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Reid to set up ENDA vote before Thanksgiving

Bill to stop anti-LGBT job bias to come to Senate floor this work period

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Senate Majority Leader Harry Reid (D-Nev.) is set to announce he'll bring ENDA to floor this Thanksgiving (Blade file photo by Michael Key).

Senate Majority Leader Harry Reid (D-Nev.) is set to announce he’ll bring ENDA to floor this Thanksgiving (Blade file photo by Michael Key).

Senate Majority Leader Harry Reid (D-Nev.) announced on the Senate floor Monday that he’ll bring up the Employment Non-Discrimination Act for a vote before Thanksgiving.

In his first remarks following a short recess, Reid said the bill, which would prohibit anti-LGBT bias in the workforce, would be among the items the Senate will take up during the four-week work period.

“We’re going to consider the act known as ENDA,” Reid said, adding that it “failed in the House of Representatives before, but we’re going to take it up here again.”

Adam Jentleson, a Reid spokesperson, said the exact floor timing “remains to be determined based on how votes go this week,” but a vote on the long pursued legislation to prohibit anti-LGBT job bias could come up as early as next week.

Sen. Jeff Merkley (D-Ore.), chief sponsor of ENDA, praised Reid in a statement for the decision to bring ENDA to the floor in the coming weeks.

ā€œI thank Majority Leader Reid for committing to bring ENDA to the floor this work period. Americans understand that itā€™s time to make sure our LGBT friends and family are treated fairly and have the same opportunities,” Merkley said. “Now itā€™s time for our laws to catch up. People should be judged at work on their ability to do the job, period.ā€

The Senate Health, Education, Labor & Pensions Committee reported out ENDA on bipartisan basis in July by a 15-7 vote. Sen. Mark Kirk (R-Ill.), an original co-sponsor of the bill, and Sens. Orrin Hatch (R-Utah) and Lisa Murkowski (R-Alaska) joined all 12 Democratic members of the committee in voting in favor of the legislation.

The legislation is unlikely to proceed to the floor by unanimous consent, so 60 votes will be necessary to end a filibuster. That hurdle is higher than the 54 senators who currently sponsor the bill.

Fred Sainz, vice president of communications for the Human Rights Campaign, expressed gratitude that Reid is poised to bring the bill to floor vote and said 60 votes are within sight.

ā€œWeā€™re gratified that Senator Reid is bringing this important bill to the floor,” Reid said. “Over the course of the past six months, weā€™ve worked hard to ensure that senators know their constituents support this bill. Weā€™re in the homestretch of securing the 60 votes necessary and remain optimistic that the support will be there when we need it.ā€

Tico Almeida, president of Freedom to Work, was more bullish and said 60 votes are already present on the floor to pass ENDA.

“We’re ready for a winning vote,” Almeida said. “After months of Republican outreach led by our Legislative Director Christian Berle and teamed with Log Cabin Republicans, weā€™re confident we have the 60 votes to defeat any attempted filibuster.”

The goal of finding 60 votes to pass ENDA in the Senate is a small hurdle in comparison to finding sufficient support for passing the bill in the House, where Republican control will make passage daunting to say the least.

Mara Keisling, executive director of the National Center for Transgender Equality, expressed gratitude that a Senate vote on ENDA would take place, but suggested that a House vote will have to come at later time when the makeup is different.

“Because of all the work people have done over thĀ­Ā­e years at the grassroots level and on Capitol Hill, we’re optimistic that the Senate vote will go our way,” Keisling said. “The forthcoming Senate vote will change the playing field once we have a friendlier House that can tackle ENDA.”

Advocacy groups have been ramping up their efforts on ENDA in expectations that a Senate vote on the bill would take place sometime this fall. The most prominent among them is Obama’s political arm, Organizing for Action.

Last week, Organizing for Action held a conference call with supporters and Matt McTighe, campaign manager for Americans for Workplace Opportunity, to discuss the legislation. The organization has also sent out to email blasts to supporters asking them to let the senators know that backing ENDA “is about standing up for what’s right.”

Ben Finkenbinder, an OFA spokesperson, said his organization is helping to pass ENDA because it’s about making sure all Americans have equal opportunity in the workplace.

“OFA is working to make sure Americans know what is at stake in the ENDA fight, ensuring all Americans who work hard have a fair shot ā€” which means every American having the same protections in the workplace, no matter who they are or whom they love,” Finkenbinder said.

With the exception of three lawmakers, every Democrat in the Senate is an ENDA co-sponsor. The three holdouts are Sens. Mark Pryor (D-Ark.), Joe Manchin (D-W.V.) and Bill Nelson (D-Fla.). Additional Republicans that Log Cabin has said could support the bill are Sens. Rob Portman (R-Ohio), Kelly Ayotte (R-N.H.), Dean Heller (R-Nev.), Jeff Flake (R-Ariz.) and Pat Toomey (R-Pa.).

According to a Friday report in the Washington Post, Cindy McCain has also engaged in lobbying efforts to encourage her husband Sen. John McCain (R-Ariz.) to back ENDA. She signed a postcard from the Human Rights Campaign urging her husband to support the bill.

The Post reported that HRC organizer John Gomez spotted Cindy McCain at a Staples in Arizona. After talking with her about ENDA, Cindy McCain said she shared her support for the bill, signing the postcard and addressed it to her husband, according to the Post.

Freedom to Work’s Almeida said his organization has been pursuing Latino voters in efforts to encourage senators in Florida, Arizona in Nevada, which have significant Latino populations, to support the legislation.

“Last week we launched phone-banking to thousands of registered Latino voters in Arizona and Nevada asking them to patch-through to Senators McCain, Flake and Heller to urge them to vote ‘yes,'” Almeida said. “Weā€™re using bilingual call centers and the same parameters for Latino voter lists that national Latino organizations used earlier this year to flood the Senate with calls in favor of immigration reform.”

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Brazil

US lists transgender Brazilian congresswoman’s gender as ‘male’ on visa

Erika Hilton has represented SĆ£o Paulo since 2022

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Brazilian Congresswoman Erika Hilton speaks at an LGBTQ Victory Institute-sponsored conference in BrasĆ­lia, Brazil, in 2023. (Photo by Ester

A transgender Brazilian congresswoman says the U.S. issued her a visa that listed her gender as “male.”

Erika Hilton on Wednesday wrote on her Instagram page that she requested a visa that would have allowed her to travel to the U.S. in order to participate in the Brazil Conference at Harvard University and the Massachusetts Institute of Technology.

The conference took place earlier this month.

“I was classified as ‘male’ by the U.S. government when I went to get my visa,” wrote Hilton, who added a visa she received from the U.S. in 2023 listed her gender as “female.”

Hilton is a Black travesti and former sex worker from SĆ£o Paulo who won a seat in the Brazilian Congress in 2022. The Washington Blade spoke with Hilton shortly after her election.

ā€œIt is a big responsibility ā€¦ but I feel very honored,ā€ said Hilton. ā€œI very much like to be able to be a representative for my people, and the more than 250,000 people who voted for me have confidence in me,” she said after she spoke at a rally in support of now Brazilian President Luiz InĆ”cio Lula da Silva in a SĆ£o Paulo square. “This demonstrates that our work has the potential to have a gigantic reach; where we can advance efforts to end death, poverty, misery, genocide that we have.ā€

President Donald Trump in his inaugural speech announced the federal government’s “official policy” is “there are only two genders, male and female.” The Trump-Vance administration has also banned the State Department from issuing passports with “X” gender markers.

Germany and Denmark are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S. These warnings come ahead of WorldPride, which is scheduled to take place in D.C. from May 17-June 8.

Hilton said she is “not surprised” the U.S. issued her a visa with a male gender marker.

“I’m also not surprised by the level of hatred and fixation these people have with trans people,” she said. “After all, the documents I presented are rectified, and I’m registered as a woman, even on my birth certificate.”

Hilton further accused the U.S. of “ignoring official documents from other sovereign nations, even from a diplomatic representative.”

“At the end of the day, I’m a Brazilian citizen, and my rights are guaranteed and my existence is respected by our own constitution, legislation, and jurisprudence,” she said.

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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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Federal Government

White House sues Maine for refusing to comply with trans athlete ban

Lawsuit follows months-long conflict over school sports in state

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U.S. Attorney General Pam Bondi (Washington Blade photo by Michael Key)

The Justice Department is suing the state of Maine for refusing to comply with President Donald Trump’s executive order banning transgender athletes from participating in school sports, U.S. Attorney General Pam Bondi announced on Wednesday.

DOJ’s lawsuit accuses the state of violating Title IX rules barring sex discrimination, arguing that girls and women are disadvantaged in sports and deprived of opportunities like scholarships when they must compete against natal males, an interpretation of the statute that reverses course from how the law was enforced under the Biden-Harris administration.

ā€œWe tried to get Maine to comply” before filing the complaint, Bondi said during a news conference. She added the department is asking the court to ā€œhave the titles return to the young women who rightfully won these sports” and may also retroactively pull federal funding to the state for refusing to comply with the ban in the past.

Earlier this year, the attorney general sent letters to Maine, California, and Minnesota warning the blue states that the department “does not tolerate state officials who ignore federal law.ā€

According to the Maine Principals’ Association, only two trans high school-aged girls are competing statewide this year. Conclusions from research on the athletic performance of trans athletes vis-a-vis their cisgender counterparts have been mixed.

Trump critics and LGBTQ advocates maintain that efforts to enforce the ban can facilitate invasive gender policing to settle questions about an individual athlete’s birth sex, which puts all girls and women at risk. Others believe determinations about eligibility should be made not by the federal government but by school districts, states, and athletics associations.

Bondi’s announcement marked the latest escalation of a months-long feud between Trump and Maine, which began in February when the state’s Democratic governor, Janet Mills, declined to say she would enforce the ban.

Also on Wednesday, U.S. Education Secretary Linda McMahon said the findings from her department’s Title IX investigation into Maine schools ā€” which, likewise, concerned their inclusion of trans student-athletes in competitive sports ā€” was referred to DOJ.

Earlier this month, the Justice Department pulled $1.5 million in grants for Maine’s Department of Corrections because a trans woman was placed in a women’s correctional facility in violation of a different anti-trans executive order, while the U.S. Department of Agriculture paused the disbursement of funds supporting education programs in the state over its failure to comply with Title IX rules.

A federal court last week ordered USDA to unfreeze the money in a ruling that prohibits the agency from ā€œterminating, freezing, or otherwise interfering with the stateā€™s access to federal funds based on alleged Title IX violations without following the process required by federal statute.ā€Ā 

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