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ENDA passage effort renewed with Senate introduction

Merkley backs exec order barring LGBT job bias

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Sens. Jeff Merkley (left) and Mark Kirk introduced ENDA in the Senate on Thursday (Blade photo by MIchael Key)

The junior senator from Oregon introduced the Employment Non-Discrimination Act in the U.S. Senate on Thursday as he voiced support for an executive order that would bar the federal government from contracting with companies that don’t have their own workplace protections for LGBT people.

Sen. Jeff Merkley (D-Ore.) endorsed the idea of an executive order an as interim alternative to passing ENDA during a news conference on Capitol Hill in response to a question from the Washington Blade after he announced the Senate introduction of the legislation

“Certainly, I share the perspective that it would be tremendous to accomplish this by legislation,” Merkley said. “But I also feel that this is a conversation that is going to reverberate at a number of levels. You have counties, you have state action and certainly, I feel, it’s a legitimate possibility, and I would support the president saying that contractors who are beneficiaries of federal funds should in fact practice non-discrimination, so I would support that.”

The executive order endorsed by Merkley has been seen as an interim alternative to ENDA passage while Republicans are in control of the House and progress on the measure in the lower chamber of Congress is unlikely. The White House hasn’t said one way or the other whether Obama would be open to issuing such a directive. Last month, Gay Rep. Jared Polis (D-Colo.) also expressed support for the executive order.

However, Sen. Mark Kirk (R-Ill.), an original co-sponsor of ENDA who was present at the conference, didn’t offer the same support for an executive order that was voiced by Merkley.

“I would just say when you have executive action without the statute, then quickly that would be wiped out by the next administration,” Kirk said. “The best way to go is a statute where you have a stable decision that can only be overturned by a subsequent act of Congress.”

Kirk also advised against an executive order because of what he said was a “tremendous of uncertainty right now” in the U.S. economy, which is still climbing its way out of recession.

“If we load executive order upon executive order, all which would be wiped out the day after the president of the other party takes power, you really haven’t advanced the ball much,” Kirk said. “That’s why the legislation is absolutely necessary.”

Merkley endorsed the executive order on the same day he introduced ENDA to the Senate, which as of the end of Thursday had 38 co-sponsors. The legislation would bar job discrimination against LGBT people in most situations in the public and private workforce.

Job discrimination on the basis of sexual orientation is legal in 29 states and legal in 38 states on the basis of gender identity. More than 85 percent of Fortune 500 companies already have their own workplace protections based on sexual orientation and more than one-third on the basis of gender identity.

Merkley said passage of ENDA is necessary because the “right to work and earn a living” for all Americans — including LGBT people — is a “fundamental right.”

“It is essential to the success of an individual, it is essential to the success of a family,” Merkley said. “It’s certainly essential to the pursuit of happiness — that value that we place right up front in our Declaration of Independence — and it’s part and parcel of equality under the law.”

Kirk said his support for ENDA, which puts him in the minority among Republicans, fits his model of public service in the image of the late U.S. Senator from Illinois Everett Dirksen, whom Kirk described as a “strong national security conservative, fiscal conservative and social moderate.”

“It was Sen. Dirksen that clinched the deal on the [1964] Civil Rights Act,” Kirk said. “I see this legislation as in that tradition to make sure that our country is a country not of equal outcomes, which would be a Communist state, but of equal opportunities, and to make sure that everyone has that opportunity regardless of orientation.”

A number of LGBT advocacy groups issued a statements on Thursday praising Merkley for introducing ENDA and calling on Congress to take action to pass the legislation.

Joe Solmonese, president of the Human Rights Campaign, said ENDA passage is essential to ensure LGBT Americans have equal access to the American workplace.

“In today’s economy job security is important to all Americans, especially LGBT people who can be fired for no other reason than their sexual orientation or gender identity,” Solmonese said. “Passing ENDA is essential to ensuring that all Americans have an equal opportunity to work and contribute to this country’s economy.”

Jeff Krehely, director of the LGBT Research at the Center for American Progress Action Fund, pointed to a 2009 Out & Equal Workplace Survey that found that 44 percent of gay, lesbian, and bisexual people have said they’ve faced workplace discrimination and at least 47 percent of transgender people have made the same claim.

“ENDA will help end this discrimination by requiring workplaces to make their hiring and firing decisions based on a person’s ability to get the job done, and not irrelevant factors such as their sexual orientation or gender identity,” Krehely said.

Shin Inouye, a White House spokesperson, also reiterated President Obama’s support for passage of ENDA and noted the administration’s previous efforts in pushing for the legislation.

“The president’s support for an inclusive ENDA is well established,” Inouye said. “It’s worth noting that last Congress, when [Equal Employment Opportunity Commission] Acting Chairman Stuart Ishimaru testified on behalf of the Obama administration on ENDA before the House Education & Labor Committee, it was the first time that any administration offered its support for this legislation.”

Despite the enthusiasm behind ENDA, most Capitol Hill observers says the legislation’s prospects for passage during the 112th Congress are slim at best. Last week, Rep. Barney Frank, a gay lawmaker, introduced the House version of ENDA as he categorically said the legislation wouldn’t pass with Republicans in control of the House.

A Senate Democratic aide, who spoke on condition of anonymity, was pessimistic about the chances of passing ENDA even in the Democratic-controlled Senate.

“The prospects for passing ENDA in the Senate during the 112th Congress are not great, unless there is a major push from President Obama,” the aide said. “The Senate is narrowly controlled by Democrats, who generally will support ENDA. But unless there are enough common-sense Republicans who can help bring the total to 60 votes to overcome a Republican filibuster, ENDA won’t pass the Senate.”

Despite the challenges facing ENDA passage, the notable Republican support the legislation upon introduction could be a sign of hope. Three GOP senators — Kirk, Sen. Susan Collins (R-Maine) and Olympia Snowe (R-Maine) signed on — have signed on as original co-sponsors.

Kirk said he’s hopeful that he can find enough Republican support for the legislation to reach the 60-vote threshold necessary to end a filibuster if the legislation came to the Senate floor.

“I asked Sen. Merkley, ‘Let’s start this out very balanced with members that have reputations to be able to move legislation, and I think we’ve done that today,'” Kirk said.

R. Clarke Cooper, executive director of Log Cabin Republicans, said he talked with Kirk following ENDA’s introduction about finding sufficient Republican support to move forward with ENDA and was told “the votes are there” for passage.

“Our conversation was Senate focused, but could apply to the House as well,” Cooper said.

One possible strategy for passing ENDA in the Senate would be attaching it as an amendment to another legislative vehicle. Such a move could enhance ENDA’s chances for passage because standalone legislation could be vulnerable to hostile amendments on the Senate floor.

The anonymous Senate Democratic aide said ENDA would be fare better as an amendment on the Senate floor as opposed to standalone legislation because “any stand alone bills are tough to pass in the Senate these days.”

During the news conference, Kirk suggested that plans are in place to pass ENDA in the Senate as an amendment to another vehicle. The Illinois senator said he wants to move the legislation “as I’m now learning, hopefully by amendment.”

Following Kirk’s remark, Merkley said ENDA’s proponents have “no specific plans” to pass the legislation as an amendment to another bill at this time, but are on the lookout for potential opportunities to pass legislation that “may have trouble getting to the floor as a freestanding piece.”

Asked whether there would any candidates for legislation that would serve as vehicles for ENDA, Merkley replied, “If only I could forecast all the bills that are going to be on the floor.”

Whatever the prospects for pushing ENDA through both chambers of Congress, LGBT advocates are hoping for progress at least in the committee that holds jurisdiction over ENDA. Supporters of the legislation are already calling on Senate Health, Education, Labor and Pensions Committee Chair Tom Harkin (D-Iowa), an original co-sponsor of the legislation, to hold a hearing on the legislation during the 112th Congress.

Tico Almeida, a civil rights litigator at Sanford, Wittels & Heisler in D.C., said a Senate hearing on ENDA would allow LGBT victims of workplace discrimination a public venue to tell their stories.

“Sen. Tom Harkin, chairman of the Senate [HELP] Committee, can and should organize an ENDA hearing during the upcoming year,” Almeida said. “He can and should call one or more transgender Americans to testify at that hearing,”

In response to calls for a hearing, Justine Sessions, a Harkin spokesperson, said is committed to working with Merkley and other co-sponsors to move the legislation forward.

Merkley said he’s spoken with Harkin about an ENDA committee hearing or markup and said he’s “working with him and committee staff about that direction.”

The Oregon senator recalled that in 2009, Harkin held the an committee hearing on ENDA in which Assistant Attorney General Thomas Perez, head of the Civil Rights Division of the Justice Department, represented the Obama administration during the hearing.

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Federal Government

Republicans attach five anti-LGBTQ riders to State Department funding bill

Spending package would restrict Pride flags on federal buildings, trans healthcare, LGBTQ envoys

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(Washington Blade photo by Michael Key)

As Congress finalizes its funding for fiscal year 2027, Republicans are attempting to include five anti-LGBTQ riders in the National Security and Department of State Appropriations Act.

A rider is an unrelated provision tacked onto a bill that must pass — in this instance, the bill provides funding for national security policy and for the State Department.

The riders range from restricting Pride flags in federal buildings to banning transgender healthcare, but all aim to limit the visibility and rights of LGBTQ Americans.

The five riders are:

Section 7067(a) prohibits Pride flags from being flown over federal buildings.

Section 7067(c) restricts the United States’ ability to appoint special envoys, representatives, or coordinators unless expressly authorized by Congress. These roles have historically been used to promote U.S. interests in international forums — including advancing human and LGBTQ and intersex rights and other policy priorities. The change would halt what the Congressional Equality Caucus describes as providing “critical expertise to U.S. foreign policy and leadership abroad.”

Section 7067(d) reinforces multiple anti-equality executive orders signed by President Donald Trump, effectively requiring that foreign assistance funded by the United States comply with those orders. This includes rescinding federal contractor nondiscrimination protections, including for LGBTQ people.

Section 7067(e) prohibits funding for any organization that provides or promotes medically necessary healthcare for trans people or “promotes transgenderism” — effectively banning funds for organizations that recognize trans people exist. This is despite the practice of gender-affirming care being supported by nearly every major medical association.

Section 7067(g) reinforces two global gag rules put forward by the Trump-Vance administration. One is the Trans Global Gag Rule, which prohibits foreign assistance funding for organizations that acknowledge the existence of trans people or advocate for nondiscrimination protections for them, among other activities. The second is the DEI Global Gag Rule, which prohibits foreign assistance funding for organizations that engage in efforts to address the ongoing effects of racism, sexism, and other forms of bigotry outside the United States.

The global gag rule has its roots in anti-abortion policy introduced by President Ronald Reagan in 1984, when the 40th president barred foreign organizations receiving U.S. global health assistance from providing information, referrals, or services for legal abortion, or from advocating for access to abortion services in their own countries. Planned Parenthood notes that the policy also affects programs beyond abortion, including efforts to expand access to contraception, prevent and treat HIV/AIDS, combat malaria, and improve maternal and child health.

If organizations funded by the State Department engage in these activities, they could lose funding.

This anti-LGBTQ push aligns with broader actions from the Trump-Vance administration since the start of Trump’s second term, which have focused on restricting human rights — particularly those of trans Americans.

The House Appropriations Committee is responsible for drafting the appropriations legislation. U.S. Rep. Tom Cole (R-Okla.) serves as chair, with U.S. Rep. Rosa DeLauro (D-Conn.) as ranking member. The committee includes 34 Republicans and 27 Democrats.

For FY27 appropriations, Congress is supposed to pass and have the president sign the funding bills by Sept. 30, 2026.

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The university that refuses to let go

Joanna Cifredo is a trans woman participating in University of Puerto Rico strike

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Joanna Cifredo outside the University of Puerto Rico campus in Mayagüez, Puerto Rico. (Washington Blade photo by Ignacio Estrada Cepero)

Over the past days, I have been walking with a question that refuses to leave me. Not the kind of question you answer from a desk or from a distance, but one that grows out of what you witness in real time, at the gates, in the faces of those who remain there without knowing how any of this will end. What is truly happening inside the University of Puerto Rico, and why have so many students decided to risk everything at a moment when they can least afford to lose anything.

I write as someone who lives just steps away from the Río Piedras campus. These days, the silence has replaced the constant movement that once defined this space. The absence is felt in every corner where students used to pass at all hours. Since arriving in Puerto Rico three years ago, I have come to know firsthand stories that rarely make it into reports or official statements. One of the reasons I chose to stay was precisely this, to serve the university community, to help create a space where students could find something as basic as a safe meal at night and, in some way, ease burdens that are often carried in silence.

I have listened, asked questions, and tried to understand without imposing answers. What I have found is not a collective outburst or a generational whim. What exists is a fracture, a deep break between those making decisions and those living with their consequences every single day.

There has been an effort to reduce this strike to an issue of order, scheduling, or academic disruption. Conversations revolve around missed classes, delayed semesters, and students supposedly unaware of the consequences of their actions. What is rarely addressed are the conditions that lead an entire student body to pause its own future to sustain a protest that offers no guarantees.

Because that is the reality. These are students who fully understand what they are risking, and yet they remain. When someone reaches that point, the least they deserve is not judgment, but to be heard.

From the outside, there have also been attempts to discredit what is happening. Familiar narratives are repeated, legitimacy is questioned, and doubt is cast over intentions. It is easier to do that than to acknowledge that this did not begin at the gates, but long before, in decisions made without building trust.

And something must be said clearly. This is not limited to the gates of Río Piedras. What we are witnessing extends across every unit of the University of Puerto Rico system. Mayagüez, Ponce, Arecibo, Bayamón, Cayey, Humacao, Carolina, Aguadilla, Utuado, and the Medical Sciences Campus. This is not an isolated reaction. It is a movement that runs through the entire institution. Río Piedras may be more visible, but it is not alone. What is happening there reflects a broader unrest felt across the system.

Within that context, one demand has grown increasingly present, the call for the resignation of University of Puerto Rico President Zayira Jordán Conde. This is not the voice of a small group. It reflects a deeper level of mistrust that has spread across multiple campuses.

The Puerto Rican Association of University Professors has also made it clear that this is not solely a student issue. There is real concern among faculty, and a shared recognition of the conditions currently shaping the university. When students and professors arrive at the same conclusion, the problem can no longer be minimized.

Meanwhile, the administration continues to speak in the language of dialogue. But dialogue is not a word, it is a practice. And when trust has been broken, it cannot be restored through statements alone, but through decisions that prove a willingness to truly listen.

In the midst of all of this, there are voices that cannot be ignored. Voices grounded not in theory, but in lived experience. One of them is Joanna Cifredo, a student at the Mayagüez campus, a young Puerto Rican trans woman, and someone widely recognized for her advocacy.

I spoke with her in recent days. What follows is her voice, exactly as it is.

How would you describe what is happening inside the University of Puerto Rico right now, beyond what people see from the outside?

Estamos viviendo momentos muy difíciles, en el sentido de que hay mucha incertidumbre y una presión constante por parte de la administración para reabrir el recinto, pero, entre todo el caos e inestabilidad provocado por las decisiones de esta administración, también hemos vivido momentos muy poderosos. Esta lucha ha sacado lo mejor de nuestra comunidad.

Lo vimos en las asambleas y plenos, donde 1,500, 1,700, hasta 1,800 estudiantes llegaron —bajo lluvia, bajo advertencias de inundaciones— y aun así se quedaron, participaron y votaron a favor de una manifestación indefinida hasta que se atiendan nuestros reclamos.

He conocido a tantas personas en los diferentes portones, estudiantes graduados, aletas, estudiantes de intercambio, estudiantes de todo tipo de concentraciones y se unieron para apoyar el movimiento estudiantil. Estudiantes que vienen a los portones después del trabajo o antes de trabajar. Estudiantes que vienen a dejar agua y suministros entre turnos de trabajo. Viejitos que vienen a los portones con desayuno, almuerzo o cena.

Más allá de lo que se ve desde afuera, lo que estamos viviendo es una mezcla de tensión y resistencia, pero también de comunidad, solidaridad y compromiso colectivo.

Much of what is discussed remains at the level of headlines or social media. From your direct experience, what specific decisions or actions from the administration have led to this level of mobilization?

Desde el inicio, la designación de la Dra. Zayira Jordán Conde careció de respaldo dentro de la comunidad universitaria. No contaba con experiencia administrativa en la UPR ni con un conocimiento básico de nuestros procesos, cultura y reglamentos. Por eso, en asamblea, el estudiantado votó para solicitarle a la Junta de Gobierno que no considerara su candidatura, y múltiples organizaciones docentes hicieron lo mismo. Existía un consenso amplio de que no tenía la experiencia necesaria para liderar una institución como la nuestra.

A pesar de ese rechazo claro, la Junta de Gobierno decidió ignorar los reclamos de la comunidad universitaria e imponer su nombramiento.

Una vez en el cargo, su estilo de gobernanza ha sido poco transparente y poco colaborativo. Sin embargo, el detonante principal de la movilización en el Recinto Universitario de Mayagüez fue su decisión de destituir, de manera unilateral y en medio del semestre, a cinco rectores, incluyendo al nuestro, el Dr. Agustín Rullán Toro, para reemplazarlo por un rector interino, el Dr. Miguel Muñoz Muñoz.

Esta acción, tomada de forma abrupta, provocó de inmediato un clima de caos e inestabilidad dentro de la institución. Y deja una pregunta inevitable: ¿no anticipó el impacto de esa decisión, lo que evidenciaría una falta de experiencia? ¿O lo anticipó y aun así decidió proceder? No está claro cuál de las dos es más preocupante.

Además, esta decisión tuvo consecuencias concretas para el estudiantado, incluyendo el retiro de becas educativas para nuevos integrantes del RUM por parte de la Fundación Ceiba, que calificó la movida como “sorprendente” y “preocupante”. Decisiones impulsivas como la que tomó la presidenta ponen en peligro la estabilidad de nuestra institución y la acreditación de la universidad.

As a trans woman within this movement, how does your identity intersect with what is happening, and why does this also shape the future of people like you?

Soy una de varias chicas trans que formamos parte activa de este movimiento estudiantil.

For those outside the UPR who believe this does not affect them, what are the real consequences of this crisis?

La Universidad de Puerto Rico se fundó para servir al pueblo.

It is impossible to overstate the role the University of Puerto Rico and its students have played in shaping the social, cultural, and economic life of this country. Its impact extends into science, medicine, and every profession that has sustained Puerto Rico over time. No other educational institution has contributed more.

After listening to her, one thing becomes undeniable. This is not just another protest, but a generation refusing to let go of what little remains within its reach. And when a generation reaches that point, the issue is no longer the strike, the issue becomes the country itself.

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Advocacy groups issue US travel advisory ahead of World Cup

Renee Good’s death in Minneapolis among incidents cited

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(Photo by fifg/Bigstock)

More than 100 organizations have issued a travel advisory for the U.S. ahead of the 2026 World Cup.

The World Cup will take place in the U.S., Canada, and Mexico from June 11-July 19.

“In light of the deteriorating human rights situation in the United States and in the absence of meaningful action and concrete guarantees from FIFA, host cities, or the U.S. government, the undersigned organizations are issuing this travel advisory for fans, players, journalists, and other visitors traveling to and within the United States for the June 2026 FIFA Men’s World Cup. World Cup games will be played in 11 different cities across the United States, which, like many localities, have already been the target of the Trump administration’s violent and abusive immigration crackdown,” reads the advisory that the Council for Global Equality and other groups that include the American Civil Liberties Union issued on April 23.  “The impacts of these policies vary by locality.”

“While the Trump administration’s rising authoritarianism and increasing violence pose serious risks to all, those from immigrant communities, racial and ethnic minority groups, and LGBTQ+ individuals have been and continue to be disproportionately targeted and affected by the administration’s policies and, as such, are most vulnerable to serious harm when traveling to and/or within the United States,” it adds. “This travel advisory calls on fans, players, journalists, and other visitors to exercise caution.”

The advisory specifically mentions Renee Good.

A U.S. Immigration and Customs Enforcement agent on Jan. 7 shot and killed her in Minneapolis. Good, 37, left behind her wife and three children.

The full advisory can be read here.

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