I guess it's "In for a penny, in for a pound." With the Republicans threatening to sue over presidential executive actions, a thought which did not receive airing until the president's odrder circumventing the House's non-action on ENDA, President Obama has decided to push forward.
President Obama announced yesterday during the White House's annual LGBT Pride Month reception that he would extend executive action protection to protect transgender federal employees from discrimination.
If Congress won’t act, I will. I have directed my staff to prepare an executive order for my signature that prohibits discrimination by federal contractors on the basis of sexual orientation and gender identity. And I’ve asked my staff to prepare a second executive order so that federal employees –- who are already protected on the basis of sexual orientation –- will now formally be protected from discrimination based on gender identity as well.
--Barack Obama
White House spokesmen had no further details about what would be contained in the orders.
It’s my understanding that there is an ongoing process as it relates to the drafting of an executive order that would take the kinds of steps the President has talked about quite a bit. But at this point, I don’t have any update for you in terms of the content or the timing of that executive order.
--Press Secretary Josh Earnest
Bill Clinton signed an executive order prohibiting discrimination against federal workers on the basis of sexual orientation in May of 1998. That order did not prohibit discrimination on the basis of gender identity or expression.
Today President Obama proved yet again why he will be remembered as the most pro-LGBT president in history. Each and every American worker should be judged based on the work they do, and never because of a fundamental aspect of who they are – like their gender identity. And the federal government, like employers across America, is best served by ensuring every qualified individual are able to serve without fear of discrimination.
--Human Rights Campaign President Chad Griffin
Though this administration has previously interpreted existing law to cover transgender federal employees, updating the language of this executive order makes it 100% clear that transgender federal employees must be treated equally at work. Significantly, this new order gives transgender advocates new tools to advocate for further protections in the face of a gridlocked U.S. House of Representatives that refuses to pass the Employment Non-Discrimination Act.
--Mara Keisling, National Center for Transgender Equality
Speaking about an executive action on immigration on Monday, Obama said the following:
I don’t prefer taking administrative action. I’d rather see permanent fixes to the issue we face. Certainly that’s true on immigration. There are a whole bunch of things where I would greatly prefer Congress actually do something. I take executive action only when we have a serious problem, a serious issue, and Congress chooses to do nothing. And in this situation, the failure of House Republicans to pass a darrn bill is bad for our security, it’s bad for our economy, and it’s bad for our future.
ENDA passed the Senate on a 64-32 vote last November, but House "Leadership" has thus far prevented a vote on the bill. Discrimination on the basis on sexual orientation is legal in 29 states and on the basis of gender identity by those and an additional three.
I’ve repeatedly called on Congress to pass the Employment Non-Discrimination Act. Right now, there are more states that let same-sex couples get married than there are states who prohibit discrimination against their LGBT workers. We have laws that say Americans can’t be fired on the basis of the color of their skin or their religion, or because they have a disability. But every day, millions of Americans go to work worried that they could lose their job -– not because of anything they’ve done.
I know, it’s terrible. It’s upsetting. It is wrong.
--President Obama, as a baby cried in the crowd
Dr. King said an ‘injustice anywhere is a threat to justice everywhere.’ And that means that we’ve got to be able to set up a community that extends beyond our own particular narrow interests; we’ve got to make sure that we’re reaching out to others who need our help as well. That’s how we continue our nation’s march towards justice and equality. That’s how we build a more perfect union –- a country where no matter what you look like, where you come from, what your last name is, who you love, you’ve got a chance to make it if you try. You guys have shown what can happen when people of goodwill organize and stand up for what’s right. And we’ve got to make sure that that’s not applied just one place, in one circumstance, in one time. That’s part of the journey that makes America the greatest country on Earth.
--President Obama
Full remarks are available here.