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HISTORIC: Senate votes to advance trans-inclusive ENDA

By vote of 61-30, senators start debate on pro-LGBT job bias bill

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Employment Non-Discrimination Act, United States Senate, gay news, Washington Blade, ENDA, Mark Pryor, Democratic Party, Joe Manchin
Employment Non-Discrimination Act, ENDA, gay news, Washington Blade

The U.S. Senate invoked cloture on the Employment Non-Discrimination Act. (Washington Blade file photo by Michael Key)

In another milestone moment in the pursuit of equal rights for LGBT Americans, the U.S. Senate voted by a narrow margin on Monday to bring to the floor the Employment Non-Discrimination Act.

By a vote of 61-30, senators invoked cloture on the legislation as Sen. Mazie Hirono (D-Hawaii) presided. The vote enables up to 30 hours of debate and amendments before a vote for final passage, which is expected Wednesday.

The 54 Democrats who voted for ENDA, whose chief sponsor is Sen. Jeff Merkley (D-Ore.), consisted of the Democrats who co-sponsored ENDA as well as Sens. Cory Booker (D-N.J.), Joe Manchin (D-W.Va.) and Mark Pryor (D-Ark.). Sen. Claire McCaskill (D-Mo.), an ENDA co-sponsor, didn’t vote.

On the Republican side, additional votes came from Sens. Kelly Ayotte (R-N.H.), Rob Portman (R-Ohio) and Pat Toomey (R-Pa.). Other votes came from Sens. Orrin Hatch (R-Utah), who voted for the bill in committee, and Sen. Dean Heller (R-Nev.), who articulated his support earlier in the day. Sen. Lisa Murkowski (R-Alaska), who also voted for ENDA in committee, didn’t vote.

Tammy Baldwin, gay news, Washington Blade, Employment Non-Discrimination Act, United States Senate, Democratic Party, Wisconsin

Sen. Tammy Baldwin (D-Wis.) addressed reporters following the vote. (Washington Blade photo by Michael Key)

Including the Republican original co-sponsors of ENDA — Sens. Susan Collins (R-Maine) and Mark Kirk (R-Ill.) — the bill had seven Republican votes. As he indicated he would, Sen. Jeff Flake (R-Ariz.) voted “no” after entering the Senate chamber following Sen. Tammy Baldwin (D-Wis.), apparently after a conversation with her.

As the vote took place, there were concerns there would be insufficient votes to invoke cloture on ENDA because of Murkowski’s absence, but Portman and Toomey, after intense conversations with colleagues, entered the Senate chamber just before the vote was called to vote “yes.”

The roll call of the vote for cloture on ENDA can be found here.

Prior to the vote, lawmakers who support the legislation spoke out in favor of the bill, touting it as a means of advancing equal opportunity and the “American Dream.”

Senate Majority Leader Harry Reid (D-Nev.) said ENDA is necessary because discriminating against gay workers is legal in 29 states and for being transgender in 33 states.

“The patchwork of state laws excludes tens of millions of Americans from basic protection against discrimination,” Reid said. “It is simply not good enough. It is [time to] pass a federal law that ensures all Americans regardless of where they live can go to work unafraid to be who they are. As long as hardworking, qualified Americans can be denied job opportunities, fired, or harassed because of their sexual orientation or gender identity, all workers are at risk.”

Sen. Tom Harkin (D-Iowa), chair of the Senate Health, Education, Labor & Pensions Committee from which the legislation originated, said passage of ENDA would say LGBT Americans “deserve the same civil rights protections as all other Americans.”

“We are here because, even though most Americans believe firing or refusing to hire someone based their sexual orientation is illegal, they are incorrect,” Harkin said. “The majority of Americans, more than 56 percent, live in states where it is perfectly legal to fire someone or to refuse to hire them because of who they are, a lesbian, gay, bisexual or transgender citizen.”

Amid concerns that the religious exemption is too broad and calls from some LGBT advocates for lawmakers to speak out against it, Harkin said the language is necessary to ensure bipartisan support.

“This is a compromise that has been hard for strong advocates of civil rights and civil liberties, including me, to accept,” Harkin said. “But it is an exemption that has helped to persuade some members of strong faith that ENDA should become law. I would point to my friend Sen. Hatch, who supported this bill in committee, as just one important example of senators who are satisfied that this exemption serves to reconcile the strictures of their faith with fundamental fairness in the workplace.”

Sen. Tammy Baldwin (D-Wis.), the only openly gay member of the Senate, said she understands some lawmakers may have political difficulties in supporting the legislation, but encouraged her colleagues to stand on the right side of history.

“I realize that for some, this is not an easy vote,” Baldwin said. “I understand that for some they may believe that it’s not good politics. But I want to say that I have a deep respect for those who choose to stand on the side of progress for our country this week. So for those that stand up this week and answer the call for courage, I can say with confidence your courage will be respected and remembered when this struggle is written.”

Sen. Mark Kirk (R-Ill.), a Republican and original co-sponsor of ENDA, spoke on the Senate floor for the first time in two years after suffering a stroke.

“I have been silent for the last two years due to a stroke a little under two years ago,” Kirk said. “I have risen to speak because I’m so passionate in enacting the ENDA statute.”

It’s the first time a version of ENDA with transgender protections has come to the floor of either chamber of Congress. In 2007, controversy ensued after gay former Rep. Barney Frank dropped the transgender provision from the bill over the concern an inclusive bill couldn’t be passed.

Mara Keisling, executive director of the National Center for Transgender Equality, said the cloture vote on ENDA is “an important step” toward ensuring workplace fairness for everyone, including transgender workers.

“Tonight’s procedural vote is an important step toward making sure our country gives every worker, including transgender workers, the same chance at having security at work and caring for the ones they love,” Keisling said. “The Employment Non-Discrimination Act does just that.”

It’s also the first time the Senate has considered ENDA since 1996, when the bill came to the floor as part of a deal to consider the Defense of Marriage Act and failed by one vote.

The cloture vote is also significant because the 60-vote threshold necessary to overcome a filibuster is higher than the simple majority needed for final passage. It means the legislation is almost certain win final approval in the Senate.

Amendments are expected in the coming days. After his “yes” vote on cloture, Portman announced he’ll introduce an amendment that would prevent retaliation against religious organizations and make changes to the introductory section that highlight and explain the importance of religious liberty.

White House Press Secretary Jay Carney praised lawmakers for voting for cloture on the legislation, saying President Obama welcomes the bipartisan support for the bill.

“He thanks the lawmakers from both sides of the aisle who have stood up for America’s core values of fairness and equality, and looks forward to the Senate’s consideration of ENDA,” Carney said. “He also encourages lawmakers to ensure that the legislation remains true to its goals as it is considered.”

LGBT advocates praised the vote on ENDA as a milestone moment in anticipation of additional debate that will take place in the days to come.

Chad Griffin, president of the Human Rights Campaign, said the cloture vote indicates the time has come for ENDA’s passage.

“Today we saw American democracy in action with the U.S. Senate finally following the will of a diverse and bipartisan collection of Americans calling for workplace fairness,” Griffin said. “With a super majority of Senators, more than 100 major American companies, and more than two-thirds of Americans all standing proudly in support of ENDA, there is tremendous momentum behind this common-sense bill. ENDA’s time has come, and we’re not going to stop fighting until it is passed once and for all.”

Tico Almeida, president of Freedom to Work, drew attention to the bipartisan support the legislation won on the Senate floor.

“The U.S. Senate has taken a historic step toward ensuring that gay and transgender Americans have the same workplace protections that give all Americans a fair shot to succeed on the job,” Almeida said. “Today’s strong bi-partisan vote total for the Employment Non-Discrimination Act reflects that majorities of Americans from both parties believe nobody should get fired or harassed just because of who they are or whom they love.”

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Virginia

DOJ seeks to join lawsuit against Loudoun County over trans student in locker room

Three male high school students suspended after complaining about classmate

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Loudoun County Public Schools building. (Washington Blade photo by Michael Key)

The Justice Department has asked to join a federal lawsuit against Loudoun County Public Schools over the way it handled the case of three male high school students who complained about a transgender student in a boys’ locker room.

The Washington Blade earlier this year reported Loudoun County public schools suspended the three boys and launched a Title IX investigation into whether they sexually harassed the student after they said they felt uncomfortable with their classmate in the locker room at Stone Bridge High School in Ashburn.

The parents of two of the boys filed a lawsuit against Loudoun County public schools in U.S. District Court for the Eastern District of Virginia in Alexandria. The Richmond-based Founding Freedoms Law Center and America First Legal, which White House deputy chief of staff Stephen Miller co-founded, represent them.

The Justice Department in a Dec. 8 press release announced that “it filed legal action against the Loudoun County (Va.) School Board (Loudoun County) for its denial of equal protection based on religion.”

“The suit alleges that Loudoun County applied Policy 8040, which requires students and faculty to accept and promote gender ideology, to two Christian, male students in violation of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution,” reads the press release.

Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division in the press release said “students do not shed their First Amendment rights at the schoolhouse gate.”

“Loudoun County’s decision to advance and promote gender ideology tramples on the rights of religious students who cannot embrace ideas that deny biological reality,” said Dhillon.

Outgoing Virginia Gov. Glenn Youngkin and outgoing Virginia Attorney General Jason Miyares in May announced an investigation into the case.

The Virginia Department of Education in 2023 announced the new guidelines for trans and nonbinary students for which Youngkin asked. Equality Virginia and other advocacy groups claim they, among other things, forcibly out trans and nonbinary students.

The U.S. Department of Education’s Office of Civil Rights in February launched an investigation into whether Loudoun County and four other Northern Virginia school districts’ policies in support of trans and nonbinary students violate Title IX and President Donald Trump’s executive order that prohibits federally funded educational institutions from promoting “gender ideology.”

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The White House

As house Democrats release Epstein photos, Garcia continues to demand DOJ transparency

Blade this week sat down with gay House Oversight Committee ranking member

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A photo released by the House Oversight Committee showing Donald Trump 's close relationship with Jeffrey Epstein . (Photo courtesy of the U.S. House Oversight Committee)

Democrats on the House Oversight Committee have released new photos from Jeffrey Epstein’s email and computer records, including images highlighting the relationship between President Donald Trump and the convicted sex offender.

Epstein, a wealthy financier, was found guilty of procuring a child for prostitution and sex trafficking, serving a 13-month prison sentence in 2008. At the time of his death in prison under mysterious circumstances, he was facing charges of sex trafficking and conspiracy to traffic minors.

Among those pictured in Epstein’s digital files are Trump, former President Bill Clinton, former Trump adviser Steve Bannon, actor and director Woody Allen, economist Larry Summers, lawyer Alan Dershowitz, entrepreneurs Richard Branson and Bill Gates, and Andrew Mountbatten-Windsor.

One photo shows Trump alongside Epstein and a woman at a Victoria’s Secret party in New York in 1997. American media outlets have published the image, while Getty Images identified the woman as model Ingrid Seynhaeve.

Oversight Committee Democrats are reviewing the full set of photos and plan to release additional images to the public in the coming days and weeks, emphasizing their commitment to protecting survivors’ identities.

With just a week left for the Justice Department to publish all files related to Epstein following the passage of the Epstein Files Transparency Act, which requires the Justice Department to release most records connected to Epstein investigations, the Washington Blade sat down with U.S. Rep. Robert Garcia (D-Calif.), the ranking member on the Oversight Committee to discuss the current push the release of more documents.

Garcia highlighted the committee’s commitment to transparency and accountability.

U.S. Rep. Robert Garcia (D-Calif.) during a sit down with the Washington Blade. (Washington Blade photo by Michael Key)

“We’ve said anything that we get we’re going to put out. We don’t care who is in the files … if you’ve harmed women and girls, then we’ve got to hold you accountable.”

He noted ongoing questions surrounding Trump’s relationship with Epstein, given their long history and the apparent break in friendship once Trump assumed public office.

“There’s been a lot of questions about … Donald Trump and Jeffrey Epstein. They were best friends for 10 years … met women there and girls.”

Prior to Trump’s presidency, it was widely reported that the two were friends who visited each other’s properties regularly. Additional reporting shows they socialized frequently throughout the 1990s and early 2000s, attending parties at Trump’s Mar-a-Lago resort in Florida and Epstein’s residences. Flight logs from an associate’s trial indicate Trump flew on Epstein’s private jet multiple times, and Epstein claimed Trump first had sex with his future wife, Melania Knauss, aboard the jet.

“We’ve provided evidence … [that leads to] questions about what the relationship was like between Donald Trump and Jeffrey Epstein.”

Garcia stressed the need for answers regarding the White House’s role in withholding information, questioning the sudden change in attitude toward releasing the files given Trump’s campaign promises.

“Why is the White House trying to cover this up? So if he’s not covering for himself … he’s covering up for his rich friends,” Garcia said. “Why the cover up? Who are you hiding for? I think that’s the question.”

He confirmed that Trump is definitively in the Epstein files, though the extent remains unknown, but will be uncovered soon.

“We know that Trump’s in them. Yeah, he’s been told. We know that Trump’s in them in some way. As far as the extent of it … we don’t know.”

Garcia emphasized accountability for all powerful figures implicated, regardless of financial status, political party, or personal connections.

“All these powerful men that are walking around right now … after abusing, in some cases, 14‑ and 15‑year‑old girls, they have to be held accountable,” he said. “There has to be justice for those survivors and the American public deserves the truth about who was involved in that.”

He added that while he is the ranking member, he will ensure the oversight committee will use all available political tools, including subpoenas — potentially even for the president. 

“We want to subpoena anyone that we can … everyone’s kind of on the table.”

He also emphasized accountability for all powerful figures implicated, regardless of financial status, political party, or relationship with the president.

“For me, they’re about justice and doing the right thing,” Garcia said. “This is about women who … were girls and children when they were being abused, trafficked, in some cases, raped. And these women deserve justice.”

“The survivors are strong.”

Deputy White House Press Secretary Abigail Jackson issued a statement regarding the release the photos, echoing previous comments from Republicans on the timing and framing of the photos by the Oversight Committee.

“Once again, House Democrats are selectively releasing cherry-picked photos with random redactions to try and create a false narrative,” Jackson said.

“The Democrat hoax against President Trump has been repeatedly debunked and the Trump administration has done more for Epstein’s victims than Democrats ever have by repeatedly calling for transparency, releasing thousands of pages of documents, and calling for further investigations into Epstein’s Democrat friends,”

In a press release on Friday, Garcia called for immediate DOJ action:

“It is time to end this White House cover-up and bring justice to the survivors of Jeffrey Epstein and his powerful friends. These disturbing photos raise even more questions about Epstein and his relationships with some of the most powerful men in the world. We will not rest until the American people get the truth. The Department of Justice must release all the files, NOW.”

Steve Bannon and Jeffrey Epstein in Epstein Files photo. (Photo courtesy of the U.S. House Oversight Committee)
Trump in another photo from Epstein’s digital files. (Photo courtesy of the U.S. House Oversight Committee)
(Photo courtesy of the U.S. House Oversight Committee)
Bill Gates and Andrew Montbatton-Windsor in Epstein Files photo. (Photo courtesy of the U.S. House Oversight Committee)
Bill Clinton and Ghislaine Maxwell and Jeffrey Epstein in Epstein Files photo.
(Photo courtesy of the U.S. House Oversight Committee)

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District of Columbia

Capital Pride announces change in date for 2026 D.C. Pride parade and festival

Events related to U.S. 250th anniversary and Trump birthday cited as reasons for change

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A scene from the 2024 Capital Pride Festival. (Washington Blade file photo by Emily Hanna)

The Capital Pride Alliance, the D.C. based group that organizes the city’s annual LGBTQ Pride events, has announced it is changing the dates for the 2026 Capital Pride Parade and Festival from the second weekend in June to the third weekend.  

“For over a decade, Capital Pride has taken place during the second weekend in June, but in 2026, we are shifting our dates in response to the city’s capacity due to major events and preparations for the 250th anniversary of the United States,” according to a Dec. 9 statement released by Capital Pride Alliance.

The statement says the parade will take place on Saturday, June 20, 2026, with the festival and related concert taking place on June 21.

“This change ensures our community can gather safely and without unnecessary barriers,” the statement says. “By moving the celebration, we are protecting our space and preserving Pride as a powerful act of visibility, solidarity, and resistance,” it says.

Ryan Bos, the Capital Pride Alliance CEO and President, told the Washington Blade the change in dates came after the group conferred with D.C. government officials regarding plans for a number of events in the city on the second weekend in June. Among them, he noted, is a planned White House celebration of President Donald Trump’s 80th birthday and other events related to the U.S. 250th anniversary, which are expected to take place from early June through Independence Day on July 4.

The White House has announced plans for a large June 14, 2026 celebration on the White House south lawn of Trump’s 80th birthday that will include a large-scale Ultimate Fighting Championship (UFC) event involving boxing and wrestling competition.  

Bos said the Capital Pride Parade will take place along the same route it has in the past number of years, starting at 14th and T Streets, N.W. and traveling along 14th Street to Pennsylvania Ave., where it will end. He said the festival set for the following day will also take place at its usual location on Pennsylvania Avenue, N.W., between 2nd Street near the U.S. Capitol, to around 7th Street, N.W.

“Our Pride events thrive because of the passion and support of the community,” Capital Pride Board Chair Anna Jinkerson said in the statement. “In 2026, your involvement is more important than ever,” she said.

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