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ENDA blame game underway

Dems cite GOP opposition; others fault Senate leadership

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LGBT activists targeted Sen. Majority Leader Harry Reid (D-Nev.) last week, urging him to advance ENDA. (Washington Blade photo by Michael Key)

Democratic senators are blaming Republican obstructionism for the Senate’s failure to advance the Employment Non-Discrimination Act, but others say a lack of strategy is preventing a vote.

The plight of ENDA in the Senate received renewed attention last week when GetEqual staged a protest in Las Vegas blocking traffic on Las Vegas Boulevard and demanding Senate Majority Leader Harry Reid (D-Nev.) take action.

The legislation, stalled in the House and Senate, would prohibit job bias against LGBT people in most public and private workforce scenarios.

Democratic supporters say Republican opposition is preventing Senate action on the bill.

Assistant Majority Leader Richard Durbin (D-Ill.) said Democratic leadership wants to move forward with ENDA, but noted difficulties in moving any item on the legislative agenda forward.

ā€œWe have a tough time moving anything on the calendar because of Republican filibusters,ā€ Durbin said.

Still, Durbin said a vote on the legislation in September after lawmakers return from August recess is ā€œpossible,ā€ while adding that timeframe is a ā€œpretty hectic period.ā€ He noted that a vote would more likely come in the period following the November election.

Sen. Tom Harkin (D-Iowa), chair of the Senate Health, Education, Labor & Pensions Committee where ENDA is pending, on Tuesday expressed similar grievances about Republican obstructionism.

Asked what’s keeping the legislation from coming to a Senate vote, Harkin simply replied, ā€œRepublicans.ā€

ā€œIt’s one of my priority items,ā€ Harkin said. ā€œI’d like to move it, but [I’m] not certain we’re going to have the time.ā€

Harkin said he couldn’t immediately recall if any particular part of the measure was causing controversy and keeping it from coming to a Senate vote.

ā€œThere’s been a lot of objections by certain Republicans on it,ā€ Harkin said. ā€œAs far as I’m concerned, they’re not legitimate. I couldn’t even enumerate them right now, I forget what they are.ā€

Mara Keisling, executive director of the National Center for Transgender Equality, also blamed Republicans for the failure to advance ENDA in the Senate. She also cited what she called a ā€œgeneral dysfunctionā€ in the chamber as a problem.

ā€œIt’s certainly not all about ENDA,ā€ she said. ā€œIt’s certainly, certainly not about transgender inclusion in ENDA. They can’t get campaign finance reform through, they can’t get, sometimes, job bills through.ā€

On Tuesday, Democratic leadership tried to move forward on a campaign finance reform bill known as the DISCLOSE Act. Republicans, who hold 41 of 100 seats in the chamber, were unified in their opposition and able to filibuster a motion to proceed with the legislation.

Still, ENDA is likely to fare better with Republicans in the Senate because the legislation has two GOP co-sponsors, Sens. Susan Collins and Olympia Snowe of Maine.

R. Clarke Cooper, executive director of the Log Cabin Republicans, dismissed the notion that Republicans were holding up ENDA in the Senate and said ā€œonly the current Senate majority leadership can truly answerā€ why ENDA isn’t on the calendar.

ā€œBlaming the minority leadership for the majority’s disorganization and lack of planning this year is simplistic and, frankly, lazy,ā€ Cooper said. ā€œBoth sides of the aisle are frustrated with the lack of activity.ā€

Sen. Jeff Merkley (D-Ore.), the sponsor for ENDA in the Senate, is hoping House passage of ENDA would jumpstart interest in passing it in the Senate, according to his office.

ā€œI think, at this point, it’s kind of something that we’re waiting for the House to pass to build a little momentum here in the Senate, and then hopefully get going on it here,ā€ said Mike Westling, a Merkley spokesperson.

But in response to inquiries on why the House hasn’t moved forward with the bill, House leadership pointed to the lack of a strategy for ENDA in the Senate.

ā€œWe should encourage the Senate to develop a course for ENDA to ensure that when the House passes the legislation, the Senate can move quickly to send the legislation to the president’s desk,ā€ Drew Hammill, a spokesperson for U.S. House Speaker Nancy Pelosi, earlier told the Blade.

Asked whether any discussions on a strategy to advance ENDA in the Senate have taken place, Durbin replied, ā€œWe have not reached that level.ā€

Harkin said he hadn’t yet done a whip count on the legislation and wasn’t sure whether the legislation would have 60 votes to pass.

ā€œI just know that initial inquiries about getting a time limit on it were unfruitful,ā€ he said. ā€œSo, without a time limit, we’re not going to bring anything up.ā€

Harkin said Senate leadership is ā€œalways lookingā€ for other bills that could serve as a vehicle to move ENDA forward as an amendment, but didn’t name any potential legislation.

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U.S. Federal Courts

Federal judge blocks Trump passport executive order

State Department can no longer issue travel documents with ‘X’ gender markers

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(Bigstock photo)

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 today’s 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 ā€œXā€ 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.

ā€œThis 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.

ā€œBy 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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State Department

HIV/AIDS activists protest at State Department, demand full PEPFAR funding restoration

Black coffins placed in front of Harry S. Truman Building

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HIV/AIDS activists place black Styrofoam coffins in front of the State Department on April 17, 2025. (Washington Blade photo by Michael Key)

Dozens of HIV/AIDS activists on Thursday gathered in front of the State Department and demanded the Trump-Vance administration fully restore President’s Emergency Plan for AIDS Relief funding.

Housing Works CEO Charles King, Health GAP Executive Director Asia Russell, Human Rights Campaign Senior Public Policy Advocate Matthew Rose, and others placed 206 black Styrofoam coffins in front of the State Department before the protest began.

King said more than an estimated 100,000 people with HIV/AIDS will die this year if PEPFAR funding is not fully restored.

“If we continue to not provide the PEPFAR funding to people living in low-income countries who are living with HIV or at risk, we are going to see millions and millions of deaths as well as millions of new infections,” added King.

Then-President George W. Bush in 2003 signed legislation that created PEPFAR.

The Trump-Vance administration in January froze nearly all U.S. foreign aid spending for at least 90 days. Secretary of State Marco Rubio later issued a waiver that allows the President’s Emergency Plan for AIDS relief and other ā€œlife-saving humanitarian assistanceā€ programs to continue to operate during the freeze.

The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to suspend services and even shut down because of a lack of U.S. funding. Two South African organizations — OUT LGBT Well-being and Access Chapter 2 — that received PEPFAR funding through the U.S. Agency for International Development and the Centers for Disease Control and Prevention in recent weeks closed down HIV-prevention programs and other services to men who have sex with men.

Rubio last month said 83 percent of USAID contracts have been cancelled. He noted the State Department will administer those that remain in place “more effectively.”

“PEPFAR represents the best of us, the dignity of our country, of our people, of our shared humanity,” said Rose.

Russell described Rubio as “ignorant and incompetent” and said “he should be fired.”

“What secretary of state in 90 days could dismantle what the brilliance of AIDS activism created side-by-side with George W. Bush? What kind of fool could do that? I’ll tell you who, the boss who sits in the Harry S. Truman Building, Marco Rubio,” said Russell.

Health GAP Executive Director Asia Russell, center, speaks in front of the State Department on April 17, 2025. (Washington Blade photo by Michael Key)
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U.S. Military/Pentagon

Pentagon urged to reverse Naval Academy book ban

Hundreds of titles discussing race, gender, and sexuality pulled from library shelves

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U.S. Defense Secretary Pete Hegseth (Washington Blade photo by Michael Key)

Lambda Legal and the Legal Defense Fund issued a letter on Tuesday urging U.S. Defense Secretary Pete Hegseth to reverse course on a policy that led to the removal of 381 books from the Nimitz Library of the U.S. Naval Academy in Annapolis, Md.

Pursuant to President Donald Trump’s executive order 14190, “Ending Radical Indoctrination in K-12 Schooling,” the institution screened 900 titles to identify works promoting “diversity, equity, and inclusion,” removing those that concerned or touched upon “topics pertaining to the experiences of people of color, especially Black people, and/or LGBTQ people,” according to a press release from the civil rights organizations.

These included “I Know Why the Caged Bird Singsā€ by Maya Angelou, ā€œStone Fruitā€ by Lee Lai,Ā ā€œThe Hate U Giveā€ by Angie Thomas, ā€œLies My Teacher Told Me: Everything Your American History Textbook Got Wrongā€ by James W. Loewen, ā€œGender Queer: A Memoirā€ by Maia Kobabe, and ā€œDemocracy in Black: How Race Still Enslaves the American Soulā€ by Eddie S. Glaude, Jr.Ā 

The groups further noted that “the collection retained other books with messages and themes that privilege certain races and religions over others, including ‘The Clansman: A Historical Romance of the Ku Klux Klan’ by Thomas Dixon, Jr., ‘Mein Kampf’ by Adolf Hitler, and ‘Heart of Darkness’ by Joseph Conrad.

In their letter, Lambda Legal and LDF argued the books must be returned to circulation to preserve the “constitutional rights” of cadets at the institution, warning of the “danger” that comes with “censoring materials based on viewpoints disfavored by the current administration.”

“Such censorship is especially dangerous in an educational setting, where critical inquiry, intellectual diversity, and exposure to a wide array of perspectives are necessary to educate future citizen-leaders,”Ā Lambda Legal Chief Legal Officer Jennifer C. PizerĀ andĀ LDF Director of Strategic Initiatives Jin Hee Lee said in the press release.

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