National
New push for 2012 Senate hearing on ENDA
Committee has votes to move pro-LGBT bill to floor


Republican ENDA co-sponsor, Sen. Mark Kirk is currently recovering from a stroke he suffered in January. (Washington Blade file photo by Michael Key)
LGBT rights supporters are calling for a Senate hearing and committee vote to draw attention to one of the longest sought pieces of pro-LGBT legislation in Congress: the Employment Non-Discrimination Act.
While the Republican takeover of the House in 2010 makes any movement of the legislation in that chamber unlikely, Democrats remain in control of the Senate and Tom Harkin (D-Iowa), a longtime supporter of ENDA, remains chair of the Senate Health, Education, Labor & Pensions Committee, which has jurisdiction over the bill.
Tico Almeida, president of Freedom to Work, called Harkin a โstrong champion for workplace fairness for all Americansโ and said ENDA supporters are fortunate the Iowa Democrat heads the panel responsible for the legislation.
โI hope he will use his chairmanship to organize an ENDA hearing this spring or summer,โ Almeida said. โGiven that 70 or 80 percent of Americans are in favor of ENDA, and that support crosses party lines, this is a winning wedge issue for Democrats to use in an election year.โ
Mara Keisling, executive director of the National Center for Transgender Equality, said ENDA supporters have been asking the committee for a hearing โfor a long timeโ throughout the course of the 112th Congress.
โWhen thereโs nothing else going on, itโs always good to try to get a hearing,โ Keisling said. โIt keeps the ball moving. It keeps reminding everybody that there are some issues that we all know we have to cover eventually.โ
ENDA has been a high priority for the LGBT community for decades. It would prohibit discrimination on the basis of sexual orientation and gender identity in most situations in the public and private workforce. Even when Democrats controlled both the House and Senate in the 111th Congress, no committee or floor vote was taken on the legislation.
A hearing in the Senate presents a historic opportunity because no transgender witness has testified before the upper chamber on the importance of ENDA or told a story about being discriminated against on the basis of gender identity.
According to โInjustice at Every Turn,โ a report published last year by the National Gay & Lesbian Task Force and the National Center for Transgender Equality, transgender people face significantly high rates of workplace discrimination. The study says transgender people have double the rate of unemployment compared to non-trans people. Ninety percent of those who participated in the survey reported experiencing discrimination on the job or took actions like hiding their gender identity to avoid it.
In 2009, the House Education & Labor Committee held a hearing that featured testimony from Vandy Beth Glenn, a former legislative editor at the Georgia General Assembly who was fired in 2007 after she announced she was undergoing gender transition. While no federal law prohibits discrimination against transgender people, the 11th Circuit of Court of Appeals issued a sweeping decision in December that Glennโs employer unlawfully discriminated against her on the basis of gender because she wasnโt conforming to gender stereotypes.
A similar hearing in the Senate in the same year had no transgender witness, although there was testimony from a high-ranking Obama administration official, Thomas Perez, assistant attorney general for the Justice Departmentโs Civil Rights Division.
Almeida said the inclusion of at least one โ and preferably several โ transgender witness at any hearing by the Senate HELP Committee on ENDA would be โabsolutely critical.โ
โI vividly remember sitting in the counselโs chair on the House Labor Committee dais as Vandy Beth Glenn testified somberly about being fired on the same day she told her employer that she planned to transition from male to female,โ Almeida said. โThereโs a lot of important education that happens when transgender Americans get to share their stories and talk about their lives.โ
While Almeida served as ENDAโs lead counsel in the U.S. House from 2007 to 2010, the House Education & Labor Committee held three separate ENDA hearings and called five transgender witnesses to testify. Almeida said one of the three hearings was โhistoricโ because it exclusively focused on workplace discrimination against transgender people.
โThat was the first time any congressional committee had ever held any hearing specifically about discrimination against transgender Americans,โ Almeida said. โBy comparison, the U.S. Senate is way behind.โ

Mara Keisling, executive director of the National Center for Transgender Equality (Washington Blade file photo by Michael Key)
Keisling said โa lot of peopleโ could be qualified to testify as a transgender witness for a hearing on ENDA. Without naming anyone in particular, she said the candidate should be โas fresh as possible.โ
โA six-month-old case is better than a 20-year-old,โ Keisling said. โItโs a really tough thing. Itโs has to deal with what members of the Senate on the committee, who youโre trying to reach out to, how you balance it geographically and demographically.โ
In addition to holding a hearing on ENDA, the committee could easily report out the legislation to the Senate floor. Besides Sen. Jeff Merkley (D-Ore.), the chief sponsor of the bill, all 12 Democrats on the panel are co-sponsors as well as Sen. Mark Kirk (R-Ill.), whoโs one of three Republicans in the Senate whoโve signed on in support of the bill along with Sen. Susan Collins (R-Maine) and retiring Sen. Olympia Snowe (R-Maine).
Moving the bill out of committee could draw media attention to the legislation similar to what happened in November, when the Senate Judiciary Committee along party lines reported out the Respect for Marriage Act โ legislation that would repeal the anti-gay Defense of Marriage Act.
Almeida said Harkin could take a cue from Chairman Patrick Leahy (D-Vt.), who decided to move forward with the DOMA repeal markup, by applying the same standard to ENDA.
โI imagine Sen. Leahy realized that [the Respect for Marriage Act] was not going to pass the full Senate this session, but he held the hearing and mark-up anyway because those events are good ways to tell compelling stories, create good media attention in favor of equality, and build momentum for eventual passage,โ Almeida said. โWe need the same push and momentum for ENDA.โ
But a committee vote on ENDA would likely be the most extensive action that could take place on the legislation in the current Congress.
The bill has 41 co-sponsors, which is short of the 60 votes necessary to overcome a filibuster on the Senate floor. Last year, advocates said a floor vote in the Senate could be successful โ but that was largely contingent on pressure from President Obama, who has been quiet on ENDA during the 112th Congress. Any movement on ENDA in the Republican-controlled House is unlikely.
Moreover, the offices of lawmakers who would be responsible for moving forward with ENDA in committee were reluctant to say much about the prospects of having either a hearing or a markup on the bill.
Justine Sessions, a HELP Committee spokesperson, said the panel hasnโt planned any hearing beyond the month of April.
Previous hearings have emphasized topics such as maintaining Americaโs global competitiveness, but nothing related to ENDA.
Julie Edwards, a Merkley spokesperson, said sheโs unable to comment on the discussions her boss may have had with Harkin on the issue.
โSen. Merkley continues to explore every avenue to make legal discrimination a relic of the past,โ Edwards said. โWe cannot discuss private conversations with colleagues, but he will explore every option.โ
Nonetheless, LGBT groups insist theyโve been pushing for Senate action on ENDA. Freedom to Work, the Human Rights Campaign, the National Center for Transgender Equality and the National Gay & Lesbian Task Force have each said they have been in contact with the committee to urge them to take action.
Michael Cole-Schwartz, an HRC spokesperson, said HRC has โworked withโ the committee for action on ENDA.
โAs with all of our priority bills, we constantly work with our allies to find every opportunity to move the ball down the field,โ Cole-Schwartz said. โA Senate hearing and markup on an inclusive ENDA would represent tremendous progress and weโve worked with Senators Harkin, Merkley, Kirk and others toward that end.โ
Stacey Long, the National Gay & Lesbian Task Forceโs director of public policy and government affairs, said her group โhas been advocating this position to Sen. Harkin and other lawmakers on the Hill.โ
โThe Task Force staunchly supports a trans-inclusive hearing and markup of ENDA this year,โ Long said. โPolitical leaders need to hear the stories, see the startling data, and most importantly, pass an inclusive ENDA.โ
But Keisling said one of the challenges with having either a hearing or markup on ENDA is Kirk โbeing out of the picture temporarily.โ Heโs been recovering from a stroke that he suffered in January.
โHeโs by far the best Republican supporter on the HELP committee,โ Keisling said. โHaving him not there right now complicates the picture. โฆ It would be great to have Sen. Kirk when there was a hearing, and I donโt have the slightest idea when heโs coming back.โ
A Senate hearing on ENDA could represent an opportunity for renewed focus on another ask of the Obama administration: an executive order from Obama requiring companies doing business with the federal government to have LGBT-inclusive non-discrimination policies.
Harkin has already expressed support for the executive order, telling the Washington Blade last year he โwould strongly support an executive order from President Obama that makes clear government contractors cannot discriminate based on sexual orientation and gender identity.โ As far as other members of the committee go, Merkley has said heโd support the directive, while Kirk has said the statute is the right way because a future president could rescind the order.
Almeida said discussion about the executive order during a committee hearing may come up, but he doesnโt think โanybody would make a big deal about itโ โ mostly because Republican senators opposed to ENDA and the executive order would likely skip the hearing as theyโve done in years past.
โI donโt think the topic of the executive order needs any more study given that the lawyers at President Obamaโs Justice Department and Labor Department have already done more than a yearโs worth of research and then recommended that the president sign the executive order,โ Almeida said. โItโs now time for President Obama to sign the order.โ
Multiple sources have told the Blade the Labor and Justice Departments have cleared such a measure, but the White House hasnโt said whether Obama will issue the directive.
Keisling also said she doesnโt think devoting any portion of the hearing to the executive order will be necessary.
โI think the president knows who in Congress would support it and who wouldnโt,โ Keisling said. โI donโt see that would be helpful in moving it along at all. It would probably make us all feel good if there were more noise about it, but I donโt think itโll help move along the issue.โ
Federal Government
RFK Jr.โs HHS report pushes therapy, not medical interventions, for trans youth
โDiscredited junk scienceโ โ GLAAD

A 409-page report released Thursday by the U.S. Department of Health and Human Services challenges the ethics of medical interventions for youth experiencing gender dysphoria, the treatments that are often collectively called gender-affirming care, instead advocating for psychotherapy alone.
The document comes in response to President Donald Trumpโs executive order barring the federal government from supporting gender transitions for anyone younger than 19.
โOur duty is to protect our nationโs children โ not expose them to unproven and irreversible medical interventions,โ National Institutes of Health Director Dr. Jay Bhattacharya said in a statement. โWe must follow the gold standard of science, not activist agendas.โ
While the report does not constitute clinical guidance, its findings nevertheless conflict with not just the recommendations of LGBTQ advocacy groups but also those issued by organizations with relevant expertise in science and medicine.
The American Medical Association, for instance, notes that โempirical evidence has demonstrated that trans and non-binary gender identities are normal variations of human identity and expression.โ
Gender-affirming care for transgender youth under standards widely used in the U.S. includes supportive talk therapy along with โ in some but not all cases โ puberty blockers or hormone treatment.
โThe suggestion that someoneโs authentic self and who they are can be โchangedโ is discredited junk science,โ GLAAD President and CEO Sarah Kate Ellis said in a statement. โThis so-called guidance is grossly misleading and in direct contrast to the recommendation of every leading health authority in the world. This report amounts to nothing more than forcing the same discredited idea of conversion therapy that ripped families apart and harmed gay, lesbian, and bisexual young people for decades.โ
GLAAD further notes that the โgovernment has not released the names of those involved in consulting or authoring this report.โ
Janelle Perez, executive director of LPAC, said, โFor decades, every major medical associationโincluding the American Medical Association and the American Academy of Pediatricsโhave affirmed that medical care is the only safe and effective treatment for transgender youth experiencing gender dysphoria.
โThis report is simply promoting conversion therapy by a different name โ and the American people know better. We know that conversion therapy isnโt actually therapy โ it isolates and harms kids, scapegoats parents, and divides families through blame and rejection. These tactics have been used against gay kids for decades, and now the same people want to use them against transgender youth and their families.
โThe end result here will be a devastating denial of essential health care for transgender youth, replaced by a dangerous practice that every major U.S. medical and mental health association agree promotes anxiety, depression, and increased risk of suicidal thoughts and attempts.
โLike being gay or lesbian, being transgender is not a choice, and no amount of pressure can force someone to change who they are. We also know that 98% of people who receive transition-related health care continue to receive that health care throughout their lifetime. Trans health care is health care.โ
โTodayโs report seeks to erase decades of research and learning, replacing it with propaganda. The claims in todayโs report would rip health care away from kids and take decision-making out of the hands of parents,โ said Shannon Minter, legal director of NCLR. โIt promotes the same kind of conversion therapy long used to shame LGBTQ+ people into hating themselves for being unable to change something they canโt change.โ
โLike being gay or lesbian, being transgender is not a choiceโitโs rooted in biology and genetics,โ Minter said. โNo amount or talk or pressure will change that.โ
Human Rights Campaign Chief of Staff Jay Brown released a statement: โTrans people are who we are. Weโre born this way. And we deserve to live our best lives and have a fair shot and equal opportunity at living a good life.
โThis report misrepresents the science that has led all mainstream American medical and mental health professionals to declare healthcare for transgender youth to be best practice and instead follows a script predetermined not by experts but by Sec. Kennedy and anti-equality politicians.โ
The White House
Trump nominates Mike Waltz to become next UN ambassador
Former Fla. congressman had been national security advisor

President Donald Trump on Thursday announced he will nominate Mike Waltz to become the next U.S. ambassador to the U.N.
Waltz, a former Florida congressman, had been the national security advisor.
Trump announced the nomination amid reports that Waltz and his deputy, Alex Wong, were going to leave the administration after Waltz in March added a journalist to a Signal chat in which he, Defense Secretary Pete Hegseth, and other officials discussed plans to attack Houthi rebels in Yemen.
โI am pleased to announce that I will be nominating Mike Waltz to be the next United States ambassador to the United Nations,โ said Trump in a Truth Social post that announced Waltzโs nomination. โFrom his time in uniform on the battlefield, in Congress and, as my National Security Advisor, Mike Waltz has worked hard to put our nationโs Interests first. I know he will do the same in his new role.โ
Trump said Secretary of State Marco Rubio will serve as interim national security advisor, โwhile continuing his strong leadership at the State Department.โ
โTogether, we will continue to fight tirelessly to make America, and the world, safe again,โ said Trump.
Trump shortly after his election nominated U.S. Rep. Elise Stefanik (R-N.Y.) to become the next U.S. ambassador to the U.N. Trump in March withdrew her nomination in order to ensure Republicans maintained their narrow majority in the U.S. House of Representatives.
U.S. Federal Courts
Second federal lawsuit filed against White House passport policy
Two of seven plaintiffs live in Md.

Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administrationโs passport policy.
The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with โXโ gender markers โhas caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.โ
Two of the seven plaintiffs โ Jill Tran and Peter Poe โ live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.
โThe discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,โ said Lambda Legal in a press release.
Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.
The lawsuit notes he legally changed his name and gender in New York.
Schlacter less than a week before President Donald Trumpโs inauguration โsent an expedited application to update his legal name on his passport, using form DS-5504.โ
Trump once he took office signed an executive order that banned the State Department from issuing passports with โXโ gender markers. The lawsuit notes Schlacter received his new passport in February.
โThe passport has his correct legal name, but now has an incorrect sex marker of โFโ or โfemale,'โ notes the lawsuit. โMr. Schlacter also received a letter from the State Department notifying him that โthe date of birth, place of birth, name, or sex was corrected on your passport application,โ with โsexโ circled in red. The stated reason was โto correct your information to show your biological sex at birth.'โ
โI, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,โ said Schlacter in the press release that announced the lawsuit. โMy safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.โ
Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an โXโ gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
Lambda Legal represented Zzyym.
The State Department policy took effect on April 11, 2022.
Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.
A federal judge in Boston earlier this month issued a preliminary injunction against the executive order. The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.