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ENDA votes needed from Reid, Baucus, Nelson

Senators, scarred from health care battle, uncommitted on bill

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U.S. Sen. Ben Nelson supports efforts to ban employment discrimination based on sexual orientation, but it’s unclear whether he supports broadening such protections to include discrimination based on gender identity. (Photo courtesy of Nelson’s office)

At least three highly influential Democratic senators who became embroiled in the contentious fight over President Obama’s health care reform bill have yet to co-sponsor for the Employment Non-Discrimination Act.

But Senate Majority Leader Harry Reid (D-Nev.) and Sens. Max Baucus (D-Mont.) and Ben Nelson (D-Neb.) — each considered battled scarred over the health care fight — have expressed general support for legislation to ban employment discrimination based on sexual orientation.

Reid and Baucus voted for an earlier version of ENDA in 1996, when it lost in a close Senate vote, prompting LGBT lobbyists to express optimism over the two senators’ votes should ENDA come before the Senate this year.

Reid and Baucus have not taken a public stand on the gender identity provision in the current version of the bill, which would ban employment discrimination against transgender people.

Reid, who received a perfect rating of 100 from the Human Rights Campaign for the period of 2008-2009, is facing a tough re-election fight, with at least two possible Republican challengers leading in polls by double digits.

Last year, his spokesperson, Jim Manning, said Reid supports ENDA and would take steps to bring it to the Senate floor at the appropriate time.

Reid, Baucus and Nelson are among 16 Senate Democrats who haven’t co-sponsored ENDA and whose support is considered crucial to the bill’s passage.

Although HRC, which is leading the formal lobbying effort for ENDA, believes there are more than 50 senators poised to vote for the measure, the group acknowledges it’s uncertain whether supporters can garner the 60 votes needed to overcome an expected filibuster intended to kill the bill.

“I believe we have 53 or more votes for the bill itself,” said David Stacy, HRC’s deputy legislative director.

Stacy noted that 63 senators voted last year to break a filibuster for a hate crimes bill that included protections for gay and transgender people, enabling the bill to pass. The bill was the first congressionally passed civil rights legislation to protect gay and transgender people.

Stacy said HRC was hopeful, but uncertain whether 60 senators could be lined up to break an ENDA filibuster.

Nelson, like Reid and Baucus, has expressed general support for non-discrimination legislation based on sexual orientation. And he, too, voted for the trans-inclusive hate crimes bill.

Unlike Reid, Baucus and Nelson are not facing a re-election fight this year, another factor that activists hope will encourage them to support ENDA.

Baucus’ Montana colleague, Sen. John Tester (D-Mont.) also has not yet become an ENDA co-sponsor. His office did not respond to calls by press time seeking his position on the bill.

Similar to Baucus, Nelson and Reid, Tester has a mixed record on LGBT rights. He has expressed opposition to gay marriage but has said he opposes a U.S. constitutional amendment to ban it. Tester voted for the hate crimes bill last year.

Meanwhile, Sen. Kay Hagan (D-N.C.), another lawmaker not currently co-sponsoring ENDA, is among the Democrats that LGBT activists are hoping will come through with another needed vote on ENDA. Like the other senators, she has expressed general support for LGBT equality but declined to sign on as an ENDA co-sponsor.

“I think she would probably vote for it,” said Hastings Wyman, editor of Southern Political Report, an authoritative newsletter about politics in the South. “She voted for health care and she has another four years before she comes up for re-election.”

The offices of Baucus, Tester, Nelson, and Hagan did not return calls seeking their current positions on ENDA.

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Medical groups file lawsuit over Trump deletion of health information

Crucial datasets included LGBTQ, HIV resources

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HHS Secretary Robert F. Kennedy Jr. is named as a defendant in the lawsuit. (Washington Blade photo by Michael Key)

Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.

The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.

“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.

 “These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.

It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”

 The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question. 

A White House spokesperson couldn’t immediately be reached for comment on the lawsuit. 

While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management. 

The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.

 Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.   

“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.

 “Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says. 

Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”

 Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”

Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.

 “As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from  the Washington Blade. 

“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said. 

The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”

It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”

The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society. 

The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.

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U.S. Federal Courts

Federal judge scraps trans-inclusive workplace discrimination protections

Ruling appears to contradict US Supreme Court precedent

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Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas (Screen capture: YouTube)

Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas has struck down guidelines by the U.S. Equal Employment Opportunity Commission designed to protect against workplace harassment based on gender identity and sexual orientation.

The EEOC in April 2024 updated its guidelines to comply with the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), which determined that discrimination against transgender people constituted sex-based discrimination as proscribed under Title VII of the Civil Rights Act of 1964.

To ensure compliance with the law, the agency recommended that employers honor their employees’ preferred pronouns while granting them access to bathrooms and allowing them to wear dress code-compliant clothing that aligns with their gender identities.

While the the guidelines are not legally binding, Kacsmaryk ruled that their issuance created “mandatory standards” exceeding the EEOC’s statutory authority that were “inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.”

“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.

The case, which was brought by the conservative think tank behind Project 2025, the Heritage Foundation, presents the greatest setback for LGBTQ inclusive workplace protections since President Donald Trump’s issuance of an executive order on the first day of his second term directing U.S. federal agencies to recognize only two genders as determined by birth sex.

Last month, top Democrats from both chambers of Congress reintroduced the Equality Act, which would codify LGBTQ-inclusive protections against discrimination into federal law, covering employment as well as areas like housing and jury service.

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The White House

Trump travels to Middle East countries with death penalty for homosexuality

President traveled to Saudi Arabia, Qatar, and United Arab Emirates

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President Donald Trump with Saudi Crown Prince Mohammed bin Salman at the Saudi-U.S. Investment Forum in Riyadh, Saudi Arabia, on May 13, 2025. (Photo courtesy of the White House's X page)

Homosexuality remains punishable by death in two of the three Middle East countries that President Donald Trump visited last week.

Saudi Arabia and Qatar are among the handful of countries in which anyone found guilty of engaging in consensual same-sex sexual relations could face the death penalty.

Trump was in Saudi Arabia from May 13-14. He traveled to Qatar on May 14.

“The law prohibited consensual same-sex sexual conduct between men but did not explicitly prohibit same-sex sexual relations between women,” notes the State Department’s 2023 human rights report, referring specifically to Qatar’s criminalization law. “The law was not systematically enforced. A man convicted of having consensual same-sex sexual relations could receive a sentence of seven years in prison. Under sharia, homosexuality was punishable by death; there were no reports of executions for this reason.”

Trump on May 15 arrived in Abu Dhabi, the capital of the United Arab Emirates.

The State Department’s 2023 human rights report notes the “penalty for individuals who engaged in ‘consensual sodomy with a man'” in the country “was a minimum prison sentence of six months if the individual’s partner or guardian filed a complaint.”

“There were no known reports of arrests or prosecutions for consensual same-sex sexual conduct. LGBTQI+ identity, real or perceived, could be deemed an act against ‘decency or public morality,’ but there were no reports during the year of persons prosecuted under these provisions,” reads the report.

The report notes Emirati law also criminalizes “men who dressed as women or entered a place designated for women while ‘disguised’ as a woman.” Anyone found guilty could face up to a year in prison and a fine of up to 10,000 dirhams ($2,722.60.)

A beach in Dubai, United Arab Emirates, on Oct. 3, 2024. Consensual same-sex sexual relations remain criminalized in the country that President Donald Trump visited last week. (Washington Blade photo by Michael K. Lavers)

Trump returned to the U.S. on May 16.

The White House notes Trump during the trip secured more than $2 trillion “in investment agreements with Middle Eastern nations ($200 billion with the United Arab Emirates, $600 billion with Saudi Arabia, and $1.2 trillion with Qatar) for a more safe and prosperous future.”

Former President Joe Biden traveled to Saudi Arabia in 2022.

Saudi Arabia is scheduled to host the 2034 World Cup. The 2022 World Cup took place in Qatar.

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