National
ENDA blame game underway
Dems cite GOP opposition; others fault Senate leadership

LGBT activists targeted Sen. Majority Leader Harry Reid (D-Nev.) last week, urging him to advance ENDA. (Washington Blade photo by Michael Key)
Democratic senators are blaming Republican obstructionism for the Senate’s failure to advance the Employment Non-Discrimination Act, but others say a lack of strategy is preventing a vote.
The plight of ENDA in the Senate received renewed attention last week when GetEqual staged a protest in Las Vegas blocking traffic on Las Vegas Boulevard and demanding Senate Majority Leader Harry Reid (D-Nev.) take action.
The legislation, stalled in the House and Senate, would prohibit job bias against LGBT people in most public and private workforce scenarios.
Democratic supporters say Republican opposition is preventing Senate action on the bill.
Assistant Majority Leader Richard Durbin (D-Ill.) said Democratic leadership wants to move forward with ENDA, but noted difficulties in moving any item on the legislative agenda forward.
“We have a tough time moving anything on the calendar because of Republican filibusters,” Durbin said.
Still, Durbin said a vote on the legislation in September after lawmakers return from August recess is “possible,” while adding that timeframe is a “pretty hectic period.” He noted that a vote would more likely come in the period following the November election.
Sen. Tom Harkin (D-Iowa), chair of the Senate Health, Education, Labor & Pensions Committee where ENDA is pending, on Tuesday expressed similar grievances about Republican obstructionism.
Asked what’s keeping the legislation from coming to a Senate vote, Harkin simply replied, “Republicans.”
“It’s one of my priority items,” Harkin said. “I’d like to move it, but [I’m] not certain we’re going to have the time.”
Harkin said he couldn’t immediately recall if any particular part of the measure was causing controversy and keeping it from coming to a Senate vote.
“There’s been a lot of objections by certain Republicans on it,” Harkin said. “As far as I’m concerned, they’re not legitimate. I couldn’t even enumerate them right now, I forget what they are.”
Mara Keisling, executive director of the National Center for Transgender Equality, also blamed Republicans for the failure to advance ENDA in the Senate. She also cited what she called a “general dysfunction” in the chamber as a problem.
“It’s certainly not all about ENDA,” she said. “It’s certainly, certainly not about transgender inclusion in ENDA. They can’t get campaign finance reform through, they can’t get, sometimes, job bills through.”
On Tuesday, Democratic leadership tried to move forward on a campaign finance reform bill known as the DISCLOSE Act. Republicans, who hold 41 of 100 seats in the chamber, were unified in their opposition and able to filibuster a motion to proceed with the legislation.
Still, ENDA is likely to fare better with Republicans in the Senate because the legislation has two GOP co-sponsors, Sens. Susan Collins and Olympia Snowe of Maine.
R. Clarke Cooper, executive director of the Log Cabin Republicans, dismissed the notion that Republicans were holding up ENDA in the Senate and said “only the current Senate majority leadership can truly answer” why ENDA isn’t on the calendar.
“Blaming the minority leadership for the majority’s disorganization and lack of planning this year is simplistic and, frankly, lazy,” Cooper said. “Both sides of the aisle are frustrated with the lack of activity.”
Sen. Jeff Merkley (D-Ore.), the sponsor for ENDA in the Senate, is hoping House passage of ENDA would jumpstart interest in passing it in the Senate, according to his office.
“I think, at this point, it’s kind of something that we’re waiting for the House to pass to build a little momentum here in the Senate, and then hopefully get going on it here,” said Mike Westling, a Merkley spokesperson.
But in response to inquiries on why the House hasn’t moved forward with the bill, House leadership pointed to the lack of a strategy for ENDA in the Senate.
“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,” Drew Hammill, a spokesperson for U.S. House Speaker Nancy Pelosi, earlier told the Blade.
Asked whether any discussions on a strategy to advance ENDA in the Senate have taken place, Durbin replied, “We have not reached that level.”
Harkin said he hadn’t yet done a whip count on the legislation and wasn’t sure whether the legislation would have 60 votes to pass.
“I just know that initial inquiries about getting a time limit on it were unfruitful,” he said. “So, without a time limit, we’re not going to bring anything up.”
Harkin said Senate leadership is “always looking” for other bills that could serve as a vehicle to move ENDA forward as an amendment, but didn’t name any potential legislation.
California
Calif. governor signs 6 pro-LGBTQ bills, vetoes 1
Gavin Newsom rejected measure he claimed is legislative overreach
Last week, California Gov. Gavin Newsom signed and vetoed a slew of bills into state law. Among them were seven pertaining to California’s LGBTQ community. Newsom signed six while vetoing one. His actions drew applause and scorn from advocacy groups in the state.
The six signed bills:
Assembly Bill 1775 allows transgender veterans, who were banned from service last year by the Trump-Vance administration, to access housing assistance, use California’s discharge upgrade assistance program, and get support for gaining employment.
Assembly Bill 1930 strengthens privacy protections for healthcare patients and providers by creating clear guidelines for California agencies, individuals, and corporations to respond to out-of-state subpoena requests relating to abortion or gender-affirming care. This includes a requirement to contact the California Attorney General at least seven days prior to responding to the subpoena or providing legal documents. This should add additional protection to those residing in California from investigations in states where abortion or gender-affirming care has more restrictions.
Senate Bill 934 targets conversion therapy in California and increases the amount of time a patient has to bring a medical malpractice lawsuit against a provider for attempting to change the patient’s sexual orientation or gender identity. The bill takes aim at the widely debunked practice that treats queerness as a mental disorder that could be cured through psychotherapeutic methods. Conversion therapy has been illegal in California since 2012; however, a recent Supreme Court decision threw the ban into question, prompting lawmakers to write this new bill that legally defines it as medical malpractice.
Senate Bill 1023 expands access to PrEP, a medication that protects people from contracting HIV. The bill requires insurers to cover the drug through the medical benefit and the pharmacy benefit pathways, allowing for more providers to give patients PrEP.
Senate Bill 1114 strengthens privacy protections for voluntary self-identification data about sexual orientation and gender identity. The bill limits when California government agencies can share this data and bars it from being disclosed outside of the state government, with few exceptions.
Senate Bill 1328 expands support for LGBTQ students and staff in California colleges. The bill requires any institution of higher education to designate an employee at any campus, satellite campus, branch campus, or outreach center to support the needs of LGBTQ individuals.
Equality California, the largest statewide LGBTQ civil rights group in the country, commended the governor for his support of legislation that protects and supports the queer community amid escalating threats, attacks, and rollbacks from the federal government.
Executive Director Tony Hoang said in a written statement, “California is once again demonstrating that when LGBTQ+ people are targeted, our state will respond with action,” adding, “We are grateful to Gov. Newsom for signing these measures.”
The vetoed bill:
Assembly Bill 2164 would have banned California from extraditing anyone residing in California for providing abortions or gender-affirming care in another state. Newsom vetoed this bill despite agreeing with its principles, claiming in a written statement that “extradition is an exclusively executive function” and that he did not want to limit the “executive authority of an incoming governor.”
This bill was created in response to Louisiana’s attempt to extradite a California physician for allegedly sending abortion pills in the mail to a Louisiana woman. Newsom responded forcefully to the extradition request, publicly denying it and stating, “We will not allow extremist politicians from other states to reach into California and try to punish doctors based on allegations that they provided reproductive health care services.”
In a written statement responding to the veto, Lizzy Hinkley, the legal director of the bill’s lead sponsor, Abortion Coalition for Telemedicine, criticized Newsom, stating, “[the] outgoing governor’s principled stance is cold comfort to Californians living and working in the real world post-Dobbs. A high-brow, academic justification for refusing to codify legal protections only reveals an ignorance for the lived reality of patients and providers — and does nothing to help them.”
National
HRC report: LGBTQ students face ‘far greater challenges’ in non-supportive states
Survey finds anti-LGBTQ school harassment, bullying highest in 17 states
The Human Rights Campaign Foundation, the educational arm of the national LGBTQ advocacy organization Human Rights Campaign, has released a report showing LGBTQ public school students are more likely to face bullying, harassment, and “other barriers” in states that have less overall supportive LGBTQ laws and policies.
The report is based on the HRC Foundation’s National Educator Survey of School Climate and Bullying, which was released on Sept. 17.
“The report finds that harassment, bullying, and other barriers to LGBTQ+ inclusion are more prevalent in states with limiting policies, where educators report widespread restrictions on LGBTQ+ resources, visible expressions of support, and assistance for transgender students,” a statement released by HRC says.
“As just one example,” the statement adds, “while 59 percent of educators in states with limiting policies report restrictions on supporting their transgender students, just 6 percent to 8 percent of educators in states with supportive policies report the same, underscoring the impact of these policies on school climate, student well-being, and the stakes of the upcoming midterm elections for LGBTQ+ youth and inclusive classrooms.”
The report says the survey consisted of responses by 826 educators in 42 states who worked as teachers, principals, counselors, administrators, and others who worked in support services. All worked at schools with students from pre-kindergarten to 12th grade, most being public schools and a smaller number being charter schools, the report says.
It says the survey was conducted between April 15 and May 21, 2026, and included a survey questionnaire with about 55 questions covering a wide range of LGBTQ related school issues.
According to the report, its classification of LGBTQ supportive and non-LGBTQ supportive states is based on a detailed analysis of the LGBTQ related laws and policies of all 50 states, D.C., and U.S. territories conducted by the Movement Advancement Project, or MAP, which describes itself as an “independent, nonprofit thinktank.”
The report includes a chart consisting of 51 boxes representing the 50 states and D.C., with 32 plus D.C. colored as blue and said to have overall LGBTQ supportive policies. The 17 boxes colored in red are said to have overall non-LGBTQ supportive policies and laws, Each of the boxes has the initial of a state or D.C. printed inside it.
In addition to D.C., the chart shows Maryland, Virginia, New York, California, and Massachusetts as among the supportive states. Florida, Texas, West Virginia, and Ohio are among the states shown to be non-LGBTQ supportive.
The HRC statement includes these “key” findings from the survey:
- In states with restrictive LGBTQ+ inclusion policies, 59 percent of educators report restrictions on supporting transgender students, compared to just 6-8 percent of educators in states with supportive LGBTQ+ inclusion policies.
- In states with restrictive policies, nearly 50 percent of educators reported restrictions on LGBTQ+ books or resources, compared to just 7 percent of educators in states with supportive policies.
- Roughly 32 percent of educators in states with restrictive policies reported anti-LGBTQ+ harassment was a moderate or serious problem, compared with 11 percent of educators in states with supportive LGBTQ+ inclusion policies.
- In states with restrictive LGBTQ+ inclusion policies, 29 percent of educators were very worried about anti-LGBTQ+ harassment, compared to 15 percent in states with supportive LGBTQ+ inclusion policies.
- In states with restrictive LGBTQ+ inclusion policies, 36 percent of educators witnessed anti-LGBTQ+ student bullying, compared to 27 percent in states with supportive LGBTQ+ inclusion policies.
- In states with supportive LGBTQ+ inclusion policies, 75 percent of educators reported no restrictions on LGBTQ+-supportive displays, highlighting a substantially more supportive school environment than in states with restrictive policies.
- Educators in states with restrictive LGBTQ+ inclusion policies also reported significant harassment of students based on appearance (57 percent), race or ethnicity (43 percent), sexual orientation (42 percent), and gender identity or expression (39 percent). (No direct comparison figure from supportive-policy states is provided in the data above.)
“Every young person deserves to feel safe and supportive at school, but this report makes clear that for too many LGBTQ+ students, especially transgender youth, are being failed by policies designed to exclude them,” said HRC President Kelley Robinson in the HRC statement.
“We know that when students feel seen, supported, and affirmed, they are more likely to thrive, but when schools become places of exclusion or hostility, young people pay the price through lower engagement, missed opportunities to learn, and poorer mental and physical health,” Robinson said.
The HRC statement notes that the survey findings come at a time when a growing number of states have passed laws targeting LGBTQ students and the school officials and teachers who support them. It says that for the first time, the survey found that “educators themselves are also experiencing anti-LGBTQ+ harassment, highlighting the growing impact of these policies on school staff as well as students.”
The full survey findings and report can be accessed here:
U.S. Supreme Court
Trump asks Supreme Court to allow restrictions on gender-affirming care in prisons
SCOTUS could further restrict rights of trans inmates
The Trump administration has asked the Supreme Court to allow its policy limiting gender-affirming treatment for federal inmates to take effect while a legal challenge plays out in court.
U.S. District Judge Royce Lamberth ordered the government to continue providing gender-affirming care, such as hormone therapy, which had become policy nearly a decade ago for inmates who were transitioning.
The Trump administration argues in its application that its policy restricting transgender rights was properly adopted and that the judge overstepped, posing nationwide “security and prison-administrative concerns.”
If allowed, the policy would halt surgeries, hormones and social accommodations such as wigs while allowing mental health therapy to continue as the legality of the policy reversal is litigated.
The government also argues in the application that the Bureau of Prisons had “determined that sex-trait-modification surgeries, hormone interventions in general, and social accommodations could no longer be justified as treatment for gender dysphoria.”
American Civil Liberties Union attorneys for the inmates said the policy is “a direct threat to the well-being of transgender people in federal custody and an open violation of their fundamental rights,” and said withholding necessary gender-affirming healthcare constitutes cruel and unusual punishment.
The Blade has covered the ongoing developments surrounding changes to Federal Bureau of Prisons transgender inmate policy that went into effect earlier in Trump’s term. The changes primarily focus on rolling back Biden-era protections for trans inmates.
Earlier this year, the Blade published a joint letter from multiple senators in response to the rollback of the policy. Multiple senators — including Edward Markey (D-Mass.), Jeffrey A. Merkley (D-Ore.) and Mazie K. Hirono (D-Hawaii) — sent a letter to Attorney General Todd Blanche and Federal Bureau of Prisons Director William Marshall III calling for them to reverse the policy change, saying it endangers inmates’ health and safety.
The senators described how the policy shift, along with President Trump’s Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” is forcing policy changes they argued are rooted more in political rhetoric than in medical research or evidence-based correctional practices.
Federal Bureau of Prisons responded to the Blade’s request for comment in May, declining to reconsider its transgender inmate policy.
The Blade reached out to the Federal Bureau of Prisons once again over the application to the Supreme Court, but did not hear back before publication.
