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Filibuster threat makes ENDA unlikely in 2010

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A small corps of LGBT political insiders, speaking on condition that they not be identified, believe the Employment Non-Discrimination Act is headed for almost certain defeat this year because supporters can’t line up the 60 votes in the Senate needed to overcome a filibuster.

Breaking what some have called an informal code of silence adopted by mainline LGBT political organizations, at least four sources familiar with the gay and transgender civil rights bill said the lack of Senate votes became clear long before Republican Scott Brown won his upset victory last week in Massachusetts.

“What we’re hearing is there is just no clear path to pass ENDA in the Senate,” said one activist familiar with the bill’s lobbying effort. “They don’t think they have 60 votes to pass it.”

Another source with ties to Capitol Hill and national LGBT political groups based in Washington was more definitive.

“ENDA has been off the agenda since before the Massachusetts election because they couldn’t secure the votes in the Senate,” the source told DC Agenda.

The bill would bar private sector employment discrimination based on an individual’s sexual orientation or gender identity.

Opposition to the gender identity provision, included to help protect transgender people, is among the contributing factors that’s prevented supporters from lining up the needed 60 votes to break a filibuster, one of the sources said.

The Human Rights Campaign, National Gay & Lesbian Task Force, and National Center for Transgender Equality — three leading groups working on ENDA — say they are confident the House of Representatives will pass ENDA in the summer or early fall.

Officials with HRC and NCTE have said they remain hopeful that Democrats and a few moderate Republicans in the Senate will unite to defeat a filibuster and pass the long-awaited LGBT civil rights measure.

“I’m still optimistic,” said veteran transgender activist Mara Keisling, executive director of NCTE. “The Senate’s always been the harder challenge on every piece of legislation, not just on LGBT legislation. So the Senate’s a challenge; we’ll get there.”

As of this week, the bill had 194 co-sponsors in the House and 44 co-sponsors in the Senate. Only two of the Senate co-sponsors are Republicans: Sens. Susan Collins and Olympia Snowe, both from Maine.

When combined with its lead sponsor in the House, Rep. Barney Frank (D-Mass.), and the lead sponsor in the Senate, Sen. Jeff Merkley (D-Ore.), the measure has what most observers believe to be at least 195 certain votes in the House and 45 assumed votes in the Senate.

Frank and Speaker of the House Nancy Pelosi (D-Calif.), a longtime supporter of ENDA, have said they were confident that backers would line up more than the 218 House votes needed to pass the bill.

But in the Senate, LGBT civil rights lobbyists have been reluctant to reveal the findings of their highly confidential head counts, including leanings of the 17 Senate Democrats that have not signed on as co-sponsors. Among them are Sens. Jim Webb and Mark Warner, both of Virginia.

A longtime practice in Washington lobbying has been to hold off on publicly disclosing the names of lawmakers who are uncommitted or say they are leaning against a bill, with the hope that they could be persuaded to change their minds. If a lawmaker is pressured to publicly declare his or her position, the lawmaker is less likely to switch positions out of fear of being labeled a flip-flopper, according to seasoned lobbyists and members of Congress.

One of the sources who told DC Agenda that ENDA appears dead in the Senate said that groups like HRC, the Task Force and NCTE are diligently working behind the scenes to line up more Senate Democrats to commit to voting for cloture, the parliamentary procedure used to end a filibuster. Sixty votes are needed to invoke cloture.

Most political observers believe supporters have the 51 votes to pass the bill in the 100-member Senate, if a filibuster can be broken.

Allison Herwitt, HRC’s legislative director, was circumspect about ENDA’s prospects in the Senate in an interview earlier this month with DC Agenda.

“We have education that we need to do and have conversations,” she said. “I know that Sen. Merkley and his staff have been really on top of this, and having those conversations staff-to-staff — and the senator is having colleague-to-colleague conversations. And we just need to continue some of that process and then see where we are with the vote count.”

Asked whether the gender identity provision could be a problem in the Senate, Herwitt said, “I think what I’m saying is we’re still in the process of figuring all of that out. The conversations are still happening; the education process is still ongoing.” She added that HRC is pushing hard for a “fully inclusive bill.”

Spokespeople for the Task Force, National Stonewall Democrats, Lambda Legal Defense & Education Fund and the ACLU’s LGBT Rights Project did not return calls this week seeking comment on the reports that ENDA backers may be unable to break a Senate filibuster.

Jim Manley, a spokesperson for Senate Majority Leader Harry Reid (D-Nev.), said it’s too soon for Reid to assess ENDA’s chances on the Senate floor because the bill has yet to be reported out of committee.

Last November, the Senate’s Health, Education, Labor & Pensions Committee, chaired by Sen. 
Tom Harkin (D-Iowa), an ENDA co-sponsor, held a legislative hearing on the bill. At the time of the hearing, Harkin promised to hold a markup hearing on the bill this year, but he did not set a date for the markup.

Markup hearings are required under both House and Senate rules for making final revisions of bills before voting in committee to send them to the floor for a vote by the full House or Senate.

“In the hearing, Sen. Harkin said that he wants to move the bill this year,” said Bergen Kenny, Harkin’s press secretary, in an e-mail this week to DC Agenda. She did not respond to questions about when Harkin would hold the markup or whether he was aware of reports that supporters lacked the votes to break a filibuster.

Julie Edwards, Merkley’s press secretary, pointed to a statement by Harkin at the legislative hearing last November that he would like to see the bill moved to the Senate floor in the spring of 2010.

“I would say that’s the goal,” Edwards said. “That’s what we’re working toward. We continue to reach out to other offices. I know supporters of this legislation are doing the same.”

Asked if Merkley believes he has 60 votes to break a filibuster, Edwards said, “We haven’t done a whip count on this. But we’re continually building support for the bill.”

Although many Capitol Hill observers think the House will pass ENDA sometime this year, Frank raised concerns among some activists earlier this month when he told the Advocate that lawmakers still have problems with the bill’s transgender provision.

“There continues to be concerns on the part of many members about the transgender issue, particularly about the question of places where people are without their clothes — showers, bathrooms, locker rooms, etc.,” the Advocate quoted him as saying.

“We still have this issue about what happens when people who present themselves as one sex but have the physical characteristics of the other sex, what rules govern what happens in locker rooms, showers, etc,” he said.

Frank was out of the country on House business this week and could not be reached. His press secretary, Harry Gural, said Frank’s comments to the Advocate should not be interpreted to mean that the congressman feels the bill is in trouble in the House.

“They don’t expect a holdup on this,” said Gural, who added that no one familiar with the bill believes an attempt will be made to remove the transgender provision.

He was referring to a blowup in 2007, when Frank and House Democratic leaders determined there weren’t enough votes in the House to pass a trans-inclusive version of ENDA. At Frank’s urging, House Democrats introduced and pushed through the full House a revised bill that didn’t include protection for transgender people. The bill died a year later when the Senate failed to act on it following an outcry by many activists urging the Senate not to pass it.

“Barney said that is not going to happen this time,” Gural said.

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National

HRC condemns DoE removal of LGBTQ bullying data from federal survey

Organization cites rise in homophobic, transphobic policies, worse mental health outcomes

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Department of Education. (Public domain photo)

The Human Rights Campaign is slamming the White House — and the Department of Education — following their removal of some LGBTQ bullying data from federal data collection.

The Civil Rights Data Collection is a mandated survey of all public school districts that collects figures on a wide variety of statistics about students — including demographics that include race, ethnicity, sex, disability status, and English learner status; course-level enrollment data, such as how many students are enrolled in advanced placement or honors classes; and school climate information, such as rates of bullying, harassment, suspensions, and expulsions.

That data collection has been ongoing since 1968 — nearly six decades — but now has a major change in what questions are being asked, or not asked, that advocates are largely attributing to the Trump-Vance administration’s culture war fight on LGBTQ children in the country.

Changes to the 2025-2026 survey questions — approved by the Office of Budget and Management in July — eliminated a space for schools to report how many students identify as nonbinary, how often those students are victims of harassment and bullying, and whether school districts have policies prohibiting gender identity-based incidents.

K-12 Dive, a publication that focuses its reporting on news related to K-12 education, first published a list of these data collection changes from 2024-2025 to 2025-2026.

These questions, as well as others that included LGBTQ student topics on treatment in schools, were added to the CRDC under the Biden-Harris administration. By including these questions, policymakers hoped this would lead to increased investigations into discrimination complaints, initiate compliance reviews, and provide policy guidance to districts, according to Education Department documents.

The CRDC also eliminated the mention of “gender identity” from the definition of rape and sexual assault. The prior collection of data (before the Trump-Vance administration changed it) defined rape as something that could be done to “all students, regardless of sex, or sexual orientation, or gender identity.” Now, the new data collection questions say, “All students, regardless of sex, or sexual orientation can be victims of rape,” removing “gender identity” from the new definition.

By removing and changing definitions, this could have a real-world impact on some of the school’s most vulnerable students. According to CRDC data from 2021-2022, more than 1,800 school districts reported enrolling one or more nonbinary students.

Additional data also shows that the changes to data collection is harming public school students. U.S. Sen. Bernie Sanders (I-Vt.), the ranking member of the Senate Health, Education, Labor, and Pensions Committee released a report in April finding that the Trump-Vance administration’s efforts to all but close the Department of Education Office for Civil Rights has left students facing discrimination and harassment throughout the country without the federal recourse they are entitled to under federal law.

The Williams Institute, a think tank that collects data and conducts research on issues related to sexual orientation and gender identity, has data indicating the true number of nonbinary and transgender children is much higher — they estimate that for children ages 13 to 17, nearly 724,000 identify as nonbinary or trans.

This is in line with a slew of policies pushed by the Trump-Vance administration since their federal takeover. Within his first day in office, President Donald Trump signed Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This directive attempts to make the federal definition of gender unchangeable, determined by sex assigned at birth alone.

Within his first month of his second term, Trump issued Executive Order 14187, titled “Protecting Children from Chemical and Surgical Mutilation.” The order directs federal agencies to restrict gender-affirming medical care — including puberty blockers, hormone therapy, and surgeries — for individuals under the age of 19.

He also pushed multiple anti-trans executive orders, including Executive Order 14201, “Keeping Men Out of Women’s Sports,” and Executive Order 14183, “Prioritizing Military Excellence and Readiness,” targeting trans athletes and military members, respectively.

These policies have a real-world impact on trans people.

The Trevor Project, a nonprofit dedicated to crisis and suicide prevention for LGBTQ people under 25, reported that, for the seventh year in a row, LGBTQ youth are at higher risk for suicide as a result of mistreatment and stigmatization.

Trevor Project data showed that nearly 60 percent of LGBTQ young people ages 13-17 said they were bullied in the past year, and that 36 percent of LGBTQ youth seriously considered suicide in the last year. The data shows a bigger discrepancy for trans youth, with that number hovering around 40 percent considering suicide.

HRC President Kelley Robinson issued a statement following the approval of the new data collection questions that leaves LGBTQ students’ bullying statistics under — if not completely unreported.

“If there was even a shadow of a doubt, this latest move by the Trump administration makes it abundantly clear they do not care about the safety of LGBTQ+ students, and trans students in particular,” Robinson said. “These are adults who should be protecting our kids. And instead, they are making sure bullying and harassment are not tracked. If they are not tracked, bullying and harassment cannot be prevented or stopped — which is exactly what the Trump administration wants. Parents deserve to know their kids are safe at school, and every single young person deserves dignity and safety at school. Anything less is plain evil.”

HRC has a “Welcoming Schools” initiative that they say is the “most comprehensive” bias-based bullying prevention program in the nation. The program includes LGBTQ and gender-inclusive resources for schools, help navigating special education and disability resources for LGBTQ-identifying students, and other tools to help schools become more inclusive.

This program has been in effect for nearly two decades and, according to HRC, reaches nearly 750,000 students.

The Washington Blade reached out to both the Department of Education and Office of Management and Budget for comment but did not receive a response by publication time.

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Michigan

Progressives score victory as El-Sayed wins Mich. Senate primary

Democratic newcomer will face Rogers in November

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Democratic Senate candidate Abdul El-Sayed (Screen capture via MS NOW/YouTube)

Michigan held its primary on Tuesday, allowing the two major political parties to select their nominees to go head-to-head for the state’s U.S. Senate seat.

NBC News called the Democratic race early, giving the victory to physician Abdul El-Sayed over incumbent U.S. Rep. Haley Stevens (D-Mich.) in an extremely close primary. El-Sayed won 48.5 percent of the primary vote, with Stevens trailing by just one percentage point at 47.5 percent.

Both candidates have campagined on supporting the LGBTQ community through different avenues— for El-Sayed he focused on his past promoting HIV and PrEP funding and research. Stevens focused on her legislative history working to support transgender rights in the state.

This is a major win for progressive Democrats, who have been bearing the brunt of political attacks from President Donald Trump, the Republican Party, and centrist Democrats.

El-Sayed, a former health director in Detroit, ran his campaign largely on making life in the Great Lakes State more affordable amid rising costs. His policies include promoting “Medicare for All,” pushing health policy that targets the regressive efforts of the Trump-Vance administration that rolls back funding for both Women and LGBTQ people, minimizing the growing amount of money in politics, and he was very vocal in his criticism of Stevens for supporting aid to Israel. He was endorsed by two major progressives — U.S. Sen. Bernie Sanders (I-Vt.) and U.S. Rep. Alexandria Ocasio Cortez (D-N.Y.).

Stevens, the four-term congresswoman, is much closer to establishment Democrats on policy than El-Sayed.

During her time in the federal government, she has consistently supported the Equality Act, which would add sexual orientation and gender identity as protected classes under the Civil Rights Act of 1964. She has also emphasized supporting local manufacturing and lowering housing costs in the state.

She was named to Advocates for Trans Equality’s 118th Congressional Champions list for her pro-trans policies and was endorsed by establishment heavy hitters Michigan Gov. Gretchen Whitmer and Senate Minority Leader Chuck Schumer (D-N.Y.).

The contentious race boiled down not only to Michigan affairs but also extended to international conflicts — namely Palestine. (South Africa has filed a case in the International Court of Justice in The Hague that accuses Israel of committing genocide in the Gaza Strip after Oct. 7.) This primary also acted as one of the first major races that pushed back against AIPAC, a lobbying group that works to promote pro-Israel candidates in U.S. elections. The group has been involved in domestic politics since 1954.

AIPAC devoted a massive amount of money to this race.

The Associated Press reported that the pro-Israel lobbying group spent more than $30 million on ads against El-Sayed because of his vocal denunciation of Israel and his continued criticism of its policies towards Palestine.

Michigan has a large Muslim and Arab American population, which could, in part, explain how El-Sayed was able to win.

The Republican side was far less competitive. Former U.S. Rep. Mike Rogers (R-Mich.) ran unopposed and clinched the GOP nomination. He has consistently held anti-LGBTQ positions, going as far as voting multiple times for a federal constitutional amendment to ban same-sex marriage, voting against repealing the military’s “Don’t Ask, Don’t Tell” policy, and supporting efforts to directly target the attempted expansion of Title IX protections to include trans people.

El-Sayed will face off against Rogers in November for Michigan’s Senate seat — one that could have lasting impacts not only on the state’s politics but also on the Republicans’ narrow Senate majority and Trump’s political agenda.

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White House orders warning signs at Smithsonian over gender identity exhibits

Administration criticizes National Museum of American History

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Secretary of the Interior Doug Burgum is expected to install warning signs outside the National Museum of American History warning visitors of supposedly anti-American content. (Photo courtesy of the Office of the Governor of North Dakota)

The Trump administration will install temporary warning signs outside the Smithsonian’s National Museum of American History after releasing a report accusing the museum of promoting what it calls “radical” gender ideology and other politically biased content.

According to the Executive Order, “For purposes of policy formulation under EO 14253, this review of the National Museum of American History concludes that NMAH, by the intention and at the direction of current Museum and Smithsonian leadership, has become subject to institutional capture by a radical, activist ideology that is fundamentally opposed to telling the noble, honest story of the great country we know and love.”

Executive Order 14253 refers to what the White House has deemed the “Restoring Truth and Sanity to American History” order. Therefore, the Trump administration has said it will take all available steps to ensure that the issues in the report are addressed and rectified.

Without specifying, the White House has stated that warnings will be posted along NMAH to alert visitors to sections of the museum it has deemed are in violation according to the report.

“The Secretary of the Interior, acting through the Director of the National Park Service (NPS) and in coordination with the Assistant to the President for Domestic Policy, shall install temporary signage along the NPS-maintained sidewalks and walkways used by the public to access the Museum, informing visitors of the findings of the Report and of the policy set forth in section 1 of this order,” the Executive Order states.

The warnings were raised in a 162-page report issued by the Domestic Policy Council. The report detailed ways in which the National Museum of American History (NMAH) has “poorly” portrayed American history and insufficiently highlighted the founding story during America 250th celebrations.

The report outlined key findings of the NMAH. One of these findings was the Center for Restorative History within the museum, which has stated its purpose is to “encourage systemic change” by highlighting diverse groups. However, the report states that it highlights every group of Americans except for straight and white Americans.

The Domestic Policy Council accused the museum of engaging in “transgender activism.” According to the report, examples include referring to “biological men” as women or girls, displaying what it describes as sexually suggestive content, and incorporating discussions of gender fluidity, gender identity, and gender nonconformity into the museum’s educational curriculum, “Becoming US.”

The report also criticizes the curriculum for using the term “transgender” when discussing gender-nonconforming people and encouraging individuals to ask a person’s pronouns when meeting them. It further objects to exhibits stating that “transgender, nonbinary, and cisgender female athletes” continue to struggle for and demand equality.

It also condemns what it refers to as explicit content in an exhibition, “Girlhood (It’s Complicated)”, such as chest binders, questioning gender testing in women’s sports, and referring to biological females as “people inhabiting female bodies.”

Additionally, the report accuses the museum of no longer participating in flag-celebrating ceremonies because it was “too busy” preparing for June Pride and WorldPride events. It states, “As Director Hartig explained in a June 2024 presentation, all her attention was focused on flying the Smithsonian Pride Alliance’s ‘intersexual pride flag during June’ in 2023 and 2024.”

On July 9, the American Historical Association issued a statement rejecting the report’s findings.

In regard to the report, it states, “Its anonymous authors overlook a central lesson of the nation’s founding: the United States was forged by finding common purpose amid intense divisions, conflicts, and disagreements.” They argue that only “honest history” can tell the true history of the nation.

House Republicans led a subcommittee hearing that questioned Smithsonian Director Hartig extensively. A main focus of the questions was on the exhibits related to gender identity and whether they were appropriate. In the hearing, Rep. Nancy Mace asked: “When was your gender revealed to you, Dr. Hartig?”

In response to questioning, Hartig stated that the institution is nonpartisan and does not push a specific agenda.

Hartig published a two-page statement ahead of her hearing outlining her thoughts on the situation. In the report, she states that the institution is always open to criticism and will continue to look for ways to improve, but she sees the report as misleading.

“I can attest that the report does not fairly characterize the full body of work at this museum. I am familiar with the depth and breadth of our collections, exhibits, and programming. And while I recognize there is always room for improvement, I also know the beauty, inspiration, and expertise that exists in our museum,” Hartig wrote.

Democrats created their own 16-page report as a rebuttal to the Domestic Policy Council’s report. It argued that the attacks by the current Trump administration are another example of its attempt to rewrite history. Additionally, the report states that no policy changes were included in the Executive Order, as that is beyond the President’s role. “The Report recommends nothing. That is no accident. To recommend an action, the Report would need to identify who is legally empowered to take it, and its own opening chapter concedes the President’s only power is to ‘urge’,” House Democrats wrote.

It is still unclear when the temporary warnings will be installed or what form they will take beyond the requirements outlined in the executive order.

An exhibit at the Smithsonian. (Washington Blade photo by Landon Shackelford)

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