National
ENDA votes needed from Reid, Baucus, Nelson
Senators, scarred from health care battle, uncommitted on bill

U.S. Sen. Ben Nelson supports efforts to ban employment discrimination based on sexual orientation, but itās unclear whether he supports broadening such protections to include discrimination based on gender identity. (Photo courtesy of Nelsonās office)
At least three highly influential Democratic senators who became embroiled in the contentious fight over President Obamaās health care reform bill have yet to co-sponsor for the Employment Non-Discrimination Act.
But Senate Majority Leader Harry Reid (D-Nev.) and Sens. Max Baucus (D-Mont.) and Ben Nelson (D-Neb.) ā each considered battled scarred over the health care fight ā have expressed general support for legislation to ban employment discrimination based on sexual orientation.
Reid and Baucus voted for an earlier version of ENDA in 1996, when it lost in a close Senate vote, prompting LGBT lobbyists to express optimism over the two senatorsā votes should ENDA come before the Senate this year.
Reid and Baucus have not taken a public stand on the gender identity provision in the current version of the bill, which would ban employment discrimination against transgender people.
Reid, who received a perfect rating of 100 from the Human Rights Campaign for the period of 2008-2009, is facing a tough re-election fight, with at least two possible Republican challengers leading in polls by double digits.
Last year, his spokesperson, Jim Manning, said Reid supports ENDA and would take steps to bring it to the Senate floor at the appropriate time.
Reid, Baucus and Nelson are among 16 Senate Democrats who havenāt co-sponsored ENDA and whose support is considered crucial to the billās passage.
Although HRC, which is leading the formal lobbying effort for ENDA, believes there are more than 50 senators poised to vote for the measure, the group acknowledges itās uncertain whether supporters can garner the 60 votes needed to overcome an expected filibuster intended to kill the bill.
āI believe we have 53 or more votes for the bill itself,ā said David Stacy, HRCās deputy legislative director.
Stacy noted that 63 senators voted last year to break a filibuster for a hate crimes bill that included protections for gay and transgender people, enabling the bill to pass. The bill was the first congressionally passed civil rights legislation to protect gay and transgender people.
Stacy said HRC was hopeful, but uncertain whether 60 senators could be lined up to break an ENDA filibuster.
Nelson, like Reid and Baucus, has expressed general support for non-discrimination legislation based on sexual orientation. And he, too, voted for the trans-inclusive hate crimes bill.
Unlike Reid, Baucus and Nelson are not facing a re-election fight this year, another factor that activists hope will encourage them to support ENDA.
Baucusā Montana colleague, Sen. John Tester (D-Mont.) also has not yet become an ENDA co-sponsor. His office did not respond to calls by press time seeking his position on the bill.
Similar to Baucus, Nelson and Reid, Tester has a mixed record on LGBT rights. He has expressed opposition to gay marriage but has said he opposes a U.S. constitutional amendment to ban it. Tester voted for the hate crimes bill last year.
Meanwhile, Sen. Kay Hagan (D-N.C.), another lawmaker not currently co-sponsoring ENDA, is among the Democrats that LGBT activists are hoping will come through with another needed vote on ENDA. Like the other senators, she has expressed general support for LGBT equality but declined to sign on as an ENDA co-sponsor.
āI think she would probably vote for it,ā said Hastings Wyman, editor of Southern Political Report, an authoritative newsletter about politics in the South. āShe voted for health care and she has another four years before she comes up for re-election.ā
The offices of Baucus, Tester, Nelson, and Hagan did not return calls seeking their current positions on ENDA.
U.S. Supreme Court
Supreme Court to hear Md. religious freedom case on Tuesday
Advocacy groups to rally outside during Mahmoud v. Taylor oral arguments

Activists on Tuesday will hold a rally in front of the U.S. Supreme Court as the justices hear oral arguments in a case that will determine whether schools are violating parentsā religious freedom by not letting them opt their children out of learning about LGBTQ-specific topics.
Mahmoud v. Taylor is a case out of Montgomery County about parents who wish to opt their children out of LGBTQ-themed lessons in public schools for religious reasons.Ā
Montgomery County Public Schools, after initially allowing parents to opt their children out, changed the policy in March 2023.
The plaintiffs ā Tamer Mahmoud, Enas Barakat, and other parents ā argue āthe storybooks were chosen to disrupt ācisnormativityā and āeither/or thinkingā among students.ā
āThe board’s own principals objected that the curriculum was ānot appropriate for the intended age group,ā presented gender ideology as āfact,ā āsham[ed]ā students with contrary opinions, and was ādismissive of religious beliefs,āā according to the petition on the Supreme Courtās website.
The petition goes further, saying the parents are ānot challenging the curriculum, but arguing that compelling their elementary-age children to participate in instruction contrary to their parentsā religious convictions violated the Free Exercise Clause. Construing Wisconsin v. Yoder, the 4th Circuit found no free-exercise burden because no one was forced āto change their religious beliefs or conduct.āā
The Coalition for Inclusive Schools and Communities, an organization that aims to bring together āadvocates, educators, families, and organizations committed to inclusive, affirming, fact and science-based education,ā will participate in the āRally for Inclusive Educationā rally outside the Supreme Court alongside Live In Your Truth and the Montgomery County Pride Family.
āInclusive education isnāt just a value ā itās a necessity,ā said Phillip Alexander Downie, co-chair of the Coalition for Inclusive Schools and Communities and CEO of Montgomery County Pride Family. āThe right of every child to learn in an environment where they see themselves reflected, affirmed, and respected is under attack. This rally is our moment to protect that right ā and ensure future generations inherit classrooms rooted in truth, equity, equality, and justice.ā
The Coalition for Inclusive Schools and Communities says the rally is a ānonpartisan community gathering rooted in education, advocacy, and solidarity.ā
āThe focus of this event is to uplift the importance of inclusive learning environments, celebrate the power of diversity in our schools, and amplify the voices of those most impacted by exclusionary practices and rhetoric,ā it said.
The rally will feature speakers from across the country, including students, educators, civil rights leaders, and authors who will give their own testimonies as to why it is important to have inclusivity in primary education. Trans Maryland, the National Womenās Law Center, MoCoPride Center, and Authors Against Book Bans are among the LGBTQ groups sponsoring the event.
National
EXCLUSIVE: Rodrigo Heng-Lehtinen to step down from Advocates for Trans Equality
A4TE formed last year when two transgender rights groups merged

Advocates for Trans Equality Executive Director Rodrigo Heng-Lehtinen on Monday announced he will step down on April 30.
The Transgender Legal Defense and Education Fund and the National Center for Transgender Equality formed Advocates for Trans Equality last year when they merged. Heng-Lehtinen was previously NCTE’s executive director.
āNow that weāve made it through the merger, and A4TE is established as a new, prominent institution fighting hard for trans equality, itās time for me to take my next step,ā said Heng-Lehtinen in a press release that Advocates for Trans Equality sent exclusively to the Washington Blade. āWhen Andy (Hong Marra) and I began envisioning the merger, I committed to seeing it through. Iām proud that now our vision has been realized. A4TE has not just launched, but is fully up and running, delivering results for trans people around the country. With A4TE gaining momentum, Iām now ready to move on to my next chapter.ā
Heng-Lehtinen, whose mother is former Florida Congresswoman Ileana Ros-Lehtinen, in the press release stressed he “will be focusing on changing hearts and minds.”
“With my background in persuasion and messaging, itās where I can make the biggest difference, and what I feel called to return to in this era of anti-trans backlash,” said Heng-Lehtinen. “I will still be fighting shoulder-to-shoulder with everyone (in) the trans movement, simply in a different capacity.”
Marra, who is Advocates for Trans Equality’s CEO, praised Heng-Lehtinen and said the organization’s work will continue.
āWe thank Rodrigo for his years of dedicated leadership and service,ā said Marra. āA4TE will continue to deliver on our promise to advocate for the lives of trans people who need us now more than ever. We remain undaunted by our endeavor to ensure trans people and our families are no less than free and equal and treated with dignity and respect.āĀ
Louisiana Trans Advocates Executive Director Peyton Rose Michelle also praised Heng-Lehtinen.
“Rodrigo has been a steady hand and a bright light in this work,” she said. “He’s someone who shows up with integrity, kindness, and a deep commitment to meeting this political moment with courage. Iāve always felt deeply supported and heard by him, which is something I value deeply.ā
āI fully support him as he steps into this new chapter, and I know his clarity of vision and heart-forward leadership will keep shifting this landscape back toward justice for trans people, and therefore, all people,” added Michelle.
U.S. Federal Courts
Federal judge blocks Trump passport executive order
State Department can no longer issue travel documents with ‘X’ gender markers

A federal judge on Friday ruled in favor of a group of transgender and nonbinary people who have filed a lawsuit against President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers.
The Associated Press notes U.S. District Judge Julia Kobick in Boston issued a preliminary injunction against the directive. The American Civil Liberties Union, which represents the plaintiffs, in a press release notes Kobick concluded Trump’s executive order “is likely unconstitutional and in violation of the law.”
“The preliminary injunction requires the State Department to allow six transgender and nonbinary people to obtain passports with sex designations consistent with their gender identity while the lawsuit proceeds,” notes the ACLU. “Though todayās court order applies only to six of the plaintiffs in the case, the plaintiffs plan to quickly file a motion asking the court to certify a class of people affected by the State Department policy and to extend the preliminary injunction to that entire class.”
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 āXā gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
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.
āThis ruling affirms the inherent dignity of our clients, acknowledging the immediate and profound negative impact that the Trump administration’s passport policy would have on their ability to travel for work, school, and family,ā said ACLU of Massachusetts Legal Director Jessie Rossman after Kobick issued her ruling.
āBy forcing people to carry documents that directly contradict their identities, the Trump administration is attacking the very foundations of our right to privacy and the freedom to be ourselves,” added Rossman. “We will continue to fight to rescind this unlawful policy for everyone so that no one is placed in this untenable and unsafe position.ā
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