News
Despite shutdown, activists continue to engage on ENDA
Advocates say they’re meeting with lawmakers on LGBT bill during budget crisis

Advocates say work on ENDA continues despite the government shutdown. (Washington Blade file photo by Michael Key)
Despite the ongoing stalemate in Congress in the second week of a government shutdown, advocates say they’re undaunted in their efforts to pass pro-LGBT legislation.
LGBT rights supporters say they remain engaged on a high-priority bill, the Employment Non-Discrimination Act, and assert plans for a vote in the Senate this fall remain unchanged.
Christian Berle, legislative director for Freedom to Work, said he doesn’t expect the shutdown to have any impact on the timing of an ENDA vote.
“We’ve always believed the most likely window for a Senate vote on ENDA was between the last week of October and Thanksgiving, and we think we’re still on track for that timing,” Berle said.
Even as Congress focuses on finding an agreement to restore funds to keep the government in operation and raise the nation’s debt limit, advocates say they met last week with lawmakers to build support for ENDA.
Rea Carey, executive director of the National Gay & Lesbian Task Force, said the shutdown “will not shut us up” on issues like ENDA as well as immigration reform.
“It’s always the right time for rights and protections: that’s why we were on the Hill last week pushing for ENDA with the members and their staff who remain at their desks during the shutdown,” Carey said. “Just because some members of Congress don’t want to do their jobs, doesn’t mean that we should stop doing ours.”
Similarly, Berle said last week Freedom to Work “had a very productive discussion” with an undeclared Republican senator who was eager to learn about the bill.
“While senators are focused, on both sides of the aisle, on resolving the government shutdown, they can walk and chew gum at the same time,” Berle said. “We have been actively engaging with our allies on the Hill, while continuing to lobby the swing votes.”
Berle declined to name the undeclared senator with whom he spoke, but said the lawmaker is “actively considering” support for the bill.
Although LGBT advocates are saying the trajectory for ENDA is unchanged, lawmakers close to ENDA are silent during the government shutdown.
Emails to the offices of Senate Majority Leader Harry Reid (D-Nev.); Sen. Jeff Merkley (D-Ore), ENDA’s chief sponsor; and Senate Health, Education, Labor & Pensions Committee Chair Tom Harkin (D-Iowa) were returned with automatic replies that the offices were closed.
A Senate senior Democratic aide, who spoke on condition of anonymity, said he hasn’t heard about ENDA discussions and “everything’s on hold” besides budget and debt negotiations. Still, he didn’t dispute that advocates are engaged on the legislation.
“That’s probably credible, but they also have to put on airs, or put up a face like they’re still doing the work on it,” the aide said. “But, honestly, we’re not going to get to anything until the week of Halloween. We won’t get to anything other than debt ceiling and government funding until Halloween week, so everything is on hold until we address those two things.”
Americans for Workplace Opportunity, the $2 million campaign whose steering committee consists of 11 groups seeking to pass ENDA, didn’t respond to multiple requests for comment on the status of its ENDA lobbying during the government shutdown. The campaign was scheduled to have a citizens lobby day on Capitol Hill to push for ENDA passage on Oct. 3.
As gridlock continues, it’s reasonable to question whether legislation that would prohibit discrimination against LGBT workers could reach the president’s desk during the current Congress.
Berle insisted the situation is different for ENDA when asked if the current impasse reflects poorly on the chances for passage of the LGBT bill.
“ENDA is not a partisan issue, unlike the budget and government funding, senators on both sides of the aisle are in ongoing discussion about the need for employment protections,” Berle said. “We are confident that ENDA will have the 60 votes necessary for cloture. We’re ready to pass these fundamental workplace protections.”
Berle added that there is time to push for ENDA in the House, where passage will be more difficult.
“Fortunately there are still 15 months in the current Congress to pass ENDA,” Berle said. “Freedom to Work is actively engaging not only with Senate offices, but are picking up Republican supporters in the House to help press the case for consideration and building a majority in the House of Representatives to make federal workplace protections for LGBT workers a reality.”
A shutdown for marriage equality lawsuits?
The shutdown could also have an impact on another route LGBT advocates are using to pursue LGBT rights: the federal judiciary. The website for the U.S. courts, as reported by ThinkProgress, at the time of the shutdown said the court would remain open for about 10 business days, but on or around Oct. 15, the judiciary will reassess the situation.
Jon Davidson, legal director for Lambda Legal, said it’s unclear at this time whether the shutdown will lead to a nationwide closure or impact the 35 marriage equality cases he counts pending before the judiciary.
“Federal courts will be operating at least until mid-October and thereafter, it will vary by courthouse, as each federal district and circuit makes its own independent budget decisions,” Davidson said. “Furloughs of nonessential federal judicial staff is likely to lead to postponements of pending hearings in many parts of the country, but I have not heard of any of the immediately upcoming hearings in marriage cases being delayed.”
The case for which a closure of the federal judiciary could have the most immediate impact is DeBoer v. Snyder, the federal lawsuit seeking marriage equality in Michigan. Oral arguments are set for Oct. 16, just about the time the federal judiciary will make a reassessment.
Rod Hansen, a spokesperson for the U.S. District Court for the Eastern District of Michigan, said he doesn’t expect oral arguments in the case will be affected by the shutdown.
“There is no way of being sure, but I doubt very much that it will be postponed,” Hansen said.
But Davidson said the shutdown is already having an effect on other parts of the federal court system that are important to LGBT people.
“Immigration courts have postponed hearings in matters not involving someone in detention, meaning delays for many individuals seeking asylum or binational married couples seeking green cards for the foreign spouse,” Davidson said. “Discrimination proceedings before the EEOC are being postponed, which is having a negative impact on several cases we are currently handling on behalf of LGBT and HIV-positive workers.”
House-passed NIH bill would fund AIDS research
As Congress hashes out the way forward, the House continues to pass bills to fund the government through a piecemeal approach without approving legislation that would restore operations to the government as a whole.
Among these bills is a measure to continue funds for the National Institutes for Health. As the Blade reported last week, the lack of funds for this agency has implications for HIV/AIDS because the shutdown put a freeze on new medical research related to the disease.
The White House has threatened to veto the legislation, saying a piecemeal approach to fund the government isn’t appropriate, and Reid indicated a lack of interest in bringing up the bill in the Senate, saying, “What right do they have to pick and choose what parts of government can be funded?”
Laura Durso, director of LGBT research at the Center for American Progress, rejected the idea of funding the government through a piecemeal approach and said her organization doesn’t support the bill.
“While this piecemeal approach to funding the government is not a sensible strategy, restoring funding to the National Institutes of Health will mean that coordination and execution of life-saving research will continue under agencies such as the Office of AIDS Research and the National Institute of Allergy & Infectious Diseases,” Durso said.
Chris Collins, director of policy for amfAR, said the government shutdown magnifies a larger problem of inadequate government funds for AIDS research and is keeping American scientists away from an international HIV vaccine conference taking place this week in Barcelona, Spain.
“The government shutdown is frustrating AIDS research in multiple ways,” Collins said. “It has already kept scores of U.S. government scientists away from an HIV vaccine conference this week. This, on top of a continued loss of purchasing power of NIH funding over the years, will slow down new discoveries in the fight against AIDS and other diseases.”
Meanwhile, LGBT people are among the estimated hundreds of thousands of federal workers who remain on furlough during the shutdown.
Just like during the shutdown 17 years ago, these workers seem headed to receiving compensation for the time they’ve been unable to work. On Saturday, the House passed a measure to restore their pay, but only after the funding for the government as a whole is restored.
President Obama endorsed the idea of providing these workers with pay for the time they were furloughed, saying, “That’s how we’ve always done it.”
On Monday, Defense Secretary Chuck Hagel recalled most civilian Pentagon furloughed employees back to work on the basis of Obama signing the Pay Our Military Act to continue funding for the armed services.
Capt. Valerie Palacios, spokesperson for the LGBT employee affinity group at the Pentagon known as DOD Pride, said her fellow LGBT employees look forward to getting back to their jobs.
“DOD civilians, LGBT or otherwise, are proud to go back to work to support the military, but we, along with military personnel and the defense industrial base, remain severely hampered in our ability to do work critical to National Security by the lack of funding to support key programs,” Palacios said. “We all look forward to the day when we can get back to this critical work. Our nation’s safety depends on it.”
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, landed an exciting internship, or are graduating and beginning your career with a new job, let us know so we can share your success.
Congratulations to Jaime Christopher Pierce on their appointment to serve as a member of the Virginia Governor’s LGBTQ+ Advisory Board. Pierce was sworn in on Sept. 3 by Greg Parks, clerk of the Alexandria Circuit Court.
Pierce currently serves as vice chair of the Alexandria City LGBTQIA+ Task Force and as a member of the Alexandria Pride planning committee. They previously served on the board of directors of Equality Virginia.
Upon being sworn in, Pierce said, “Public service has been a central part of my life for more than 30 years, and this appointment gives me an opportunity to serve the Commonwealth in a different and very personal way. My career has allowed me to work with people and communities throughout Virginia, and I hope to bring that experience, along with my own lived experience and my involvement in the LGBTQ+ community, to the work of the Board.” They added, “Having Greg administer the oath makes the occasion even more meaningful because of his own historic role as Virginia’s first openly gay elected circuit court clerk.”
Pierce also serves as Circuit Court Services Manager for the Department of Judicial Services, at the Office of the Executive Secretary of the Supreme Court of Virginia. They began their career in Virginia’s judiciary in 1994 as a deputy clerk with the Virginia Beach Circuit Court and have since held several professional and leadership positions within the court system. Pierce is a member of the National Association for Court Management (NACM) and the Mid-Atlantic Association for Court Management. At the national level, Pierce participated in the workgroup that developed the National Association for Court Management’s Diversity, Equity, and Inclusion Guide, a resource designed to help court professionals advance inclusive practices and strengthen access, fairness and belonging within the justice system.
Pierce earned a degree in Criminal Justice from Liberty University, and a certificate in Paralegal Studies from Norfolk State University.
National
Multi-billion-dollar 9/11 Victim Compensation Fund to continue until 2090
Eligibility for same-sex partner survivors remains unclear
As part of its commemoration of the 25th anniversary of the 9/11 terrorist attacks, the September 11th Victim Compensation Fund, a federally operated program, released information during the past week showing it has awarded more than $18 billion to over 77,000 9/11 victims and their families since 2011.
Officials with what’s now referred to as the VCF point out that it was created to provide compensation to individuals or to a court-approved personal representative of a deceased individual who were present at one of the three sites where the hijacked jetliners crashed.
Among those supported under the program are thousands of rescue workers, clean-up crews, and residents living near the World Trade Center Twin Towers destruction site who became ill, many of whom later died, by being exposed to the toxic fumes created by the fire and falling debris.
“Twenty-five years since that day, the September 11th Victim Compensation Fund has served tens of thousands of victims and their families, and we continue to receive over 750 new claims each month — a clear indication of the ongoing importance of our mission,” said Allison Turkel, VCF’s leader, who holds the title of Special Master.
In a Sept. 2 briefing for the news media in advance of the 9/11 anniversary commemoration, Turkel pointed out that the VCF operation was upgraded and expanded by separate laws passed by Congress in 2011 and 2019, with the 2019 law signed by President Trump providing full funding to “pay all eligible claims and extended the filing deadline to Oct. 1, 2090.”
LGBTQ advocacy organizations in New York and nationwide have reported that during the time shortly after the 9/11 attacks same-sex surviving partners of 9/11 victims learned they were ineligible for compensation benefits because their same-sex relationships were not legally recognized.
Nicole Nava, a VCF spokesperson, told the Washington Blade she would inquire into whether same-sex couple surviving partners were being supported under the VCF program in more recent years.
She said under long established VCF procedures, all applicants for benefit claims regarding a deceased person, whether same-sex or opposite sex, must be appointed as a Personal Representative of the deceased person by a state court. For D.C. residents, the probate division of the D.C. Superior Court appoints a Personal Representative.
“Claims for deceased victims (regardless of the cause of death) may be submitted only by the Personal Representative,” a statement on the VCF website says. “Each state has laws that define the process for appointment of the Personal Representative and the specific authority granted to that Personal Representative,” it says.
The Washington Blade couldn’t immediately determine the criteria for being approved as a Personal Representative by the D.C. Superior Court and various state courts, including whether a same-sex survivor partner would be eligible for such an appointment.
A spokesperson for the District of Columbia LGBTQ+ Bar Association, which includes many local attorneys who specialize in a wide range of specialized legal issues, couldn’t immediately be reached to find out if one or more of their members might be able to determine the same-sex partner eligibility for Personal Representative status.
In her news media briefing, VCF Special Master Turkel said detailed information about how best to file a claim for 9/11 victim compensation is available on the VCF website.
“Twenty-five years since the events of September 11th , 2001, we know it has become increasingly challenging for claimants to find documents needed to prove their presence at an eligible location, which is one of the key requirements to be eligible for compensation,” she said.
She was referring to the requirement that 9/11 surviving victims seeking a claim for support for injuries or illnesses related to the 9/11 attacks must prove they were present at the World Trade Center site, the Pentagon site, or the Shanksville, Pa. site where the hijacked jetliners crashed. Those requirements are separate from the less clearly defined criteria for same-sex couple victim survivor eligibility.
“Our team is committed to ensuring no claimant feels lost or overwhelmed when submitting a claim,” Turkel said at the briefing. “We have a great helpline with real live people who can answer or refer any questions that come in,” she added. “They engage in over 4,000 calls a month on average. We encourage folks to call 1-855-1555 with any questions.”
The VCF website, which has additional detailed information, can be accessed at www.vcf.gov.
Politics
Ind. prosecutor declines to press charges over false Buttigieg child welfare complaint
Former Biden-Harris Cabinet member declined to comment on decision
An Indiana prosecutor has declined to file criminal charges against a woman who made a false child welfare complaint against Pete Buttigieg.
Buttigieg, the former transportation secretary in the Biden-Harris administration, was accused in June of posing a threat to his children via an anonymous call to police that resulted in him being temporarily separated from his four-year-old twins.
Marshall County Prosecuting Attorney E. Nelson Chipman Jr. opted not to pursue charges against the Alabama woman who filed the false child welfare claim against the Democratic political figure while she was in Marshall County.
According to ABC 57, the television station in South Bend that published a letter from Michigan State Police to Indiana State Police, the 50-year-old woman, identified only as TJ of Alabama, was responsible for the “brief and intrusive investigation” into Buttigieg and his family.
In the letter to Indiana State Police, Michigan State Police described TJ’s documented alcoholism and other chemical dependencies, as well as hallucinations and delusional thinking. The prosecutor also noted that TJ has self-identified as God and claims to hear voices only she can hear.
The letter from Michigan State Police to Indiana State Police states:
“Your investigation reveals that TJ, 50 years old, has a documented history of alcohol abuse and has experienced numerous treatment facilities and programs for alcoholism and other chemical dependency over the years. Further, TJ has a long history of mental illness, manifested by hallucinations and delusional thinking which includes frequently responding to voices only she hears and grandiose ideation including self-identifying as God. She frequently reports she has enjoyed an evening meal with Barack and Michele Obama.
TJ is from Alabama. During her relatively short stay here, TJ was able to generate three separate police encounters that resulted in reports, one of which resulted in TJ’s arrest for domestic battery. I note her BAC in that case was reported at .323. I also note one of the three early reports was based upon TJ’s claim of herself being a victim of sexual abuse at the age of 3 by her mother some 47 years prior. Her explanation for such a delayed report was incoherent.
As you found out, TJ returned to Alabama and took up residence in a treatment facility only to be soon evicted for a rule violation. She currently resides in a half-way house near Alabama, with very limited mental health treatment options available. I note TJ’s abusive and harassing attitude has resulted in restricting only somewhat her access to a telephone, and that she continues to have access to computers at the facility. Obviously she may still have the ability to file additional complaints. No doubt a regrettable situation.
In light of the totality of circumstances, I am unable to conclude that TJ is capable of forming the requisite intent to support a criminal conviction for this offense. Accordingly, this office will not be filing a criminal case in this matter.
Thank you, as always, for a thorough investigation and cogent report.
Stay safe.
Best regards,
E. Nelson Chipman, Jr.
Marshall County Prosecuting Attorney”
When the situation first arose in June, Buttigieg opened up about the experience via his Substack, where he described the situation as one of the worst things that has ever happened to his family — one that resulted in him being separated from his twins, Joseph August “Gus” and Penelope Rose, for their safety.
“The caller said that he had spoken to a woman who claimed to have met me at a conference several years ago in Alabama, where she said I told her that I had committed unspeakable violent crimes, and the caller believed my children were still at risk,” Buttigieg wrote in a post he titled “A Terrible Thing Happened to My Family.” “I am a reasonable man. I try to keep as calm and low-key as possible. But I cannot describe the mix of rage and sadness that I feel at the idea that someone brought our children into this.”
A Buttigieg spokesman declined to comment on the prosecutor’s decision not to pursue charges, but did tell the Washington Post in a statement: “This has been a painful and infuriating situation for the family. They are in touch with Michigan authorities, seeking answers and accountability for what happened.”
In response to the story Buttigieg shared on his Substack, Kelley Robinson, president of the Human Rights Campaign, released the following statement:
“I know how I would feel if someone tried to come between me and my kids. This is truly bottom-of-the-barrel stuff. It takes an awful, hateful person to question someone’s fitness as a parent just because of who they are, who they love, or in Sec. Buttigieg’s case, perhaps even who he speaks out against politically. We’re thinking of Pete, Chasten, and their whole family in this moment — and we aren’t resting until all LGBTQ+ families have the kind of safety and justice every one of us deserves.”
The Washington Blade reached out to Michigan State Police after the story initially broke to ask if any disciplinary action would be imposed on the woman who made the false report, but was told to file a FOIA request to view the full report. After filing a FOIA request, the Blade was denied access to any additional information.
-
Iceland4 days agoIceland implements gender-neutral blood donor rules
-
Commentary4 days agoAnti-science, anti-LGBTQ movements go hand in hand
-
Georgia4 days agoEverton Blair makes history as first openly gay congressman from Ga.
-
2026 Midterm Elections4 days agoChris Pappas wins NH Democratic Senate primary
