Team D.C., the local LGBTQ sports group that organizes similar Pride Nights for other professional D.C. area sports teams.
“It was a good time had by all as the Nationals celebrated the LGBTQ+ community during the Nationals 21st Pride Night Out, presented by Team D.C.” the Nationals said in a statement.
Nationals spokesperson Erica George said the overall game attendance was 27,200.
Similar to recent past years, the Gay Men’s Chorus of Washington sung the National Anthem at the start of the game, drawing loud cheers from people throughout the stadium.
The Nationals lost the game to the Philadelphia Phillies by a score of 5-4. Although most of the LGBTQ attendees of the event, held in the right-field mezzanine section of the stadium, were cheering for the Nationals, a sizeable number also cheered for the Phillies.
Miguel Ayala, one of Team D.C.’s lead organizers, said he noticed fans displaying Pride flags and recognized LGBTQ people in all parts of the stadium, indicating significantly more LGBTQ people and their supporters attended the game beyond the close to 6,000 or more who purchased the specific Pride Night Out tickets.
“It was a great excitement last night,” he told the Washington Blade on the day following the event. “I saw a lot of big crowds of our people, I saw everybody I can think of in the community. And it was really great to see the turnout.”
Also, like in previous years, Team D.C. along with the Nationals helped to organize a pre-game show on the large concourse platform area next to the stadium seating area involving a drag show led by local drag performer Shi-Queeta Lee.
“During pregame ceremonies, the Nationals Pride employee resource group was recognized on the field,” the statement released by the Nationals says. “Dr. Demetre Daskalakis, a physician and public health leader who has had a profound impact on the LGBTQ+ community and those living with or vulnerable to HIV, threw out the ceremonial first pitch as the guest of Team D.C.,” the statement says.
It adds that Team D.C.’s scholarship recipient Spencer Doll made the ceremonial call to “Play Ball.”
As if all that were not enough, a Nationals employee who entertains during the Nationals pre-game shows on the field dressed as a giant eagle named “Screech” wearing an eagle’s head mask appeared in the seating area where the Pride Night Out crowd was seated and mingled with the LGBTQ fans, many of whom posed for photos with Screech.
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