Connect with us

News

Despite shutdown, activists continue to engage on ENDA

Advocates say they’re meeting with lawmakers on LGBT bill during budget crisis

Published

on

U.S. Capitol, gay news, Washington Blade
U.S. Capitol, gay news, Washington Blade

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.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Maryland

Anne Arundel schools updates gender identity regulation following Trump administration threats

District facing federal lawsuit, White House threats over guidelines

Published

on

Anne Arundel County Public Schools Supt. Mark Bedell sent a message to families on Aug. 19, 2026. about an update to a school system regulation on gender identity. (Photo by Ulysses Muñoz for the Baltimore Banner)

By JESSICA CALEFATI | Under pressure from the Trump-Vance administration, Anne Arundel County Public Schools Supt. Mark Bedell announced Wednesday the district had updated a regulation intended to protect transgender students’ right to be called by their chosen name.

The revised language makes clear that district rules on gender identity do not block parents’ rights under the Family Educational Rights and Privacy Act as the federal government alleged last month, and that a student’s gender identity will not be treated as confidential medical information.

“No policy, guideline, or practice may limit or otherwise interfere with parental rights under FERPA,” Bedell wrote in a Wednesday letter to the community. “This includes any information maintained in education records that relates to gender identity, transgender status, sexual orientation, preferred name, or preferred pronouns.”

The rest of this article can be read on the Baltimore Banner’s website.

Continue Reading

Netherlands

Thailand’s first openly gay senator attends World Pride in Amsterdam

Blade sat down with Pornchai Witayalerdpan on Aug. 7

Published

on

Thai Sen. Pornchai Witayalerdpan at the World Pride Human Rights Conference in Amsterdam on Aug. 7, 2026. (Washington Blade photo by Michael Key)

Editor’s note: International News Editor Michael K. Lavers and Photo Editor Michael Key were on assignment in the Netherlands from July 28-Aug. 10.

AMSTERDAM — The first openly gay man elected to the Thai Senate says the law that extended marriage rights to same-sex couples in Thailand has positively impacted his country’s global image.

“It totally changed how the world perceived Thailand,” Sen. Pornchai Witayalerdpan told the Washington Blade on Aug. 7 during an interview at the World Pride Human Rights Conference in Amsterdam.

Thailand on Jan. 23, 2025, became the first country in Southeast Asia to allow same-sex couples to legally marry.

The marriage equality bill received final legislative approval in June 2024 when the Senate approved it by a 152-130 vote margin. King Maha Vajiralongkorn signed it a few months later. Then-Prime Minister Prime Minister Paetongtarn Shinawatra is among those who supported the law.

Witayalerdpan was a freelance interpreter before he took office in July 2024.

The independent senator noted Thailand’s marriage equality movement began to gain traction with a lawsuit that the Foundation for Sexual Orientation and Gender Identity Rights and Justice, a Thai advocacy group, filed.

The Constitutional Court in 2021 upheld a law that defined marriage as between a man and a woman. MP Tunyawaj Kamolwongwat of the Move Forward Party later introduced the marriage equality bill that became law.

“It was a coalition of efforts between the civil society organizations, the LGBTQ organizations, and also the Pride movement in Thailand,” Witayalerdpan told the Blade.

Taiwan in 2019 became the first country in Asia to extend marriage rights to same-sex couples.

The Nepalese Supreme Court in June issued a landmark ruling that ordered the country’s government to guarantee full marriage rights to same-sex couples.

The Japanese Supreme Court in March said it will consider six marriage equality lawsuits that have been filed in the country. The Indian Supreme Court in 2023 ruled against marriage rights for same-sex couples. South Korea is among the other Asian countries in which marriage equality efforts are gaining momentum.

Witayalerdpan said Thailand’s marriage equality law could have a direct impact in Japan, which is the only G7 country that does not legally recognize same-sex couples.

“It’s been nothing but a positive effect (in Thailand) after the same-sex marriage law (took effect),” he said.

A lesbian couple celebrates Bangkok Pride in 2023. (Photo courtesy of Bangkok Pride’s Facebook page)

InterPride, the organization that coordinates World Pride events, has announced Bangkok and Barcelona, Spain, are the two finalists to host the biennial event in 2030. (World Pride took place in D.C. in 2025.)

Witayalerdpan told the Blade that World Pride in Bangkok would further improve Thailand’s global image. He also said his fellow lawmakers, in turn, should pass LGBTQ rights bills — including proposals that would allow transgender people to legally change their name and gender and enable same-sex couples to have children via surrogates from in vitro fertilization. Witayalerdpan noted the most important bill to him is one that would strengthen Thailand’s LGBTQ-inclusive nondiscrimination law that took effect in 2015.

Impact of US funding cuts has ‘been very hard’

Witayalerdpan also offered advice to activists in the U.S. and elsewhere around the world.

“Keep on pushing forward,” he told the Blade. “I know that it’s hard for activists in Thailand as well.”

Witayalerdpan acknowledged the loss of U.S. government funding since the Trump-Vance administration took office — which has forced advocacy groups in Asia and elsewhere around the world to close — has “been very hard.” Witayalerdpan noted the global LGBTQ and intersex rights movement in response to these cuts has turned to the European Union, the U.K., Canada, and the Netherlands to help fill the gap.

“It’s very good that these countries are providing more funds to the activists in Asia than before because of the Trump situation,” he told the Blade. “It can increase their soft power as well.”

Witayalerdpan said American activists should “wish for a positive result in the mid-term elections.”

“Then there is some resistance,” he added.

Witayalerdpan specifically highlighted efforts to fight against the Trump-Vance administration’s efforts to restrict gender-affirming healthcare.

A federal court in Massachusetts on Aug. 15 struck down a key provision of a U.S. Department of Health and Human Service rule that would have limited access to gender-affirming care under the Affordable Care Act. Maryland and California are two of the 21 states that sued the Trump-Vance administration over the issue.

“You have to show more resistance … to show that we are still here and we will push back when we can,” said Witayalerdpan.

Continue Reading

Pennsylvania

Philadelphia gayborhood preservation battle raises questions about displacement

Opponents of historic designations worry about new burdens on property owners

Published

on

Philadelphia has a rich history of LGBTQ activism, but some fear that historic preservation efforts honoring that history go too far. (Photo courtesy of LGBT50)

Philadelphia’s Washington Square West neighborhood — which is home to the city’s Gayborhood — was awarded a historic designation in 2024. While many LGBTQ+ Philadelphians were excited by news of preserving approximately 1,500 residences, religious spaces and business properties spanning the 26 included blocks, the designation was not celebrated by all.

Advocates, including the Washington Square West Civic Association and various LGBTQ+ residents, partly framed the designation as long-overdue recognition for the area’s LGBTQ+ culture and Black history — but opponents argued it would impose costly restrictions on property owners and limit new development. A group of property owners — which also includes LGBTQ+ people — took the city to court over the designation and successfully overturned the decision.

The judge cited a lack of substantial evidence as a leading cause for his decision despite the Philadelphia Historic Commission’s nearly 1,500-page nomination packet. Attorney Dan Auerbach, representing the residents who opposed the designation, told WHYY that the documents submitted didn’t explain why many of the properties hold historic significance. Just 173 properties were described as historically significant, he argued. However, 773 of 1,509 properties included in the boundary — more than half of the neighborhood’s properties — are already listed in the National Register of Historic Places.

In March, the judge’s ruling was vacated after an appeal — effectively forcing the process to start over. The historic designation stands in the meantime. The Preservation Alliance for Greater Philadelphia is now drafting its own brief — due May 18 — to support the city’s position, which the organization’s executive director Paul Steinke believes will elaborate on the merit of the designation as a supplement to the city’s arguments.

Scholars have found that Philadelphia’s local historic designation offers a more protective effect on buildings facing possible demolition than the national register. Because zoning and construction is overseen by local laws and leaders, local designations play a stronger role in preservation. But that doesn’t mean buildings with the designation are guaranteed to be preserved.

The outcome of this lawsuit could affect a major re-development project that would benefit the LGBTQ+ community but has been met with mixed feelings. William Way LGBT Community Center (WWCC), which is currently housed in a pre-Civil War era building that would be harder to demolish under the designation, is set to be leveled (along with a famous LGBTQ+ mural on its facade) to build a more accessible space for gatherings and queer-centered low-income housing units.

Steinke underlined that it’s possible for the project to move forward as-is. Historic designations do not prevent every demolition. There are standards in place that allow for demolition, which WWCC would need to meet for the project to be approved.

WWCC leaders would need to appear before the historical commission to seek a demolition permit before applying to the city, but that obstacle would be removed if the historic designation is overturned.

Historic designation is mostly used to preserve the character of buildings through recommendations about how owners can restore or maintain exterior facades. Steinke hopes WWCC will adjust its plans to maintain all or some of the most important historic elements of its current home (the facade, historic marble and wooden staircases, entryways and ballroom) rather than demolishing it all outright. He hasn’t lost hope, but he admits he hasn’t convinced anyone at WWCC to change the current plans.

It’s a project that seems to place competing interests in tension. There’s a need for housing — especially income-specific, LGBTQ+ centered projects — in that neighborhood. This, as Steinke hopes, could be pursued without demolishing much-loved cultural landmarks — but WWCC has emphasized that the price tag for pursuing its goals this way makes preservation out of reach.

The Washington Square West litigation is one of three active lawsuits pending against historic districts in Philadelphia. Six newer proposals are also currently in various stages of the nomination process — but if approved, they too could be contested and overturned.

A 2002 attempt to designate Spruce Hill was unsuccessful due to resident opposition that may have been fueled by politics. It was the third attempt to nominate the neighborhood. A case study published in 2023 by a University of Pennsylvania student about the matter found that the opponents feared increased maintenance costs, the loss of personal freedom and gentrification.

“Ironically, in the two decades since that campaign, Spruce Hill has become one of the most gentrified — and threatened — neighborhoods in the city of Philadelphia,” the study notes.

Residents also feared displacement. The case study underlines that residents who are displaced by gentrification tend to move to neighborhoods with lower property values, less access to resources, and fewer opportunities for upward economic mobility.

Following historic designation, the number of college-educated households in a community tends to increase while the poverty rate drops in contrast to its adjacent neighborhoods, which do not receive the designation. These and other factors contributing to economic mobility are visible on maps created by the Opportunity Atlas, a project of Harvard University which presents information collected by the census in an effort to tangibly discuss economic mobility in localities across the United States. It shows the same patterns in many of Philadelphia’s historic districts.

But the Washington Square West neighborhood outperformed the surrounding blocks even before the historic designation took effect — highlighting that the designations themselves may not always be the cause of disparities.

“It’s true that in most cases, historic districts aren’t the most affordable neighborhoods in any city — no matter where you go,” Steinke said. “That’s not the fault of the historic district.”

Historic districts tend to protect properties and neighborhoods that are historically, architecturally, or culturally significant — properties that already tend to be expensive.

For example, Steinke underlined that Rittenhouse Square was expensive before it was officially designated as historic — and some neighborhoods, like Graduate Hospital, have become pricey without the designation.

Historic preservation may actually promote some protective factors that act as a buffer against gentrification and rising rents, contradicting the most common fears. For instance, the designation makes it harder for developers to tear down smaller, older, more affordable homes or significant community hubs that sit on desirable land in order to build newer, larger, high-cost housing units in their place.

Many LGBTQ+ locals opposed the redevelopment of the Gayborhood’s former 12th Street Gym — which held cultural significance and a meaningful mural of queer activist Gloria Casarez. It was removed alongside a neighboring building of note for its connection to Black history. A luxury high-rise apartment complex now takes its place.

Residents of a working-class neighborhood in Durham, N.C. hoped they would stave off developers and prevent or slow gentrification by pursuing historic designation in 2016.

Steinke explained that this has happened in Philadelphia too.

The Parkside neighborhood, which is situated near the Please Touch Museum, has been a historic district for 15 years, Steinke explained. It was a low to moderate income, majority minority neighborhood when it was designated in 2009 and it still is today, he said. The same is true for West Diamond Street in North Philly, which was designated historic in the 1980s. It was a low to moderate income neighborhood then and has remained one today.

“Real estate prices are a factor of so many other things — proximity to work, public safety, access to schools, access to shopping and other amenities, transportation,” Steinke said. “That’s really what determines property values and neighborhood value.”

Those are also factors that have strong correlations with upward economic mobility.

Despite a poverty rate that is lower than it has been in decades, Opportunity Insights ranks Philadelphia as last among large metro areas for upward economic mobility — with some children experiencing even worse economic outcomes than their parents. It’s a problem Mayor Cherelle Parker has addressed with new initiatives she hopes will support young people who hope to break free from cycles of poverty.

The supplemental programs that offer economic support to historic homeowners in Durham might have helped its anti-gentrification efforts succeed.

Steinke said it’s true that some preservation-oriented maintenance costs may be higher upfront, but many of those options also last longer and could even cost less than cheaper fixes that must be repeated over time.

“One real weakness in Philadelphia is that there is no publicly available funding to help homeowners maintain their historic homes, and that’s something that we have talked about with city officials, with city council, with the mayor’s office,” he added. “There really needs to be a fund that homeowners can apply to if their property is designated historic — especially for low to moderate income homeowners.”

Although there isn’t a city fund or initiative to help offset maintenance costs for historic homeowners in Philadelphia, a few state and federal tax incentives could be helpful to some historically-designated property owners — including landlords and developers who might not otherwise pursue preservation.

“Not many property owners or homeowners have a lot of expertise about what’s best for a historic building to maintain its value and its appearance,” Steinke said. “So when historic districts are in place, you actually have access to experts who know the best practices and can share them with you and help you find solutions to the problems you’re trying to solve.”

The Preservation Alliance for Greater Philadelphia collaborated with the Washington Square West Civic Association to publish a manual that will be released in late spring or early summer. It will provide information about historic practices for windows, doorways, carpentry, masonry and roofs pertaining to the area’s buildings.

There’s been an increase in low-income households in Philadelphia’s historic districts and top earners are moving in at a slower rate than in neighborhoods in the rest of the city.

Racial diversity is shifting in there, too. Although these districts tend to have whiter populations, a report published by the Preservation Alliance shows that non-white homeownership in Philly’s historic districts has increased significantly since 2010. The number of non-white homeowners and Black and Hispanic residents is on the rise in these districts, even as diversity has slowed in other neighborhoods.

“We think [this report] shows that historic designation is not an obstacle to housing production or population growth,” Steinke said.

Steinke argues that the buildings in Washington Square West have economic value not only to those who own or utilize the buildings but to the city as a whole. They’re an economic engine — creating jobs and drawing tourists. Almost 6% of Philadelphia’s jobs are in historic districts, including nearly 10% of small business jobs, 13% of new jobs, and almost 17% of creative jobs.

The 250th anniversary of the United States will bring visitors hoping to immerse themselves in Philadelphia’s history. Visit Philly estimates the events could contribute up to $2.5 billion to the city’s economy.

Some funding is making its way to historic districts in preparation for the events by way of grants for programming and beautification projects. But that doesn’t make them an accessible place to do business.

Historic districts aren’t necessarily start-up friendly. Commercial rent tends to be higher there too — a frequent complaint among LGBTQ+ business owners who want to open brick-and-mortar locations in the Gayborhood but are priced out.

(This article was originally published by the Philadelphia Gay News and is part of a national initiative exploring how geography, policy, and local conditions influence access to opportunity. Find more stories at economicopportunitylab.com.)

Continue Reading

Popular