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Reid confident of ENDA’s prospects after Senate vote

GOP House ‘is going to have to capitulate’

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Senate Majority Leader Harry Reid spoke with LGBT reporters at a roundtable Wednesday (photo courtesy Senate Democrats)

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.”

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District of Columbia

D.C. Council gives first approval to amended PrEP insurance bill

Removes weakening language after concerns raised by AIDS group

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‘This is a win in the fight against HIV/AIDS,’ said Council member Zachary Parker. (File photo courtesy of Earline Budd)

The D.C. Council voted unanimously on Feb. 3 to approve a bill on its first of two required votes that requires health insurance companies to cover the costs of HIV prevention or PrEP drugs for D.C. residents at risk for HIV infection.

 The vote to approve the PrEP D.C. Amendment Act came immediately after the 13-member Council voted unanimously again to approve an amendment that removed language in the bill added last month by the Council’s Committee on Health that would require insurers to fully cover only one PrEP drug.

The amendment, introduced jointly by Council members Zachary Parker (D-Ward 5), who first introduced the bill in February 2025, and Christina Henderson (I-At-Large), who serves as chair of the Health Committee, requires insurers to cover all U.S. Food and Drug Administration approved PrEP drugs.  

Under its rules, the D.C. Council must vote twice to approve all legislation, which must be signed by the D.C. mayor and undergo a 30-day review by Congress before it takes effect as a D.C. law.

Given its unanimous “first reading” vote of approval on Feb. 3, Parker told the Washington Blade he was certain the Council would approve the bill on its second and final vote expected in about two weeks.

Among those who raised concerns about the earlier version of the bill was Carl Schmid, executive director of the D.C.-based HIV+Hepatitis Policy Institute, who sent messages to all 13 Council members urging them to remove the language added by the Committee on Health requiring insurers to cover just one PrEP drug.

The change made by the committee, Schmidt told Council members, “would actually reduce PrEP options for D.C. residents that are required by current federal law, limit patient choice, and place D.C. behind states that have enacted HIV prevention policies designed to remain in effect regardless of any federal changes.”

Schmid told the Washington Blade that although coverage requirements for insurers are currently provided through coverage standards recommended in the U.S. Affordable Care Act, known as Obamacare, AIDS advocacy organizations have called on D.C. and states to pass their own legislation requiring insurance coverage of PrEP in the event that the federal policies are weakened or removed by the Trump administration, which has already reduced or ended federal funding for HIV/AIDS-related programs.

“The sticking point was the language in the markup that insurers only had to cover one regimen of PrEP,” Parker told the Blade in a phone interview the night before the Council vote. “And advocates thought that moved the needle back in terms of coverage access, and I agree with them,” he said.

In anticipation that the Council would vote to approve the amendment and the underlying bill, Parker, the Council’s only gay member, added, “I think this is a win for our community. And this is a win in the fight against HIV/AIDS.”

During the Feb. 3 Council session, Henderson called on her fellow Council members to approve both the amendment she and Parker had introduced and the bill itself. But she did not say why her committee approved the changes that advocates say weakened the bill and that her and Parker’s amendment would undo. Schmid speculated that pressure from insurance companies may have played a role in the committee change requiring coverage of only one PrEP drug. 

“My goal for advancing the ‘PrEP DC Amendment Act’ is to ensure that the District is building on the progress made in reducing new HIV infections every year,” Henderson said in a statement released after the Council vote. “On Friday, my office received concerns from advocates and community leaders about language regarding PrEP coverage,” she said.

“My team and I worked with Council member Parker, community leaders, including the HIV+Hepatitis Policy Institute and Whitman-Walker, and the Department of Insurance, Securities, and Banking, to craft a solution that clarifies our intent and provides greater access to these life-saving drugs for District residents by reducing consumer costs for any PrEP drug approved by the U.S. Food and Drug Administration,” her statement concludes.

In his own statement following the Council vote, Schmid thanked Henderson and Parker for initiating the amendment to improve the bill. “This will provide PrEP users with the opportunity to choose the best drug that meets their needs,” he said. “We look forward to the bill’s final reading and implementation.”

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Italy

44 openly LGBTQ athletes to compete in Milan Cortina Winter Olympics

Games to begin on Friday

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(Public domain photo)

More than 40 openly LGBTQ athletes are expected to compete in the Milan Cortina Winter Olympics that open on Friday.

Outsports.com notes eight Americans — including speedskater Conor McDermott-Mostowy and figure skater Amber Glenn — are among the 44 openly LGBTQ athletes who will compete in the games. The LGBTQ sports website also reports Ellis Lundholm, a mogul skier from Sweden, is the first openly transgender athlete to compete in any Winter Olympics.

“I’ve always been physically capable. That was never a question,” Glenn told Outsports.com. “It was always a mental and competence problem. It was internal battles for so long: when to lean into my strengths and when to work on my weaknesses, when to finally let myself portray the way I am off the ice on the ice. That really started when I came out publicly.”

McDermott-Mostowy is among the six athletes who have benefitted from the Out Athlete Fund, a group that has paid for their Olympics-related training and travel. The other beneficiaries are freestyle skier Gus Kenworthy, speed skater Brittany Bowe, snowboarder Maddy Schaffrick, alpine skier Breezy Johnson, and Paralympic Nordic skier Jake Adicoff.

Out Athlete Fund and Pride House Los Angeles – West Hollywood on Friday will host a free watch party for the opening ceremony.

“When athletes feel seen and accepted, they’re free to focus on their performance, not on hiding who they are,” Haley Caruso, vice president of the Out Athlete Fund’s board of directors, told the Los Angeles Blade.

Four Italian LGBTQ advocacy groups — Arcigay, CIG Arcigay Milano, Milano Pride, and Pride Sport Milano — have organized the games’ Pride House that will be located at the MEET Digital Culture Center in Milan.

Pride House on its website notes it will “host a diverse calendar of events and activities curated by associations, activists, and cultural organizations that share the values of Pride” during the games. These include an opening ceremony party at which Checcoro, Milan’s first LGBTQ chorus, will perform.

ILGA World, which is partnering with Pride House, is the co-sponsor of a Feb. 21 event that will focus on LGBTQ-inclusion in sports. Valentina Petrillo, a trans Paralympian, is among those will participate in a discussion that Simone Alliva, a journalist who writes for the Italian newspaper Domani, will moderate.

“The event explores inclusivity in sport — including amateur levels — with a focus on transgender people, highlighting the role of civil society, lived experiences, and the voices of athletes,” says Milano Pride on its website.

The games will take place against the backdrop of the U.S. Olympic and Paralympic Committee’s decision to ban trans women from competing in women’s sporting events.

President Donald Trump last February issued an executive order that bans trans women and girls from female sports teams in the U.S. A group of Republican lawmakers in response to the directive demanded the International Olympics Committee ban trans athletes from women’s athletic competitions.

The IOC in 2021 adopted its “Framework on Fairness, Inclusion and Nondiscrimination on the Basis of Gender Identity and Sex Variations” that includes the following provisions:

• 3.1 Eligibility criteria should be established and implemented fairly and in a manner that does not systematically exclude athletes from competition based upon their gender identity, physical appearance and/or sex variations.

• 3.2 Provided they meet eligibility criteria that are consistent with principle 4 (“Fairness”, athletes should be allowed to compete in the category that best aligns with their self-determined gender identity.

• 3.3 Criteria to determine disproportionate competitive advantage may, at times, require testing of an athlete’s performance and physical capacity. However, no athlete should be subject to targeted testing because of, or aimed at determining, their sex, gender identity and/or sex variations.

The 2034 Winter Olympics are scheduled to take place in Salt Lake City. The 2028 Summer Olympics will occur in Los Angeles.

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Maryland

4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy

Substitute teacher Kimberly Polk challenged regulation in 2024

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(Photo by Sergei Gnatuk via Bigstock)

A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.

The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.

The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”

“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”

The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”

U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.

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