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Dem senators from Dakotas, Virginias leaning ‘yes’ on ENDA

Frank says supporters must now ‘do the lobbying’

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A gay lawmaker in Virginia said he has ‘every confidence’ that U.S. Sen. Mark Warner ‘will do the right thing and support’ the Employment Non-Discrimination Act. (Photo courtesy Warner’s office)

All but one of the Democratic senators from North Dakota, South Dakota, Virginia and West Virginia who are uncommitted on the Employment Non-Discrimination Act appear to be leaning toward voting for the bill, according to LGBT activists.

The six Democratic senators from the four states are among 16 uncommitted Senate Democrats that LGBT lobbyists say will play a pivotal role in determining whether ENDA will be enacted into law this year.

“I’m fairly confident our senators will vote for it,” said Joshua Boschee, a member of the North Dakota Human Rights Coalition, which advocates on behalf of gay and non-gay issues.

Boschee was referring to North Dakota Sens. Kent Conrad and Byron Dorgan, who are both Democrats. The two, along with Sens. Tim Johnson (D-S.D.), Mark Warner (D-Va.) and John Rockefeller (D-W.Va.) are said to be good candidates to vote for ENDA.

Activists from West Virginia, however, are less certain about Sen. Robert Byrd (D-W.Va.), who has declined to say how he will vote on the bill.

If passed, ENDA would ban job discrimination based on sexual orientation and gender identity in most employment situations. It does not apply to businesses with fewer than 15 employees, religious organizations and the military.

The Human Rights Campaign, which is coordinating formal lobbying efforts for the bill, has said at least 53 senators were expected to vote for ENDA. But the group’s deputy legislative director, David Stacey, said it’s uncertain whether 60 senators can be lined up to defeat a filibuster, which Republican opponents were expected invoke to kill the bill.

As of two weeks ago, HRC and ENDA supporters in the House of Representatives predicted the bill would reach the House floor this spring. But last week, gay U.S. Rep. Jared Polis (D-Colo.), a strong ENDA supporter, told LGBT activists he was uncertain when the bill would come up for a House vote.

Polis made his comments to protesters with the group GetEqual, who on April 15 interrupted a hearing held by the House Committee on Education & Labor, which has jurisdiction over ENDA.

The protesters boisterously called on Rep. George Miller, the committee’s chair, to hold an “immediate” committee vote to send ENDA to the House floor. Polis, a member of the committee, motioned for the protesters to follow him outside the hearing room, where he said he would talk to them about ENDA.

According to Polis, whose remarks were recorded on GetEqual cameras, ENDA supporters in the House want to ensure there are enough votes to kill any Republican-sponsored motion to recommit ENDA to committee. The video’s audio quality of the video is poor, and not all of Polis’s remarks to the protesters could be heard.

“The congressman was saying that [House Democratic] leadership needs to make sure they have the votes lined up to fight off any motion to recommit, not that they don’t have the votes to pass the bill,” said Lara Cottingham, Polis’s press spokesperson. “He is confident that we will get to a floor vote, but wants to make sure it is done in the right way.”

One possible motion to recommit the bill to committee could force the House to hold a recorded up-or-down vote on whether the transgender provision should stay in the bill, a vote that some House members fear could hurt them at the polls in the upcoming congressional elections, according to some Capitol Hill observers.

Gay Rep. Barney Frank (D-Mass.), ENDA’s lead sponsor in the House, told the Washington Blade this week that he remains optimistic about the bill’s overall prospects in the House. But he repeated concerns he raised earlier in the month that not enough people in the LGBT community are being aggressive enough in lobbying their representatives to vote for the bill.

He said too many people in the gay community “want to play prognosticator and not do the lobbying.”

“We are in a fight,” Frank said. “The [House] leadership is committed. We have a large number of votes. What we need are people to call their representatives and tell them to vote for this and then call their senators.”

He said the decision by protesters to disrupt Miller’s committee hearing “was about as unhelpful as could be,” and described the protesters as “people with Tea Party envy.”

Robin McGehee, co-chair of GetEqual, said Miller and other House Democratic leaders keep postponing the projected date for a committee markup on ENDA, which is required before it can reach the House floor for a vote.

“We get a different story from them every week,” she said. “We’re trying everything. We’ve lobbied, we’ve written letters, we’ve made phone calls and now we’re going to start using direct action. The reality is Miller is not taking action as it is, so the only alternative we have is to take action against him.”

Frank said two weeks ago that he favors holding a House vote on ENDA even if it’s uncertain the bill would pass or supporters could beat back a harmful motion to recommit. He noted that it’s important for the LGBT community to have such a vote.

But an aide to the House Democratic leadership, who spoke on condition of anonymity, said this week that an ENDA vote would not be held if there aren’t enough votes to pass it.

“We’re not going to bring it up if it will fail,” said the aide. “That would be harmful to the bill’s prospects in the future.”

But Mara Keisling, executive director of the National Center for Transgender Equality and an active lobbyist for ENDA, said she agrees with Frank that a House vote on ENDA should be held regardless of whether its passage is absolutely certain.

“We are so close, and we’re certainly over the top on the overall bill,” she said. “Whatever bill goes to the House floor will pass. So it’s a question of how close we are to assurances on hypothetical motions to recommit.

“All of them at this point are entirely hypothetical. And there’s no way to be absolutely positive because the motion to recommit could be something we didn’t anticipate,” Keisling said. “It could be something that is not a big deal to us.”

Keisling noted, however, that if there is an attempt to delete the transgender provision from the bill, she’s optimistic that the bill’s supporters will have the votes to defeat such a motion.

She said that for other bills, Democratic leaders have sometimes pulled the bill off the House floor if it appears they don’t have the votes to kill a damaging motion to recommit and that the motion to recommit is deemed unacceptable. She noted that would happen in the unlikely development that ENDA supporters don’t have the votes to defeat a motion to recommit that’s deemed unacceptable.

Amid the House uncertainty, activists are increasingly hopeful for the bill’s prospects in the Senate.

Boschee of North Dakota noted that the North Dakota Senate recently passed a state version of ENDA that includes a transgender protection provision. Although the state’s House of Representatives defeated the bill, Boschee said its approval in the state Senate has generated new energy among LGBT advocates in the state, prompting greater support for the version of ENDA pending in Congress.

“We are asking state senators who voted for the state bill to lobby our congressional delegation” on ENDA, Boschee said.

And Karen Mudd, an official with Equality South Dakota, a statewide LGBT advocacy group, said the group is optimistic that Johnson will vote for ENDA, even though he’s declined to sign on as a co-sponsor of the bill.

“Sen. Johnson’s staff has been very receptive to our requests that he support ENDA,” Mudd said. “He has a policy in his Senate office of non-discrimination based on sexual orientation. We’re asking him to expand that to include gender identity.”

In Virginia, Sen. Jim Webb, a Democrat, signed on as an ENDA co-sponsor earlier this year. Warner, his Democratic colleague in the Senate, has so far declined to co-sponsor the bill. But LGBT activists say Warner has expressed general support for a federal non-discrimination bill covering gays, and they are hopeful that Warner will vote for a trans-inclusive ENDA this year.

“I’ve known Sen. Warner for a dozen years,” said Jay Fissette, the openly gay chair of the Arlington County Board. “I have every confidence that he will do the right thing and support ENDA.”

Stephen Skinner, president of the board for the state LGBT group Fairness West Virginia, said his group has been actively lobbying Byrd and Rockefeller on ENDA.

“I am very hopeful that Sen. Rockefeller will vote for it and will soon become a co-sponsor,” said Skinner. “I’m also hopeful that Sen. Byrd will do the right thing on ENDA.”

Skinner said that few West Virginians following the issue expect Byrd to disclose his plans until an ENDA vote occurs on the Senate floor, where he has served for an unprecedented 51 years. Byrd, 92, has served in the Senate and in Congress longer than anyone in U.S. history.

Some Capitol Hill observers think his long record of leaning toward conservative views on social issues might prompt him to vote against the bill or to abstain from voting on ENDA. He was absent from the vote last year on a hate crimes bill that included protections for gay and transgender people.

But one source familiar with Byrd, who spoke on condition of not being identified, speculated that Byrd might vote to defeat an ENDA filibuster, even if he votes against the bill itself. A vote against a filibuster would, in effect, be a vote for the bill since ENDA supporters believe they have more than the 50 votes needed to pass the bill in an up-or-down vote.

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New York

Men convicted of murdering two men in NYC gay bar drugging scheme sentenced

One of the victims, John Umberger, was D.C. political consultant

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(Washington Blade photo by Michael K. Lavers)

A New York judge on Wednesday sentenced three men convicted of killing a D.C. political consultant and another man who they targeted at gay bars in Manhattan.

NBC New York notes a jury in February convicted Jayqwan Hamilton, Jacob Barroso, and Robert DeMaio of murder, robbery, and conspiracy in relation to druggings and robberies that targeted gay bars in Manhattan from March 2021 to June 2022.

John Umberger, a 33-year-old political consultant from D.C., and Julio Ramirez, a 25-year-old social worker, died. Prosecutors said Hamilton, Barroso, and DeMaio targeted three other men at gay bars.

The jury convicted Hamilton and DeMaio of murdering Umberger. State Supreme Court Judge Felicia Mennin sentenced Hamilton and DeMaio to 40 years to life in prison.

Barroso, who was convicted of killing Ramirez, received a 20 years to life sentence.

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National

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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