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Carney unsure if Obama will lobby Congress on ENDA

No updates on anti-LGBT discrimination executive order

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White House Press Secretary Jay Carney was uncertain whether President Obama will lobby Congress on ENDA (Blade file photo by Michael Key)

White House Press Secretary Jay Carney was uncertain whether President Obama will lobby Congress on ENDA. (Blade file photo by Michael Key)

White House Press Secretary Jay Carney expressed uncertainty on Monday over whether President Obama will lobby members of Congress to pass the Employment Non-Discrimination Act during his visit this week to Capitol Hill.

Under questioning from the Washington Blade on ENDA, Carney declined to identify the bill as one of the pieces of legislation that Obama would ask Congress to pass ā€” even though he enumerated other measures the president is seeking earlier in the briefing.

“I think he’ll talk about some of the issues that I laid out, maybe not all of them, and I’m sure there’ll be other topics that he’ll raise,” Carney said. “But I don’t have a specific agenda for him.”

Other legislative items Carney enumerated during the briefing were a balanced deficit reduction measure, comprehensive immigration reform, legislation to reduce gun violence, legislation to enhance the country’s energy independence, a bill to enhance cybersecurity and addressing the issue of Republicans blocking his judicial nominees in the Senate.

Obama is scheduled to visit members of Congress during three separate caucus meetings throughout the week. Carney said Obama will meet with Senate Democrats on Tuesday, House Republicans on Wednesday, Senate Republicans on Thursday and House Republicans also on Thursday. Obama’s meeting with the senators is particularly noteworthy because LGBT groups, such as Freedom to Work, have been pushing for a Senate vote on ENDA.

Sen. Tom Harkin (D-Iowa) already committed during a Center for American Progress event to hold a committee a vote Ā on ENDA this year. Following the news, the office of Sen. Harry Reid (D-Nev.) told the Washington Blade the majority leader looks forward to scheduling a vote on the legislation.

Tico Almeida, president of Freedom to Work, said the White House can bolster those efforts by calling for not only a committee vote on ENDA, but a vote in the Senate.

“Itā€™s long past time to put all 100 Senators on the record on ENDA,” Almeida said. “Now that Sen. Reidā€™s office has told the Washington Blade that they look forward toĀ working with Senator Harkin and others to schedule a vote on the Senate floor after the bill is reported by the committee, it would be an important time for President Obama to publicly challenge both chambers of Congress to vote on ENDA this year.ā€

Carney expressed uncertainty over a plan for ENDA immediately after his response to a previous Blade question in which he reiterated that the administration prefers a legislative approach to tackle anti-LGBT workplace discrimination as opposed to administrative action.

Advocates have been calling on Obama to issue an executive order prohibiting federal contractors from engaging in anti-LGBT workplace discrimination. The White House has yet to take action on this directive ā€” even though the administration has taken other executive action on behalf of the LGBT community in recent weeks by starting the process to offer limited partner benefits for gay service members and filing a legal brief in the lawsuit against California’s Proposition 8.

Asked why the administration would undertake these other two actions, but not issue the executive order, Carney drew a distinction.

“I think filing a brief is an entirely different piece of business,” Carney said. “But, as you know, the president has long supported an inclusive Employment Non-Discrimination Act and his administration will continue to work to build support for it. We welcome Chairman Harkin’s announcement that he will hold a vote on ENDA this year. I have no updates for you on an executive order.”

Almeida said “it’s odd” that the White House “continually downplays” the administration’s record of strong executive actions on behalf of LGBT peopleĀ when Congress doesn’t act.

“For example, the Department of Housing and Urban Development did not wait for Congress to pass an LGBT housing bill, and instead took executive action to create strong LGBT protections to ban discrimination in mortgage lending,” Almeida added. “Signing the LGBT workplace executive order is the next logical step, and based on the presidentā€™s impressive record, Freedom to Work remains optimistic that he will fulfill this campaign promise soon.ā€

Also on Monday, the Human Rights Campaign issued an action alert to its members calling on Obama to “spread workplace equality to millions” by issuing the executive order. The alert is written by Sen. Jeff Merkley (D-Ore.).

“Putting an end to any discrimination among federal contractors based on sexual orientation or gender identity is the next, natural step for the most pro-equality president in history,” Merkley writes.

Merkley has sponsored ENDA in the Senate and gay Rep. Jared Polis (D-Colo.) has said he’d take the lead on the legislation in the House now that gay former Rep. Barney Frank has retired. However, neither lawmaker has yet introduced legislation.

A transcript of the exchange between Carney and the Washington Blade follows:

Washington Blade: Jay, in recent weeks, the administration has taken a lot of executive action on behalf of the LGBT community. Last month, the Pentagon started the process for implementing certain partner benefits for gay troops. And a couple weeks ago, the Justice Department filed a brief in the Prop 8 case. One action that remains outstanding is that executive order for federal contractors prohibiting anti-LGBT workplace discrimination. If you’re going to do those other two executive actions, why not do the executive order as well?

Jay Carney: Well, I mean, I think filing a brief is an entirely different piece of business, Chris. But, as you know, the President has long supported an inclusive Employment Non-Discrimination Act and his administration will continue to work to build support for it. We welcome Chairman Harkin’s announcement that he will hold a vote on ENDA this year. I have no updates for you on an executive order.

Washington Blade: Speaking about the Employment Non-Discrimination Act, when the President goes to Capitol Hill this week to talk to lawmakers this week about his priorities, will he mention the Employment Non-Discrimination Act as one of the things he wants passed?

Carney: I think he’ll talk about some of the issues that I laid out, maybe not all of them, and I’m sure there’ll be other topics that he’ll raise. But I don’t have a specific agenda for him.

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Congress

Goodlander endorses Pappas’s Senate bid

Announcement puts gay congressman on the path to securing his party’s nomination

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U.S. Rep. Chris Pappas (D-N.H.) (Washington Blade photo by Michael Key)

U.S. Rep. Maggie Goodlander (D-N.H.) on Thursday announced she will not run to represent her state in the U.S. Senate, endorsing gay U.S. Rep. Chris Pappas’s (D-N.H.) bid for the seat of retiring U.S. Sen. Jeanne Shaheen, putting him on the path to secure the Democratic nomination.

“We are in the fight of our lifetimes right now, of a moment of real crisis and challenge,” she said. “I feel humbled and grateful to so many people across our state who have encouraged me to take a look at the U.S. Senate, and after a lot of thought and conversations with people I love and people I respect and people who I had never met before, who I work for in this role right now, I’ve decided that I’m running for re election in the House of Representatives.”

When asked by a reporter from the ABC affiliate station in New Hampshire whether she would endorse Pappas, Goodlander said, “Yes. Chris Pappas has been amazing partner to me in this work and for many years. And I really admire him. I have a lot of confidence in him.”

She continued, “He and I come to this work, I think with a similar set of values, we also have really similar family stories. Our families both came to New Hampshire over 100 years ago from the very same part of northern Greece. And the values that he brings to this work are ones that that I really, really admire. So I’m proud to support him, and I’m really excited to be working with him right now because we’ve got a lot of work to do.”

“Maggie Goodlander has dedicated her career to service, and we can always count on her to stand up to powerful interests and put people first,” Pappas said in a post on X. “I’m so grateful to call her my friend and teammate, and Iā€™m proud to support her re-election and stand with her in the fights ahead.”

Earlier this month, former New Hampshire Gov. Chris Sununu, a Republican, announced he would not enter the Senate race, strengthening the odds that Democrats will retain control of Shaheen’s seat.

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Congress

EXCLUSIVE: Garcia demands answers on deportation of gay Venezuelan asylum seeker

Congressman’s correspondence was shared exclusively with the Blade

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Andry HernƔndez Romero (photo credit: Immigrant Defenders Law Center)

U.S. Rep. Robert Garcia (D-Calif.) is demanding answers from the Trump-Vance administration on its deportation of Andry HernĆ”ndez Romero, a gay Venezuelan makeup artist who was sent to a prison in El Salvador in violation of a federal court order and in the absence of credible evidence supporting the government’s claims about his affiliation with a criminal gang.

Copies of letters the congressman issued on Thursday to Immigration and Customs Enforcement and CoreCivic, a private prison contractor, were shared exclusively with the Washington Blade.

Garcia noted that HernƔndez, who sought asylum from persecution in Venezuela over his sexual orientation and political beliefs, had entered the U.S. legally, passed a preliminary screening, and had no criminal record.

Pro-bono lawyers representing HernƔndez during his detention in the U.S. pending an outcome in his asylum case were informed that their client had been removed to El Salvador a week after he failed to show for a hearing on March 13.

HernĆ”ndez’s family now fears for his safety while he remains in El Salvador’s Terrorism Confinement Center (CECOT), which has a well documented record of human rights abuses, Garcia said.

Additionally, the congressman wrote, while experts say Tren de Aragua does not use tattoos as identifiers, the “primary evidence” supporting HernĆ”ndez’s deportation based on his supposed links to the transnational Venezuelan gang “appears to have been two crown tattoos labeled ‘Mom’ and ‘Dad,’ which are common cultural symbols in his hometown.”

The determination about his links to or membership in the organization was made by a CoreCivic employee whose criminal record and misconduct as a law enforcement officer led to his termination from the Milwaukee Police Department, Garcia wrote in his letter to the company.

Requesting a response by May 1, the congressman asked CoreCivic President Damon T. Hininger to address the following questions:

  • What qualifications and training does CoreCivic require for employees tasked with making determinations about detainees’ affiliations?
  • What protocols are in place to ensure that determinations of gang affiliation are based on credible and corroborated evidence?
  • How does CoreCivic oversee and review the decisions made by its employees in such critical matters?
  • What mechanisms exist to prevent and address potential misconduct?
  • What is the nature of CoreCivic’s collaboration with ICE in making determinations that affect deportation decisions? Are there joint review processes?
  • What background checks and ongoing assessments are conducted for employees involved in detainee evaluations, particularly those with prior law enforcement experience?
  • What guidelines does CoreCivic follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?

In his letter to Tae D. Johnson, acting director of ICE, Garcia requested answers to the following questions by May 1:

  • Did ICE personnel independently review and approve the determination made by CoreCivic employee Charles Cross Jr. identifying Mr. HernĆ”ndez Romero as a member of the Tren de Aragua gang?
  • What evidence, beyond Mr. HernĆ”ndez Romero’s tattoos, was used to substantiate the claim of gang affiliation?
  • Under what legal authority are private contractors like CoreCivic permitted to make determinations that directly impact deportation decisions?
  • What vetting processes and background checks are in place for contractors involved in such determinations? Are there oversight mechanisms to ensure their credibility and adherence to due process?
  • What guidelines does ICE follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?

Together with U.S. Rep. Maxwell Frost (D-Fla.), Garcia wrote to U.S. Rep. James Comer (R-Ky.) on Tuesday requesting permission to bring a congressional delegation to CECOT for purposes of conducting a welfare check on detainees, expressing specific concern for HernĆ”ndez’s wellbeing. The congressmen said they would “gladly include any Republican Members of the committee who wish to participate.”Ā 

HernĆ”ndez’s case has drawn fierce criticism of the Trump-Vance administration along with calls for his return to the U.S.

Influential podcaster and Trump ally Joe Rogan spoke out in late March, calling the deportation “horrific” and “a horrible mistake.”

Last week, California Gov. Gavin Newsom (D) sent a letter to Kristi Noem, secretary of the U.S. Homeland Security, which manages ICE, demanding HernĆ”ndez’s immediate return and raising concerns with the right to due process amid the administration’s crackdown on illegal immigration.

HernĆ”ndez ā€œwas denied the opportunity to defend himself against unsubstantiated allegations of gang involvement or to present his asylum claim,ā€ the governor wrote. ā€œWe are not a nation that sends people to be tortured and victimized in a foreign prison for public relations victories.”

Immigrant Defenders Law Center President Lindsay Toczylowski, who is representing HernƔndez, has not been able to reach her client since his removal from the U.S., she told NBC News San Diego in a report published April 11.

ā€œUnder the Constitution, every single person has a right to due process, and that means they have a right to notification of any allegations the government is making against them and a right to go into court and prove that those allegations are wrong if thatā€™s the case,ā€ she said. ā€œIn Andryā€™s case, the government never gave us that opportunity. In fact, they didn’t even bring him to court, and they have forcefully sent him to El Salvador without ever giving us any notice or without telling us the way that we could appeal their decision.ā€

“CECOT, this prison where no one has ever left, where people are held incommunicado, is a very dangerous place for someone like Andry,ā€ Toczylowski said.

In March, a DHS spokesperson posted on X that HernĆ”ndez’s ā€œown social media indicates he is a member of Tren de Aragua,ā€ though they did not point to any specific posts and NBC reported that reviews of his known social media accounts turned up no evidence of gang activity. Ā 

During a visit to CECOT in March, Time Magazine photographer Philip Holsinger photographed Romero and reported that the detainee plead his innocence ā€” “I’m not a gang member. I’m gay. I’m a stylist.”Ā ā€” crying for his mother as he was slapped and his head was shaved.

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House Republicans advance two anti-trans education bills

Congresswoman Jahana Hayes, LGBTQ groups slammed the effort

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U.S. Rep. Tim Walberg (R-Mich.) chair of the House Education and Workforce Committee (Photo public domain)

Republicans members of the House Education and Workforce Committee advanced two anti-transgender bills on Wednesday, one that would forcibly out students in public elementary and middle schools to their parents and a second covering grades K-12 that critics have dubbed a “don’t say trans” bill.

More specifically, under the PROTECT Kids Act, changes to “a minorā€™s gender markers, pronouns, or preferred name on any school form or sex-based accommodations, including locker rooms or bathrooms” could not be made without parental consent, while the Say No to Indoctrination Act would prohibit schools from teaching or advancing “gender ideology” as defined by President Donald Trump’s anti-trans Jan. 20 executive order, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.

U.S. Rep. Jahana Hayes (D-Conn.), who was named national teacher of the year before her election to Congress, rose to speak out against the bills during the committee’s convening on Wednesday.

“Curriculum does not include teaching students to be something else. Curriculum does not include indoctrinating students to identify as gay or LGBTQ or other or anything. But federal law mandates that all students have civil rights protections,” she said.

The congresswoman continued, “I don’t really understand what the members of this committee think happens in schools, but my question is, what do we do with these children? The children who you are saying, on this committee, don’t exist, the children who are struggling with their identity and often times confide in their teachers and ask for support and help.”

“What we’re doing in this committee is focusing on a small population of students who are at a point in their life where they are struggling and school may, for many of them, feel like the only safe place or the only place where they can get support, or the only place where they can speak to a counselor,” Hayes said.

“And as a teacher, I don’t care if it was just one student that I had to reassure that they were important and they were valued and they belonged here,” she said. “I’m going to do it, and anyone who has dedicated their life to this profession will do the same. So the idea that you all feel okay with arbitrarily erasing, disappearing people, making them think that they they don’t exist, or they don’t have a place in schools, or the curriculum should not include them, or whatever they’re feeling should not be valued, considered, Incorporated, is just wrong.”

“So I will not be supporting this piece of legislation, as if that was not already evident, and I will be using all of my time, my agency, my energy, my advocacy, to ensure that every student,” Hayes said, “feels valued, respected, important and included in the work that I engage in on this committee.”

The congresswoman concluded, “when you are in a classroom and you are a teacher, and that door closes and a student falls in your arms and says to you, I am struggling, and I can’t go home with this information, and I need Help, you have a moral responsibility to help that child or you are in the wrong profession. I yield back.”

The Congressional Equality Caucus slammed the bills in an emailed statement from the chair, U.S. Rep. Mark Takano (D-Calif.), who noted that the legislation comes as “Donald Trump is illegally trying to dismantle the Department of Education and pass tax cuts for billionaires.”

“Extreme Republicans in Congress are trying to distract Americans by advancing cruel, anti-trans legislation,ā€ said the congressman, who is gay. ā€œSchool districts, teachers, and staff best understand how to draft age-appropriate, inclusive curriculums and craft policies that both respect the important role parents play in childrenā€™s education and the importance of studentsā€™ safety.”

“Yet, Republicansā€™ Donā€™t Say Trans Act would cut critical funding for schools if their teachers teach lessons or include materials that simply acknowledge the reality of trans peoplesā€™ existence,” Takano added. “Republicansā€™ forced outing bill would put kids in danger by requiring schools that want to take certain steps to affirm a transgender studentā€™s identity to forcibly out them to their parents ā€” even if the school knows this will put the studentā€™s safety at risk.”

The caucus also slammed the bills in a series of posts on X.

The Human Rights Campaign also issued a statement on Wednesday by the organization’s communications director, Laurel Powell:

ā€œInstead of putting our dangerous President in check and tackling the American economyā€™s free fall, House Republicans showed where their priorities lie ā€” giving airtime to junk science and trying to pass more anti-LGBTQ+ legislation.

“Forcing teachers to ā€˜outā€™ trans youth rather than supporting them in coming out to their families and demanding that schools ignore the trans students who sit in their classrooms is a craven attempt to distract people from economic disaster by vilifying children.

“Even as they fire people whose jobs were to make sure schools have the resources they need, the Trump administration and their allies in Congress continue to attack vulnerable young people to score points with the far right.ā€

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