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Onward to the House for ENDA

Boehner pressured to allow vote after bipartisan Senate passage

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John Boehner, Speaker of the House, GOP, Republican, gay news, Washington Blade
John Boehner, Speaker of the House, GOP, Republican, gay news, Washington Blade

All eyes will be on Speaker John Boehner as advocates push for a House vote on ENDA. (Washington Blade file photo by Michael Key)

Supporters of the Employment Non-Discrimination Act are hoping to capitalize on the momentum from last week’s historic bipartisan Senate victory as they pursue a vote on the bill in the U.S. House.

Ten Senate Republicans voted for ENDA, which would prohibit most employers from discriminating on the basis of sexual orientation or gender identity. Their support gave the bill more bipartisan support than “Don’t Ask, Don’t Tell” repeal, which had just eight GOP votes, and more than any other pro-LGBT bill that has come to a vote in the Senate.

Liz Mair, a Republican political strategist who favors LGBT inclusion in the party, said the support that ENDA received in the Senate from Republicans demonstrates the party isn’t as opposed to LGBT rights as some observers might think.

“The fact that ENDA garnered 10 Republican votes in the Senate — and from a Republican caucus that is significantly less moderate than certain predecessor versions now that it lacks Scott Brown, Olympia Snowe, Judd Gregg and the like — is a reminder that the GOP is much more attuned to gay rights issues and much more in line with mainstream American attitudes on those issues than one would think from the image of the GOP that certain very conservative party leaders and the media tend to present,” Mair said.

The two Republican original co-sponsors — Sens. Susan Collins (R-Maine) and Mark Kirk (R-Ill.) — were joined in support by Sens. Rob Portman (R-Ohio), Kelly Ayotte (R-N.H.), Pat Toomey (R-Pa.), Dean Heller (R-Nev.), Orrin Hatch (R-Utah), Lisa Murkowski (R-Alaska) John McCain (R-Ariz.) and Jeff Flake (R-Ariz.).

Of those 10, the votes from McCain and Flake are particularly noteworthy because they represent a “red” state that President Obama lost in both 2008 and 2012. In addition, both senators expressed misgivings about ENDA before they ultimately voted for the bill.

Gregory Angelo, executive director of the Log Cabin Republicans, nonetheless said he wasn’t surprised by their support for the bill in the end.

“I know that both senators had expressed some hesitancy before casting their votes, but Flake is someone who voted for ENDA in 2007 when he was a member of the House, and Sen. McCain had even indicated that he would be open to supporting ENDA when he was running for president in 2008 — as part of, I believe, a questionnaire or interview he did with the Blade no less,” Angelo said.

A Senate source familiar with ENDA said McCain was able to support the bill after the adoption of the Portman-Ayotte amendment, which would prohibit federal, state and local governments from retaliating against institutions that invoke the religious exemption in the bill to discriminate against LGBT employees.

For Flake, who earlier told the Washington Blade he’d vote against ENDA because of the transgender protections in the bill, the Senate source said his support was solidified after he received assurances that businesses would receive guidance on the prohibition of gender identity discrimination.

Also significant on the Republican position on ENDA was the fact that Senate Minority Leader Mitch McConnell, according to Senate Republican aides familiar with the bill, didn’t whip the vote on the legislation and instead allowed members of his caucus to vote their conscience.

Angelo was among those who saw no evidence of Republican leadership instructing members to vote against ENDA.

“The fact that you had almost one-in-four members of the GOP caucus in the Senate vote in favor shows that membership was allowed to take a vote of conscience on this issue,” Angelo said.

Will the House vote on ENDA?

Now that the Senate has wrapped up its consideration of ENDA, attention has turned to passing the bill in the House, where Republican support will be necessary, first, to bring the bill to the floor and, second, to find 218 votes for the bill in the Republican majority chamber.

House Speaker John Boehner (R-Ohio) has indicated his opposition to the bill out of concern it would lead to “frivolous lawsuits” and a spokesperson for House Minority Leader Eric Cantor (R-Va.) was quoted in The Huffington Post as saying the bill “is currently not scheduled in the House.”

Nonetheless, Democrats ranging from Senate Majority Leader Harry Reid (D-Nev.) to gay Rep. Jared Polis (D-Colo.), ENDA’s chief sponsor in the House, insist that the House has enough votes for passage should it come to the floor.

Drew Hammill, a spokesperson for House Minority Leader Nancy Pelosi (D-Calif.), told the Blade his boss is among those who believe ENDA has sufficient support in the House for passage.

“Leader Pelosi has made it clear that there is sufficient support in the House to pass ENDA now,” Hammill said. “Instead of scheduling a vote on this measure, House Republicans are planning to vote for the 46th time to repeal or undermine the Affordable Care Act. There is only one man standing in the way of the expansion of workplace protections for millions of LGBT Americans. His name is John Boehner.”

ENDA has 196 House sponsors. That’s just 22 votes short of the necessary votes to pass the legislation on the House floor.

While the bill could technically come up at any time during the 13 months that remain in the current Congress, Polis said the legislation should come up sooner rather than later because, as Election Day approaches, members of the House will leave to campaign in their districts. It would be the first time that ENDA has come to the House floor since 2007, and the first time ever the chamber would consider a version of the bill that included transgender protections.

ENDA supporters claimed another Republican as their own last week when former White House Press Secretary Ari Fleischer, who served as spokesperson for former President George W. Bush, penned an op-ed in Politico urging the House to pass the bill.

“Allowing people to be successful in their workplaces is an essential piece of individual opportunity and liberty,” Fleischer said. “Working for a living is one of America’s freedoms. It’s a virtue to be encouraged — and supporting it is important to the future of the Republican Party.”

But not all LGBT advocates agree that sufficient votes exist to pass ENDA in the House. Some Republican supporters of the legislation stopped short of saying ENDA already has sufficient support to pass on the floor.

Jeff Cook-McCormac, senior adviser to the pro-LGBT Republican group American Unity Fund, said more work is needed when asked if ENDA is ready to move to the House floor.

“We’re encouraged by the momentum, working to identify and demonstrate majority support and committed to engaging legislators in the thoughtful and respectful conversations necessary to get there as quickly as possible,” Cook-McCormac said.

Mair said ENDA will be “a more uphill battle in the House” not only because of conservative worries over the bill’s content, but also out of fear of supporting anything seen as part of Obama’s agenda. Still, she wouldn’t rule out a surprise.

“Even back in 2007, ENDA garnered a noteworthy amount of GOP support in the House, including from some rather conservative members,” Mair said. “Thirty-five Republicans voted for ENDA then, including John Campbell, Jeff Flake, Thaddeus McCotter and Paul Ryan. So it will be interesting to see how it plays out this time around.”

For Cook-McCormac, the next priority is to build the number of Republican co-sponsors for ENDA. There are currently five: Reps. Charlie Dent (R-Pa.), Chris Gibson (R-N.Y.), Richard Hanna (R-N.Y.), Ileana Ros-Lehtinen (R-Fla.) and Jon Runyan (R-N.J.).

Dent told the Washington Post that Boehner “should allow a vote on this bill” because the American public believes the workplace should be free of discrimination.

Ros-Lehtinen said in a statement to the Blade that she also hopes Republican leadership will bring ENDA to the floor for a vote, but chose her words carefully about its prospects.

“The passage of ENDA by the Senate is a great first step toward making this bill law,” Ros-Lehitnen said. “I urge my colleagues in the House to sign on to the companion bill and hope House leadership will bring it up for a vote. I believe if it is brought to a vote, it has the opportunity to pass.”

Renee Gamela, a Hanna spokeswoman, said ENDA is good for business.

“Rep. Hanna would like ENDA to receive a vote in the House when it is clear that there are sufficient votes for passage,” Gamela said. “He intends to speak directly with his colleagues about why, as a small business owner, he believes supporting the legislation is good for economic competitiveness, individual liberty and our party.”

As articulated by Pelosi, one approach seen as a pathway for passage of ENDA in the House would be similar to what happened with reauthorization of the Violence Against Women Act. Amid public pressure, the House in February passed a bill with protections for LGBT victims of domestic violence after the Republican version of the bill without the provisions failed on the floor.

Log Cabin’s Angelo said whether a vote on ENDA will take place in the House “comes down to pressure” both from Republicans in the House who support it and advocates on the outside who want to see it passed.

“I think if you had a similar push that happened with the Violence Against Women Act, where you had a tremendous surge among grassroots, and you also had GOP members of Congress urging leadership to bring this up for a vote, you got there,” Angelo said. “But it’s going to take considerable pressure. I’m not a Pollyanna when it comes to prospects in the House, but I am cautiously optimistic.”

 

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Florida

AIDS Healthcare Foundation sues Fla. over ‘illegal’ HIV drug program cuts

Tens of thousands could lose access to medications

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(Photo by Catella via Bigstock)

Following the slashing of hundreds of thousands of dollars from Florida’s AIDS Drug Assistance Program, AIDS Healthcare Foundation filed a lawsuit against the Florida Department of Health over what it says was an illegal change to income eligibility thresholds for the lifesaving program.

The Florida Department of Health announced two weeks ago that it would make sweeping cuts to ADAP, dramatically changing how many Floridians qualify for the state-funded medical coverage — without using the formal process required to change eligibility rules. As a result, AHF filed a petition Tuesday in Tallahassee with the state’s Division of Administrative Hearings, seeking to prevent more than 16,000 Floridians from losing coverage.

The medications covered by ADAP work by suppressing HIV-positive people’s viral load — making the virus undetectable in blood tests and unable to be transmitted to others.

Prior to the eligibility change, the Florida Department of Health covered Floridians earning up to 400 percent of the federal poverty level — or $62,600 annually for an individual. Under the new policy, eligibility would be limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.

The National Alliance of State and Territorial AIDS Directors estimates that more than 16,000 patients in Florida will lose coverage under the state’s ADAP because of this illegal change in department policy. Florida’s eligibility changes would also eliminate access to biktarvy, a widely used once-daily medication for people living with HIV/AIDS.

Under Florida law, when a state agency seeks to make a major policy change, it must either follow a formal rule-making process under the Florida Administrative Procedure Act or obtain direct legislative authorization.

AHF alleges the Florida Department of Health did neither.

Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AHF, none of these steps occurred.

“Rule-making is not a matter of agency discretion. Each statement that an agency like the Department of Health issues that meets the statutory definition of a rule must be adopted through legally mandated rule-making procedures. Florida has simply not done so here,” said Tom Myers, AHF’s chief of public affairs and general counsel. “The whole point of having to follow procedures and rules is to make sure any decisions made are deliberate, thought through, and minimize harm. Floridians living with HIV and the general public’s health are at stake here and jeopardized by these arbitrary and unlawful DOH rule changes.”

AHF has multiple Ryan White CARE Act contracts in Florida, including four under Part B, which covers ADAP. More than 50 percent of people diagnosed with HIV receive assistance from Ryan White programs annually.

According to an AHF advocacy leader who spoke with the Washington Blade, the move appears to have originated at the state level rather than being driven by the federal government — a claim that has circulated among some Democratic officials.

“As far as we can tell, Congress flat-funded the Ryan White and ADAP programs, and the proposed federal cuts were ignored,” the advocacy leader told the Blade on the condition of anonymity. “None of this appears to be coming from Washington — this was initiated in Florida. What we’re trying to understand is why the state is claiming a $120 million shortfall when the program already receives significant federal funding. That lack of transparency is deeply concerning.”

Florida had the third-highest rate of new HIV infections in the nation in 2022, accounting for 11 percent of new diagnoses nationwide, according to KFF, a nonprofit health policy research organization.

During a press conference on Wednesday, multiple AHF officials commented on the situation, and emphasized the need to use proper methods to change something as important as HIV/AIDS coverage availability in the sunshine state. 

“We are receiving dozens, hundreds of calls from patients who are terrified, who are confused, who are full of anxiety and fear,” said Esteban Wood, director of advocacy, legislative affairs, and community engagement at AHF. “These are working Floridians — 16,000 people — receiving letters saying they have weeks left of medication that keeps them alive and costs upwards of $45,000 a year. Patients are asking us, ‘What are we supposed to do? How are we supposed to survive?’ And right now, we don’t have a good answer.”

“This decision was not done in the correct manner. County health programs, community-based organizations, providers across the state — none of them were consulted,” Wood added. “Today is Jan. 28, and we have just 32 days until these proposed changes take effect. Nearly half of the 36,000 people currently on ADAP could be disenrolled in just over a month.”

“Without this medication, people with HIV get sicker,” Myers said during the conference. “They end up in emergency rooms, they lose time at work, and they’re unable to take care of their families. Treatment adherence is also the best way to prevent new HIV infections — people who are consistently on these medications are non-infectious. If these cuts go through, you will have sicker people, more HIV infections, and ultimately much higher costs for the state.”

“Patients receiving care through Ryan White and ADAP have a 91 percent viral suppression rate, compared to about 60 percent nationally,” the advocacy leader added. “That’s as close to a functional cure as we can get, and it allows people to live healthy lives, work, and contribute to their communities. Blowing a hole in a program this successful puts lives at risk and sets a dangerous precedent. If Florida gets away with this, other states facing budget pressure could follow.”

The lawsuit comes days after the Save HIV Funding campaign pressed Congress to build bipartisan support for critical funding for people living with or vulnerable to HIV. In May of last year, President Donald Trump appeared to walk back his 2019 pledge to end HIV as an epidemic, instead proposing the elimination of HIV prevention programs at the Centers for Disease Control and Prevention and housing services in his budget request to Congress.

House appropriators, led by the Republican majority, went further, calling for an additional $2 billion in cuts — including $525 million for medical care and support services for people living with HIV. 

While Senate appropriators ultimately chose to maintain level funding in their version of the spending bills, advocates feared final negotiations could result in steep cuts that would reduce services, increase new HIV infections, and lead to more AIDS-related deaths. The final spending package reflected a best-case outcome, with funding levels largely mirroring the Senate’s proposed FY26 allocations.

“What the state has done in unilaterally announcing these changes is not following its own rules,” Myers added. “There is a required process — rule-making, notice and comment, taking evidence — and none of that happened here. Before you cut 16,000 people off from lifesaving medication, you have to study the harms, ask whether you even have the authority to do it, and explore other solutions. That’s what this lawsuit is about.”

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China

Two Chinese men detained over AI-generated picture of pandas engaging in same-sex behavior

Arrests part of increased online surveillance, LGBTQ rights crackdown

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(Photo by Aylandy/Bigstock)

Chinese authorities have detained two men after they shared an artificially altered image that linked queer identity with a specific city.

The Washington Post on Jan. 21 reported the men — who are 29 and 33 — circulated an AI-generated picture depicting pandas engaging in same-sex behavior in Chengdu, a major city in southwestern China often referred to as the “panda capital” due to its association with giant panda conservation. Local officials described the sharing of the image as “malicious,” and police in Chengdu took the men into custody.

Authorities also suspended the two men’s social media accounts, accusing them of spreading misinformation presented as legitimate news. According to the Post, the artificially generated image was posted alongside a fabricated headline, giving the appearance of an authentic news report. The image depicted two male pandas mating.

According to an official police report, police said the fabricated image was presented in the format of a legitimate news article and accompanied by a false headline. The caption read, “Chengdu: Two male Sichuan giant pandas successfully mate for the first time without human intervention,” authorities said.

Chinese regulators have in recent years tightened oversight of AI and online content. 

Under the Interim Measures for the Administration of Generative Artificial Intelligence Services, issued in 2023, providers and users of generative AI systems are required to comply with existing laws, adhere to social and ethical standards, and refrain from producing or disseminating false or misleading information. Additional rules that took effect on Sept. 1, 2025, require online platforms to clearly label AI-generated content, a measure authorities have said is intended to curb misinformation and maintain order in digital spaces.

Police under Chinese law are permitted to impose administrative detention of up to 15 days for offenses deemed to disrupt public order, a category that includes the fabrication or dissemination of false information online. Such cases are handled outside the criminal court system and do not require formal prosecution.

According to a statement the Chengdu Public Security Bureau’s Chenghua branch released, police opened an investigation after receiving public reports that online accounts were spreading false information about the city. Authorities said officers collected evidence shortly afterward and placed the two individuals under administrative detention.

The detentions are not an isolated case. 

The Washington Blade in July 2025 reported a Chinese female writer was arrested and subjected to a strip search after publishing gay erotic fiction online. At least 30 other writers — most of them women in their 20s — in the months that followed publicly described similar encounters with law enforcement, including home raids and questioning related to their online writing.

ShanghaiPRIDE, a Chinese LGBTQ advocacy group that organized annual Pride events in the city, has remained indefinitely suspended since 2021. In the same period, dozens of LGBTQ-focused accounts have been removed from WeChat, China’s largest social media platform, as authorities intensified oversight of online content related to sexual orientation and gender identity.

Authorities in 2021 detained the founder of LGBT Rights Advocacy China. They later released them on the condition that he shut down the organization, which ceased operations shortly afterward.

China decriminalized homosexuality in 1997 when it removed consensual same-sex sexual relations from the country’s criminal code. The Chinese Society of Psychiatry in 2001 formally removed homosexuality from its list of mental disorders. Despite those changes, same-sex relationships remain unrecognized under Chinese law, and there are no legal protections against discrimination based on sexual orientation or gender identity. Public advocacy for LGBTQ rights remains tightly restricted, with authorities continuing to limit community organizing, public events and online expression related to sexual minority issues.

Within China’s LGBTQ community, transgender and gender non-conforming people remain among the most vulnerable. Under current regulations, access to gender-affirming surgery is subject to strict requirements, including being at least 18 years old, unmarried, obtaining parental consent and having no criminal record — procedures that are required in order to legally change one’s gender on official documents.

China’s system of online governance places responsibility on both users and platforms to prevent the spread of prohibited content. Social media companies are required to conduct real-name verification, monitor user activity and remove posts that violate regulations, while individuals can be punished for content authorities determine to have caused public misunderstanding or social disruption.

“Actually, at least three similar incidents have occurred in Chengdu recently, all involving netizens posting on social media linking Chengdu with homosexuality, resulting in legal repercussions. This isn’t just about giant pandas. I think the local police’s reaction was somewhat excessive,” said Renn Hao, a Chinese queer activist. “The content was actually praising Chengdu’s inclusivity, and there was no need to punish them with regulations like ‘maliciously spreading false information.’” 

“This situation reflects the strict censorship of LGBT related content in the area,” they added. “This censorship makes LGBT-related content increasingly invisible, and people are even more afraid to post or mention it. This not only impacts the LGBTQ+ community in China but also hinders public understanding and awareness of this group.”

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National

Federal authorities arrest Don Lemon

Former CNN anchor taken into custody two weeks after Minn. church protest

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Don Lemon (Screenshot via YouTube)

Federal authorities on Thursday arrested former CNN anchor Don Lemon in Los Angeles.

CNN reported authorities arrested Lemon after 11 p.m. PT while in the lobby of a hotel in Beverly Hills, Calif., while he “was leaving for an event.” Lemon’s lawyer, Abbe Lowell, in a statement said his client was in Los Angeles to cover the Grammy Awards.

Authorities arrested Lemon less than two weeks after he entered Cities Church in St. Paul, Minn., with a group of protesters who confronted a pastor who works for U.S. Immigration and Customs Enforcement. (An ICE agent on Jan. 7 shot and killed Renee Good, a 37-year-old Minneapolis woman who left behind her wife and three children. U.S. Customs and Border Protection agents on Jan. 24 shot and killed Alex Pretti, a 37-year-old nurse who worked for the Department of Veterans Affairs, in Minneapolis.)

Lemon insists he was simply covering the Cities Church protest that interrupted the service. A federal magistrate last week declined to charge the openly gay journalist in connection with the demonstration.

“Don Lemon was taken into custody by federal agents last night in Los Angeles, where he was covering the Grammy awards,” said Lowell in his statement. “Don has been a journalist for 30 years, and his constitutionally protected work in Minneapolis was no different than what he has always done. The First Amendment exists to protect journalists whose role it is to shine light on the truth and hold those in power accountable.”

“Instead of investigating the federal agents who killed two peaceful Minnesota protesters, the Trump Justice Department is devoting its time, attention and resources to this arrest, and that is the real indictment of wrongdoing in this case,” Lowell added. “This unprecedented attack on the First Amendment and transparent attempt to distract attention from the many crises facing this administration will not stand. Don will fight these charges vigorously and thoroughly in court.”

Attorney General Pam Bondi on X confirmed federal agents “at my direction” arrested Lemon and three others — Trahern Jeen Crews, Georgia Fort, and Jamael Lydell Lundy — “in connection with the coordinated attack on Cities Church in St. Paul, Minnesota.”

Fort is also a journalist.

Lemon, who CNN fired in 2023, is expected to appear in court in Los Angeles on Friday.

“Freedom of the press is a cornerstone of a free society; it is the tool by which Americans access the truth and hold power to account. But Donald Trump and Pam Bondi are at war with that freedom — and are threatening the fundamentals of our democracy,” said Human Rights Campaign President Kelley Robinson on Friday in a statement. “Don Lemon and Georgia Fort were doing their jobs as reporters. Arresting them is not law enforcement it is an attack on the Constitution at a moment when truthful reporting on government power has never been more important. These are the actions of a despot, the tactics of a dictator in an authoritarian regime.”

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