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5 Senate Democrats not sponsoring ENDA

Supporters looking for 60 votes as vote expected this summer

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5 Democratic U.S. senators don't co-sponsor ENDA (Blade photo compilation by Michael Key)

5 Democratic U.S. senators don’t co-sponsor ENDA (Photos public domain)

Amid renewed attention to the Employment Non-Discrimination Act, a total of five Democratic senators have so far declined to co-sponsor the legislation.

During a Pride reception at the White House last week, President Obama gave ENDA a boost when he said ā€œwe need to getā€ the legislation passed. Senate Majority Leader Harry Reid (D-Nev.) broke with tradition when he signed as a co-sponsor of the bill immediately afterward.

Just last week, Sen. Heidi Heitkamp (D-N.D.), a conservative Democrat who voted against expanded background checks for gun sales, signed on as a co-sponsor. The office of Sen. Tom Carper (D-Del.) confirmed to the Washington Blade on Monday he’ll also sign on in support of the bill.

But five Democrats in the Senate still aren’t co-sponsors of the legislation: Sens. Bill Nelson (D-Fla.), Mark Pryor (D-Ark.), Joe Manchin (D-W.Va.), Jay Rockefeller (D-W.Va.) and Tim Johnson (D-S.D.).

A spokesperson for Sen. Nelson said he is traveling today and unavailable for immediate comment. The other fourĀ offices didn’t immediately respond to requests for comment.

Tico Almeida, president of Freedom to Work, said there’s “simply no valid excuse” for any Democratic senator to withhold their support for ENDA as a full Senate vote on the legislation approaches.

“If any of these senators vote ‘no’ on ENDA, they will betray our American values of fairness and equal opportunity and they will turn their backs on hardworking gay and transgender citizens who simply want a fair shot to hold a job in a really tough economy,” Almeida said.

Four of these Democrats ā€” Nelson, Rockefeller, Johnson, Pryor ā€” voted for “Don’t Ask, Don’t Tell” repeal in 2010. Manchin didn’t vote on the bill, but later said withholding the vote was “wrong.”

Their support could be needed quickly if, as promised by Reid in his Pride statement, the floor vote on ENDA comes up “soon.” Senate Health, Education, Labor & Pensions Committee Chair Tom Harkin (D-Iowa) is expected to report the legislation out of committee this summer.

Almeida called for action from the Democratic National Committee and the Democratic Senatorial Campaign Committee to persuade these five senators to declare their support for ENDA and make clear a vote in favor of the bill isĀ “a bedrock principle for all Democrats in good standing.”

“It would also be great if President Obama, Vice President Joe Biden, and the White House legislative team got in the game by aggressively lobbying these hold-out Democrats in the weeks and months to come,” Almeida said. “In fact, President Obama could set a good example for the hold-out Democrats by signing his long overdue executive order, which is not ‘hypothetical’ no matter what some staffers want to pretend.”

Notably, Sen. Mary Landrieu (D-La.) is an ENDA co-sponsor even though she’s one of three U.S. Senate Democrats who have not come out in support of marriage equality. The other two are Manchin and Pryor.

Assuming all 54 senators in the Democratic caucus vote for ENDA, a total of six additional Republicans would be needed for 60 votes to end the likely filibuster of the legislation on the Senate floor. Two Republicans are already co-sponsors: Sens. Susan Collins (R-Maine) and Mark Kirk (R-Ill.).

The additional Republicans who are seen as the most likely supporters are Sens. Rob Portman (R-Ohio), Lisa Murkowski (R-Alaska), Jeffery Chiesa (R-N.J.), Jeff Flake (R-Ariz.), Richard Burr (R-N.C.) and Dean Heller (R-Nev.).

Portman came out for marriage equality earlier this year after learning his son is gay. During an interview at a Buzzfeed Brews EventĀ in May, Portman said he “totally support[s] the concept” of ENDA, but has concerns aboutĀ ā€œlitigation that could resultā€ and ā€œreligious freedom.ā€

Jeffrey Sadosky, a Portman spokesperson, expressed a similar sentiment on the Ohio Republican’s views on ENDA in an email to the Blade on Monday.

“Senator Portman is strongly opposed to discrimination and is looking at proposals to address it,” Sadosky said. “He is concerned about excessive reliance on litigation as a tool for social change, and will continue to review the most recent version of ENDA.”

Murkowski and Burr were two Republicans who voted for “Don’t Ask, Don’t Tell” repeal in 2010. But while Murkowski voted for cloture and to pass the measure, Burr only voted for final passage and withheld his vote for cloture.

Chiesa comes from a traditionally “blue” state that already has a statewide law prohibiting LGBT employment non-discrimination. He hasn’t yet articulated a position on ENDA.

Flake, a relative newcomer to the Senate, is also contender to support ENDA because as U.S. House member, he voted for a version of the legislation that came to the House floor in 2007 (although he also voted for the motion to recommit, which would have killed the bill). Still, FlakeĀ recently took an anti-gay position when he said he’d abandon comprehensive immigration reform if a provision for bi-national same-sex couples was included in the bill.

Heller is also a relative newcomer to the Senate, but also in play because he represents a moderate state and twice voted in favor of LGBT-inclusive reauthorization of the Violence Against Women Act.

Gregory Angelo, executive director of Log Cabin Republicans, said his organization has been working to lobby Republicans ā€” moderates and conservatives alike ā€” to support ENDA. He declined to comment on the content of the talks.

“In the realm of lobbying, the Log Cabin Republicans mantra is to leave no stone unturned,” Angelo said. “I’m constantly on the Hill outlining our reasons of support for ENDA, both among Republican members of the Senate and members of the House. This isn’t about going after moderates but about making the case to common-sense conservatives that no one should be fired from their job because they happen to be gay.”

Another issue is the upcoming special election for the U.S. Senate seat in Massachusetts on June 25. The winner of that race will likely vote on ENDA instead of the interim U.S. Sen.Ā William Maurice “Mo” Cowan.

Both candidates have expressed support for the bill. But the Democratic candidate, Rep. Ed Markey (D-Mass.), is a co-sponsor of ENDA in the House. The Republican candidate, Gabriel Gomez, came out in support of ENDA in a statement provided to the Washington Blade by his campaign last week.

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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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