National
Has the gay agenda been shelved?
Further action on LGBT bills looking less likely this Congress
On the long-stalled Employment Non-Discrimination Act, U.S. Rep. Barney Frank said ‘we’re still trying to figure out a way to get that done.’ (Washington Blade photo by Michael Key)
The limited time remaining in the legislative calendar for this Congress is raising questions about whether lawmakers will pass any further pro-LGBT bills before year’s end — and whether it will be politically feasible to pass such bills next year.
Congress advanced LGBT-related legislation last year when it passed hate crimes protections. This year, a measure that would lead to repeal of “Don’t Ask, Don’t Tell” seems likely to reach President Obama’s desk.
Still, some LGBT activists and voters are frustrated that Congress has taken no action to advance the Employment Non-Discrimination Act. Supporters of the legislation have said several times a vote was imminent, but no such action has yet been taken.
Other pending measures include the Domestic Partnership Benefits & Obligations Act, which would allow LGBT federal workers to receive spousal benefits for their same-sex partners, as well as the Uniting American Families Act and repeal of the Defense of Marriage Act.
Further complicating the situation is the specter of reduced Democratic majorities in the next Congress — or even a Republican takeover — and whether measures unaddressed this year would be viable in 2011.
Despite the limited time remaining this year, some LGBT rights supporters are hopeful that Congress will move forward with additional legislation. U.S. Rep. Barney Frank (D-Mass.), a gay lawmaker and House sponsor of ENDA, expressed optimism about the bill passing the House this year.
“That’s going to be next thing we’ll turn our attention to,” Frank said. “We have the speaker’s support and we’re still trying to figure out a way to get that done.”
The scheduling for a House vote on ENDA remains an issue. House Speaker Nancy Pelosi earlier told the Blade that a House vote on ENDA wouldn’t occur until Congress finishes legislative action on “Don’t Ask, Don’t Tell.”
Drew Hammill, a Pelosi spokesperson, said ENDA remains “a top priority for the speaker,” but a vote on the bill before work on “Don’t Ask, Don’t Tell” is complete “jeopardizes both initiatives.”
“Until then, we should encourage the Senate to develop a course for ENDA to ensure that when the House passes the legislation, the Senate can move quickly to send the legislation to the president’s desk,” Hammill said.
Frank said efforts toward repealing “Don’t Ask, Don’t Tell” displaced ENDA in the batting order for Congress because the fiscal year 2011 defense authorization bill came to lawmakers before a vote could happen on ENDA.
“If the defense authorization hadn’t come up earlier, we might have been able to do ENDA first,” he said.
Frank noted that he thinks the votes exist in the House to pass a trans-inclusive ENDA, but he wouldn’t give a timetable for when the legislation would move forward in Congress because he didn’t want to tip off opponents of the bill.
Michael Cole, a Human Rights Campaign spokesperson, said a House vote on ENDA is among the pro-LGBT items his organization has pressed for in the time remaining in this year’s legislative calendar.
“We’re certainly interested in seeing the House take a vote on ENDA,” Cole said. “We’ve been advocating for that for a long time, and as recess comes, we’ll be doing a lot of work to make sure our members are getting in touch with members of Congress to push for a vote on it.”
But if the House manages to pass ENDA this year, getting the legislation through the Senate remains a significant challenge. Sources have said 60 votes are lacking in the Senate to overcome a filibuster on the legislation. Also, because the Senate allows non-germane amendments, opponents of the bill could attach additional measures in an attempt to block its passage.
Still, Frank said he believes passage of ENDA in the Senate remains a possibility.
“If you ask them if they think they can pass it, they’ll say ‘no,’ so the important thing to do is for us [in the House] to try [to] pass it and send it over there, so they can’t just avoid it,” Frank said.
Activists also foresee a possibility of passing the Domestic Partnership Benefits & Obligations Act before year’s end.
Cole said the legislation, as well as the Tax Equity for Health Plan Beneficiaries Act, which would eliminate the tax penalty paid on employer-provided health insurance for domestic partners, could be made part of upcoming omnibus authorization or appropriations bills.
“We’re following what the plans appear to be on the Hill to see how we might be able to get those pieces of legislation [advanced] as part of them,” Cole said.
Frank also acknowledged the possibility of passing the Domestic Partnership Benefits & Obligations Act and said that legislation is “in serious conversation.”
Still, Frank noted the bill comes with a price tag — estimated at one time by the U.S. Office of Personnel Management to be $56 million a year — and that concerns associated with raising the federal deficit may cause problems in passing the bill.
Frank said finding a way to offset the legislation’s cost remains an issue for the Domestic Partnership Benefits & Obligations Act and “we have to find a way to pay for that.”
Whatever progress this Congress makes on passing pro-LGBT bills, recent polls are casting doubts on whether enough Democratic lawmakers will retain their seats next Congress to pass such bills.
Several recent polls have shown considerable opposition toward Democrats and the Obama administration as persistent unemployment and concerns about government spending linger across the country.
White House Press Secretary Robert Gibbs gained media attention and inspired consternation among Democratic House members when, during an appearance earlier this month on NBC’s “Meet the Press,” he said Republicans could regain control of the House.
“I think people are going to have a choice to make in the fall,” Gibbs said. “But I think there’s no doubt there are enough seats in play that could cause Republicans to gain control. There’s no doubt about that.”
Larry Sabato, a political scientist at the University of Virginia, is projecting that Republicans will win seven seats in the Senate and 32 seats in House after the election.
Because of this potential shift, Sabato said passage of more pro-LGBT bills next Congress is unlikely if it doesn’t happen this year.
“If these pieces of legislation don’t pass now, when both houses have swollen Democratic majorities, they certainly aren’t going to pass in the next Congress, when Democrats will have narrow majorities, or even be in the minority,” Sabato said.
Sabato said the loss of a half-dozen Democratic seats in the Senate could be enough to “kill these bills” entirely in the next Congress because proponents wouldn’t be able to find 60 votes to thwart a filibuster.
But Frank said the possibility of passing more pro-LGBT legislation in a future Congress is unknown because the fallout of the November elections is yet to be seen.
“I don’t think there’s any question there will be Republican gains in both chambers,” he said. “But what kind of gains? How much? Three senators? Eight senators? Fifteen representatives? Thirty-five representatives?”
Frank also said some members of Congress that would lose in the upcoming election wouldn’t “be supportive of ENDA anyway.”
Additionally, he said Congress could more easily take up other pro-LGBT bills in the future after items like hate crimes and “Don’t Ask, Don’t Tell” are off the table.
“To some extent, the more you have to work on, the harder it is to do any one of them,” he said.
Cole said although no one knows what the future holds for support for pro-LGBT legislation after year’s end, he noted several supportive incumbents are in danger of losing their seats.
“The thing to keep in mind, though, is cobbling together a pro-LGBT majority for any piece of legislation has never been a slam dunk,” Cole said. “It’s not necessarily about party affiliation — it’s about people who have taken stances toward equality measures.”
Federal Government
Protesters say SAVE Act targets voters, transgender youth
Bill described as ‘Jim Crow 2.0’
Members of Congress, advocates, and people from across the country gathered outside the U.S. Capitol on Tuesday to protest proposed federal legislation that voting rights activists have deemed “Jim Crow 2.0.”
The Safeguard American Voter Eligibility (SAVE) Act would amend the National Voter Registration Act of 1993 to require in-person proof of citizenship for anyone seeking to vote in U.S. elections.
President Donald Trump has also pushed for the proposed legislation to include a section that would ban gender-affirming medical care for transgender minors, even with parental consent, and prohibit trans people from participating in school or professional sports consistent with their gender identity rather than their sex assigned at birth.
In addition to changing voter registration requirements, the bill would limit acceptable forms of identification to documents such as a birth certificate or passport — records that the Brennan Center for Justice estimates more than 21 million Americans do not have — effectively restricting access to the ballot. It would also ban online voter registration, DMV voter registration efforts, and mail-in voter registration.
A 2021 investigation by the Associated Press found that fewer than 475 people voted illegally or improperly, a tiny fraction of the estimated 160 million Americans who voted in the 2020 election.
Senate Minority Leader Chuck Schumer (D-N.Y.) spoke at the event.
“It will kick millions of American citizens off the rolls. And they don’t even require you to be told,” the highest-ranking Democrat in the Senate told protesters and reporters outside the Capitol. “If this law passes — and it won’t — you’re gonna show up in November … and they’ll say… sorry, you’re no longer on the voting rolls.”
He, like many other speakers, emphasized the bill in the context of American history, pointing to what he described as its racist roots and its impact on Black and brown Americans.
“I have called this act, over and over again, Jim Crow 2.0 … because they know it’s the truth.”
U.S. Sen. Alex Padilla (D-Calif.) was one of the lawmakers leading opposition to the legislation and spoke at the rally.
“It’s not just voting rights that are on the line — our democracy is on the line,” the California lawmaker said. “It’s not a voter I.D. bill. It’s a bait and switch bill.”
He added historical context, noting the significance of voting rights legislation passed more than 60 years ago. In 1965, Alabama civil rights activists marched to protest barriers to voter registration. Alabama state troopers violently attacked peaceful demonstrators at the Edmund Pettus Bridge in Selma, using tear gas, clubs, and whips against more than 500 — mostly Black — protesters.
“61 years ago — not to the day — but this week, President Lyndon Johnson came to the Capitol and addressed a joint session of Congress in the wake of Bloody Sunday and pushed Congress to pass the Voting Rights Act,” Padilla said. “61 years later, Donald Trump and this Republican majority wants to take us backwards. We’re not gonna let that happen.”
U.S. Sen. Ben Ray Luján (D-N.M.) also spoke, emphasizing that he views the effort as a Republican-led and Trump-backed attempt to restrict voting access, particularly among Black, brown, and predominantly Democratic communities.
“President Trump told Republicans when they were meeting behind closed doors that ‘The SAVE Act will guarantee Republicans win the midterms and ensure they do not lose an election for 50 years,’” Luján said. “The first time I think Donald Trump’s been honest … This voter suppression bill is only that. Taking away vote by mail? I hope my Republican colleagues from states that voted for Donald Trump or where vote by mail is popular have the courage and the backbone to stand up and say no to this nonsense, because their constituents are going to push back.”
U.S. Sen. Lisa Blunt Rochester (D-Del.) also spoke.
“Our Republican colleagues have already cut Medicaid, Medicare, people don’t know how they’re gonna be able to afford energy,” she said, providing context for the broader political moment. “We’re in the middle of a war that they can’t even get straight while we’re in it and don’t have a way to get out of it. And we are now faced with defending our democracy?”
She then showed the crowd something that she said has been with her throughout her political journey in Washington.
“I brought with me something that I carried on the day that I was sworn into the House of Representatives when I was elected in 2016, and I carried it with me on the day that I was sworn in as United States senator. And I also carried it with me when I was trapped up in the gallery on Jan. 6 and all I could think to do was pray … This document allowed my great great great grandfather, who had been enslaved in Georgia, to have the right to vote. We took this and turned it into a scarf. It is the returns of qualified voters and reconstruction code from 1867. This is my proof of what we’ve been through. This is also our inspiration.”
“I got to travel between the Edmund Pettus Bridge two times. And even as I thought about this moment, I recognized that while we wish we weren’t in it, while we don’t know why we’re in it, I do know we were made for it … So I came today to tell you that, um, just like the leader said, that he calls it Jim Crow 2.0. I call it Jim Crow 2.NO.”
Kelley Robinson, president of the Human Rights Campaign, the largest LGBTQ advocacy organization in the U.S., also spoke, highlighting the impact of the bill’s proposed provisions affecting trans people.
“This bill is not about saving America. This bill is about stealing an election. This bill is about suppressing voters,” Robinson said. “This bill not only tries to disenfranchise voters that deserve their right to vote, it also tries to criminalize trans kids and their families … It tries to criminalize doctors providing medically necessary care for our trans youth.”
The SAVE Act passed the U.S. House of Representatives on Feb. 11 but has not yet been considered in the U.S. Senate.
Idaho
Idaho advances bill to restrict bathroom access for transgender residents
HB 752 passed in state House of Representatives on Monday
The Idaho House of Representatives passed House Bill 752 on Monday, a measure that would make it a crime for a person to use a bathroom other than the one designated for their “biological sex.”
The story was first reported by the Idaho Capitol Sun after the bill cleared the House.
House Bill 752 would make it a criminal offense — either a misdemeanor or a felony, depending on the number of prior offenses — for individuals who “knowingly and willfully” enter a bathroom or changing room designated for the opposite sex.
The bill would apply to public buildings, including government-owned spaces, and places of “public accommodation,” a category that includes private businesses.
According to the bill’s text, it would “prohibit a person from entering a restroom or changing room designated for the opposite sex; provide a penalty; provide exceptions; define terms; and declare an emergency and provide an effective date.”
A first offense would be a misdemeanor, punishable by up to one year in prison. A second or subsequent offense within five years would be a felony, punishable by up to five years in prison.
The bill passed in a 54–15 vote on Monday. Six Republicans broke with their party’s majority to join nine Democrats in opposing the measure.
The bill’s sponsor, state Rep. Cornel Rasor, a Republican from Sagle near the Washington-Idaho border, told House lawmakers that the legislation is intended to protect women and girls.
“It prevents discomfort and voyeurism escalation and assaults, while preserving single-user options and narrow exceptions so no one is denied access for emergency aid,” Rasor said.
State Rep. Chris Mathias, a Democrat from Boise, disagreed, arguing that the legislation would unfairly target transgender Idahoans.
“The truth of the matter is — and I know a lot of people don’t want to say it — but forcing people who don’t look like the sex they were assigned at birth, or transgender folks, to use other people’s bathrooms is going to put a lot of people in danger,” Mathias said.
The Idaho American Civil Liberties Union made a statement about the bill following its passage.
“Idaho lawmakers continue pushing these harmful, invasive bathroom laws, yet cannot present credible evidence that transgender people using gender-aligned bathrooms threaten public safety,” the Idaho ACLU said. “The bill does nothing to address real criminal acts, such as sexual assault or voyeurism, and disregards concerns from law enforcement about the burden enforcement would place on local resources.”
In addition to human rights advocates, who have spoken out against similar bills advancing in state legislatures across the country, Idaho law enforcement groups have also opposed the measure. They argue that the way the legislation is written would “pose significant practical enforcement challenges,” noting that officers are tasked with maintaining public safety — not conducting gender checks or policing bathroom access.
During a committee hearing last week, law enforcement representatives and several trans Idahoans testified that the bill would make many residents less safe.
“Officers responding to a complaint would be placed in the difficult position of determining an individual’s biological sex in order to enforce the statute,” Idaho Fraternal Order of Police President Bryan Lovell wrote. “In many circumstances, there is no clear or reasonable way for officers to make that determination without engaging in questioning or investigative actions that could be viewed as invasive and inappropriate.”
The Idaho Sheriffs’ Association requested that lawmakers amend the bill to require that individuals be given an opportunity to leave a bathroom immediately before facing potential prosecution.
The bill now heads to the Idaho Senate for consideration. To become law, it must pass both chambers and avoid a veto from the governor.
A separate bathroom bill, House Bill 607, which would be enforced through civil lawsuits, passed the House last month but has not yet received a committee hearing in the Senate.
State Department
Report: US to withhold HIV aid to Zambia unless mineral access expanded
New York Times obtained Secretary of State Marco Rubio memo
The State Department is reportedly considering withholding assistance for Zambians with HIV unless the country’s government allows the U.S. to access more of its minerals.
The New York Times on Monday reported Secretary of State Marco Rubio in a memo to State Department’s Bureau of African Affairs staffers wrote the U.S. “will only secure our priorities by demonstrating willingness to publicly take support away from Zambia on a massive scale.” The newspaper said it obtained a copy of the letter.
Zambia is a country in southern Africa that borders Tanzania, Malawi, Mozambique, Zimbabwe, Botswana, Namibia, Angola, and the Democratic Republic of Congo.
The Times notes upwards of 1.3 million Zambians receive daily HIV medications through PEPFAR. The newspaper reported Rubio in his memo said the Trump-Vance administration could “significantly cut assistance” as soon as May.
“Reports of (the) State Department withholding lifesaving HIV treatment in return for mining concessions in Zambia does not make us safer, stronger, or more prosperous,” said U.S. Sen. Jeanne Shaheen (D-N.H.), the ranking member of the Senate Foreign Relations Committee, on Tuesday. “Monetizing innocent people’s lives further undermines U.S. global leadership and is just plain wrong.”
The Washington Blade has reached out to the State Department for comment.
Zambia received breakthrough HIV prevention drug through PEPFAR
Rubio on Jan. 28, 2025, issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during a freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, 2025, has severely impacted their work.
The State Department last September announced PEPFAR will distribute lenacapavir in countries with high prevalence rates. Zambia two months later received the first doses of the breakthrough HIV prevention drug.
Kenya and Uganda are among the African countries have signed health agreements with the U.S. since the Trump-Vance administration took office.
The Times notes the countries that signed these agreements pledged to increase health spending. The Blade last month reported LGBTQ rights groups have questioned whether these agreements will lead to further exclusion and government-sanctioned discrimination based on sexual orientation and gender identity.
Housewives take Capitol Hill by storm
Protesters say SAVE Act targets voters, transgender youth
‘It’s Dorothy’ traces lasting influence of a cultural icon
SAVE Act could silence millions of trans voters
The frightening rise of antisemitism, Islamophobia
Ensuring safer drinking water
A season of renewal for D.C. theater
PHOTOS: Awesome Con
Kennedy Center leadership changes as Trump ally Grenell departs
