News
Reid confident of ENDA’s prospects after Senate vote
GOP House ‘is going to have to capitulate’

Senate Majority Leader Harry Reid spoke with LGBT reporters at a roundtable Wednesday (photo courtesy Senate Democrats)
Senate Majority Leader Harry Reid (D-Nev.) maintained on Wednesday that the Employment Non-Discrimination Act would pass Congress, predicting the House “is going to have to capitulate” on the bill to extend workplace discrimination protections to LGBT people.
The Democratic leader addressed ENDA strategy — including prospects for inserting it into the defense authorization bill or a House discharge petition — speaking with a handful of reporters in his office two days after the Senate invoked cloture on the measure, 61-30, saying he expects the chamber to wrap up the legislation by 5 p.m. on Thursday.
Amid concerns that moving the bill in the House would be a non-starter given the Republican leadership’s opposition, Reid said he “wouldn’t be too sure about that.”
“I think the House is going to have to capitulate,” Reid said. “If they have any hope of a president that can be a viable candidate, or they think they can elect some Republicans, and want to hang on to the House, they’ve got issues.”
After saying on the Senate floor Tuesday he thinks the bill would pass the House if it were allowed to come up for a vote, Reid reaffirmed that belief to reporters, saying passage would be “easy.”
“They have five co-sponsors out of like 232; they should be proud of that,” Reid said. “I think virtually all Democrats would vote for that, and you know as well as I do, it’s just a handful of people that they need from Republicans.”
When the Washington Blade noted that one idea for passing ENDA is inserting the language into larger legislation like the defense authorization bill, Reid was dismissive.
Even though the defense bill has passed 52 years in a row, Reid said he’s not sure it can happen this time around given the gridlock in Congress.
Instead, Reid said the better path is to make “one loud chant” to pass the bill along with legislation related to immigration, marketplace fairness, postal reform as well as the farm bill to make the House look like it’s “living in some other world.”
“I think that would be the better way to go, and one that’s realistic,” Reid said. “The other way won’t work.”
Reid said he agreed with comments from House Minority Leader Nancy Pelosi (D-Calif.) that a strategy similar to passing the Violence Against Women Act reauthorization in the Republican-controlled House, which she said made the bill “too hot to handle,” could be pursued with ENDA.
Also, Reid dismissed the idea that a discharge petition could be a way to move the bill in the House.
“Nope, I don’t think so,” Reid said. “When they get close to 218, the speaker backs them off, the Republicans.”
But asked by the Blade whether House intransigence might give President Obama room to issue an executive order prohibiting LGBT discrimination among federal contractors, Reid agreed, saying, “I think that that certainly would be the case.”
Reid recalled that President Obama took executive action to help young, undocumented immigrants who would be eligible for relief under the DREAM Act because Republicans have opposed the bill, saying the situation with ENDA could be similar.
Still, Reid said an executive order from Obama to address LGBT workplace discrimination isn’t his preference.
“I would rather try to get it done legislatively first,” Reid said. “I think that would be my first choice.”
Numerous questions came up during the roundtable about the amendments proposed by Republicans to ENDA.
When a reporter brought up the amendment filed by Senate Minority Leader Mitch McConnell (R-Ky.) and Sen. Rand Paul (R-Ky.) that would add a national right-to-work provision to ENDA, Reid said he knew what it was even before the measure was explained to him.
Reid said the measure amounted to a “press release” for supporters of right-to-work “right across the river here,” saying “it was just for them.”
But Reid was more understanding of the amendment proposed by Sens. Rob Portman (R-Ohio) and Kelly Ayotte (R-N.H.) to ensure that the government won’t retaliate against religious organizations that invoke the religious exemption in ENDA.
“I believe it was an effort by them to have a reason for joining the bill,” Reid said.
That measure passed by voice vote shortly after Reid spoke to reporters. LGBT advocates have said that language merely reinforces the status quo and makes no substantive change.
Reid also addressed concerns that the religious exemption in ENDA is too broad because it would give religious organizations greater leeway to discriminate against LGBT people than what is allowed under existing law for the protected categories of race, gender and national origin.
“There’s nothing we do that’s perfect,” Reid said. “The goal is to get something passed, move forward. And this allows us to move forward.”
Asked about the lack of Republican opposition on the floor to ENDA on the day of the cloture vote, Reid said it was “just funny.”
“We were told that it was Cruz who would be the one to give the speech,” Reid said. “I find it terribly interesting that Cruz didn’t know what he would say because we found he was willing to talk about anything. He wasn’t willing to do that.”
Sean Rushton, a Cruz spokesperson, said Reid’s assertion that Cruz was supposed to speak against ENDA is “factually inaccurate.” A source said the senator was in the car racing to make the vote and never had any plan to speak.
Faiz Shakir, a Reid spokesperson, insisted in a follow-up response that Democrats saw Rubio point to Cruz on the Senate floor.
“Maybe it was a joke, we don’t know,” Shakir said.
But Reid had more criticism for Cruz. The majority leader said if he didn’t care so much about the country, he’d want Cruz to become the 2016 Republican presidential nominee “because that would end the Republican Party.”
“They have offended everybody,” Reid said. “Over the years, what they have done to African Americans is really hard to comprehend. Now the new people they’re beating up on is Hispanics, women…and lesbian, gays and the other people we have included in this bill.”
Reid also talked about the significance of including transgender protections in ENDA this time around after they were stripped from the bill when the House voted on it in 2007.
“As I’ve grown on this issue, so have the American people,” Reid said. “One time it was a big deal to people who have tried to understand transgender. That held up this legislation for a while. I’m confident of that. To the credit of the HRC, and other groups, when we wanted to move forward without that, they said ‘no.'”
Reid said HRC has told Congress not to pass a gay-only bill, though the organization continued to support the legislation without the transgender protections in 2007. Since then, HRC has supported ENDA only with transgender protections.
Speaking personally about ENDA, Reid mentioned his three adult grandchildren.
“For me to feel any differently about this, they wouldn’t feel proud of their grandfather,” Reid said. “It’s just with my five children, it’s a non-issue, but for my three adult grandchildren, it’s a non-non-non-issue. They can’t imagine why anyone gives a damn.”
Reid disclosed in an earlier conversation with reporters that he had a lesbian niece. Asked whether he had spoken to her since Senate movement on ENDA, Reid said he hadn’t.
“She called me, left a message when we were able to open the government,” Reid said. “She’s, of course, proud of her uncle. But she and I don’t need to dwell on the issue, she’s just like everybody else.”
Reid, a Mormon, was asked by the Blade how he reconciles his faith, which says homosexuality violates God’s law, with his support for gay rights. Reid replied that he’s given a lot to his church and there are Mormons like him who share his views.
“When I attend church here in Washington, D.C., I bet more people agree with me than disagree with me, and so the church is changing, and that’s good,” Reid said.
In the aftermath of ENDA passage in the Senate, Reid said he’d have to hear from the LGBT community on what the next steps should be, but mentioned bullying as a problem over which he shares concern.
“As I was growing up, somebody who was ‘queer’ was really easy to pick on,” Reid said. “I was not in that category, but I saw it happen, and I didn’t do enough to speak out.”
Federal Government
Inside the LGBTQ records of Todd Blanche and Markwayne Mullin
Two men are acting attorney general, DHS secretary
President Donald Trump became famous for his use of the phrase “You’re fired!” while hosting the reality TV show “The Apprentice” in the early 2000s. However, during his time in the Oval Office, he has attempted to distance himself from that image.
Despite those efforts, the phrase once again comes to mind as Trump has fired two high-level female Cabinet members within the past month: Pam Bondi and Kristi Noem.
Their replacements — Todd Blanche at the Justice Department and Markwayne Mullin at the Department of Homeland Security — bring records that, while different in depth, both reflect limited support for LGBTQ protections and, in some cases, direct opposition.
Todd Blanche
Acting attorney general
Little has been found regarding Todd Blanche’s LGBTQ history prior to his role as acting head of the Department of Justice. Unlike those who have worked within the Justice Department’s Civil Rights Division or served as state attorneys general, he has not developed a public-facing legal ideology on LGBTQ issues.
Blanche attended American University for his undergraduate studies — like fellow Trump attorney Michael Cohen — where he met his future wife, Kristin, who was studying at nearby Catholic University in D.C.
He began his legal career as an intern at the U.S. Attorney’s Office in Washington, which eventually became a full-time position. He later worked as a paralegal in the U.S. Attorney’s Office for the Southern District of New York while attending Brooklyn Law School at night. Blanche graduated cum laude in 2003. He and his wife later married and had two children.
Blanche left the U.S. attorney’s office in 2014, taking a job in the Manhattan office of the law firm WilmerHale. In September 2017, he moved to Cadwalader, Wickersham & Taft LLP, where he was a partner in the White Collar Defense and Investigations practice.
In his personal capacity, he represented several figures associated with Donald Trump and former New York City Mayor Rudy Giuliani, including Trump’s former campaign manager Paul Manafort, businessman Igor Fruman, and attorney Boris Epshteyn.
In 2024, Blanche switched from Democrat to Republican, aligning himself with Trump’s political orbit. He later served as Trump’s personal defense attorney in the New York State case that led to Trump’s 2024 conviction on 34 felony counts of falsifying business records to cover up hush-money payments to bisexual adult film star Stormy Daniels.
Now the highest-ranking official at the Justice Department, Blanche has played a central role in overseeing the department and has been involved in leadership decisions tied to several controversial actions affecting LGBTQ people.
In a letter to New York Attorney General Letitia James, Blanche declared that the Justice Department “will not sit idly by while you attempt to use your office to force harmful procedures on our most vulnerable population,” if legal action were taken against NYU Langone. The hospital had “permanently” ended a program earlier that month after the Trump-Vance administration threatened to pull all federal funding if it continued prescribing puberty blockers and hormones to minors.
Blanche wrote that “the Justice Department believes the law is clear, and anti-discrimination laws cannot be used to force NYU Langone to perform sex-rejecting procedures on children.”
“As just one example, your office’s position would require a hospital to prescribe certain medications for certain diagnoses, regardless of the hospital’s or its doctors’ independent medical determination about the propriety of such treatment,” he said.
Blanche also echoed his predecessor’s public stance on limiting LGBTQ-related protections at the federal level, aligning with Bondi’s sentiments in June 2025 regarding the U.S. Supreme Court’s 6–3 decision that restricted LGBTQ history lessions in schools and limits lower federal courts from issuing nationwide injunctions — rulings that have often blocked Trump administration policies.
Calling it “another great decision that came down today,” Blanche argued that the ruling “restores parents’ rights to decide their child’s education,” adding: “It seems like a basic idea, but it took the Supreme Court to set the record straight, and we thank them for that. And now that ruling allows parents to opt out of dangerous trans ideology and make the decisions for their children that they believe is correct.”
In December 2025, a Justice Department memo stated that, “effective immediately,” prisons and jails would no longer be held responsible for violations of standards meant to protect LGBTQ people from harassment, abuse, and rape under the Prison Rape Elimination Act. The law, passed unanimously by Congress in 2003, requires that incarcerated people be screened for their risk of sexual assault, including consideration of LGBTQ status, and applies to all correctional facilities.
Additionally, when the Justice Department, under Blanche’s deputy leadership and at Trump’s behest, attempted to force Children’s National Hospital in D.C. to turn over medical records related to gender-affirming care, U.S. District Judge Julie R. Rubin ruled that the effort “appears to have no purpose other than to intimidate and harass.”
Blanche is also described as having a “strong belief in executive authority.”
Markwayne Mullin
Secretary of Homeland Security
While Blanche’s record is defined more by recent actions than a long paper trail, Markwayne Mullin brings a more established history on LGBTQ issues from his time in Congress.
The head of the Department of Homeland Security has served in Congress since 2013, in both the U.S. House of Representatives and U.S. Senate. He has been actively engaged in shaping restrictions and aligns with broader cultural rhetoric that frames anti-LGBTQ speech as protected expression.
In May 2016, Mullin criticized the Department of Education and the Justice Department’s “Dear Colleague” letter on transgender students, arguing that trans girls should not use girls’ restrooms in public schools.
By January 2021, Mullin and then-Hawaii Congresswoman Tulsi Gabbard had introduced a bill to prevent trans women from participating in women’s sports.
Mullin was not recorded as voting on the final passage of the Respect for Marriage Act, which codified federal recognition of same-sex and interracial marriage.
In 2023, Mullin received a rating of just 6 percent from the Human Rights Campaign.
While serving in the Senate and as a member of the Health, Education, Labor, and Pensions (HELP) Committee, Mullin has been a vocal critic of policies aimed at expanding LGBTQ inclusion in federal programs. He has participated in broader Republican efforts questioning equity-based implementation of the Older Americans Act, including guidance related to sexual orientation and gender identity in aging services, arguing such policies could have unintended consequences.
Mullin also makes history as the first Native American — and a citizen of the Cherokee Nation — to lead the Department of Homeland Security.
He was among the 147 Republicans who voted to overturn the 2020 presidential election results despite no evidence of widespread fraud, and was present in the House on Jan. 6.
District of Columbia
Whitman-Walker Health to present ‘Pro Bono Excellence’ award to law firm
Health center set to celebrate 40th anniversary of legal services program
Whitman-Walker Health, the D.C.-based community healthcare center that specializes in HIV/AIDS and LGBTQ-related health services, announced it will present its annual Dale Edwin Sanders Award for Pro Bono Excellence to the international law firm McDermott Will & Schulte at a May 6 ceremony.
“This year’s award is especially significant as it coincides with the 40th anniversary of Whitman-Walker Health’s Legal Services Program, marking it as the nation’s longest running medical-legal partnership,” a statement released by Whitman-Walker says.
“As a national leader in public health, Whitman-Walker celebrates our partnership with McDermott to strengthen the health center and to enable Whitman-Walker to reach more medical and legal clients,” the statement adds.
“McDermott’s firm-wide commitment to Whitman-Walker’s medical-legal partnership demonstrates a shared vision to serve those most in need,” Amy Nelson, Whitman-Walker’s director of Legal Services, says in the statement. “Our work protects individuals and families who face discrimination and hostility as they navigate increasingly complex administrative systems,” Nelson said.
“Pro bono legal services – like that of McDermott Will & Schulte – find solutions for people who have no place else to turn in the face of financial and health threats,” she added.
“Our partnership with Whitman-Walker Health is a treasured commitment to serving our neighbors and communities,” Steven Schnelle, one of the law firm’s partners said in the statement. “We are deeply moved by Whitman-Walker’s unwavering dedication to inclusion, respect, and equitable access to health care and social services,” he said.
The statement notes that the award for Pro Bono Excellence honors the legacy of the late gay attorney Dale Edwin Sanders. It says Sanders’s pro bono legal work for Whitman-Walker clients “shaped HIV/AIDS law for more than four decades by securing key victories on behalf of individuals whose employment and patient rights were violated.”
It says the Whitman-Walker Legal Services program began during the early years of the AIDS epidemic in the 1980s at a time when people with AIDS faced widespread discrimination and often needed legal assistance. According to the statement, the program evolved over the years and expanded to advocate for transgender people and immigrants.
Whitman-Walker spokesperson Lisa Amore said the presentation of the Dale Edwin Sanders Pro Bono Excellency Award will be held at the May 6 fundraising benefit for Whitman-Walker’s Legal Services Program. She said the event will take place at the offices of the DC law firm Baker McKenzie and ticket availability can be accessed here: https://www.whitman-walker.org/gtem-2026/
Noticias en Español
La X vuelve al tribunal
Primer Circuito examina caso del reconocimiento de personas no binarias en Puerto Rico
Hace ocho meses escribí sobre este tema cuando todavía no había llegado al nivel judicial en el que se encuentra hoy. En ese momento, la discusión se movía entre decisiones administrativas, debates públicos y resistencias políticas. No era un asunto cerrado, pero tampoco había alcanzado el punto actual.
Hoy el escenario es distinto.
La organización Lambda Legal compareció ante el Tribunal de Apelaciones del Primer Circuito en Boston para solicitar que se confirme una decisión que obliga al gobierno de Puerto Rico a emitir certificados de nacimiento que reflejen la identidad de las personas no binarias. La apelación se produce luego de que un tribunal de distrito concluyera que negar esa posibilidad constituye una violación a la Constitución de Estados Unidos.
Este elemento marca la diferencia. Ya no se trata de una discusión conceptual. Existe una determinación judicial que identificó un trato desigual.
El planteamiento de la parte demandante se sostiene en el propio marco legal vigente en Puerto Rico. Los certificados de nacimiento de identidad no son registros históricos inmutables. Son documentos utilizados para fines actuales y esenciales. Permiten acceder a empleo, educación y servicios, y son requeridos en múltiples gestiones ante el Estado. Su función es operativa.
En ese contexto, la exclusión de las personas no binarias no responde a una limitación jurídica. Puerto Rico permite la corrección de marcadores de género en certificados de nacimiento para personas trans binarias desde el caso Arroyo González v. Rosselló Nevares. Además, el Código Civil reconoce la existencia de certificados que reflejan la identidad de la persona más allá del registro original.
La diferencia radica en la aplicación.
El reconocimiento se concede dentro de categorías específicas, mientras que se excluye a quienes no se identifican dentro de ese esquema. Esa exclusión es el eje de la controversia actual.
El argumento presentado por Lambda Legal es preciso. Obligar a una persona a utilizar documentos que no reflejan su identidad implica someterla a una representación incorrecta en procesos fundamentales de la vida cotidiana. Esto puede generar dificultades prácticas, exposición innecesaria y situaciones de vulnerabilidad.
Las personas demandantes, nacidas en Puerto Rico, han planteado que el acceso a documentos precisos no es una cuestión simbólica, sino una necesidad básica para poder desenvolverse sin contradicciones impuestas por el propio Estado.
El hecho de que este caso se encuentre en el sistema federal introduce una dimensión adicional. No se trata de un proyecto legislativo ni de una política pública en discusión. Es una controversia constitucional. El análisis gira en torno a derechos y a la aplicación equitativa de las leyes.
Este proceso tampoco ocurre en aislamiento.
Se desarrolla en un contexto donde los debates sobre identidad y derechos han estado marcados por una mayor presencia de posturas conservadoras en la esfera pública, tanto en Estados Unidos como en Puerto Rico. En el ámbito local, esa influencia ha sido visible en discusiones legislativas recientes, donde argumentos de carácter religioso han comenzado a formar parte del debate sobre política pública. Esa intersección introduce tensiones en torno a la separación entre iglesia y Estado y tiene efectos concretos en el acceso a derechos.
Señalar este contexto no implica cuestionar la fe ni la práctica religiosa. Implica reconocer que, cuando determinados argumentos se trasladan al ejercicio del poder público, pueden incidir en decisiones que afectan a sectores específicos de la población.
Desde Puerto Rico, esta situación no se observa a distancia. Se experimenta en la práctica diaria. En la necesidad de presentar documentos que no corresponden con la identidad de quien los porta. En las implicaciones que esto tiene en espacios laborales, educativos y administrativos.
El avance de este caso abre una posibilidad de cambio en el marco legal aplicable. No porque resuelva de inmediato todas las tensiones en torno al tema, sino porque establece un punto de análisis jurídico sobre una práctica que hasta ahora ha operado bajo criterios restrictivos.
A diferencia de hace ocho meses, el escenario actual incluye una determinación judicial que ya identificó una violación de derechos. Lo que corresponde ahora es evaluar si esa determinación se sostiene en una instancia superior.
Ese proceso no define un resultado inmediato, pero sí establece un nuevo punto de referencia.
El debate ya no es teórico.
Ahora es judicial.
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