National
New push for 2012 Senate hearing on ENDA
Committee has votes to move pro-LGBT bill to floor

Republican ENDA co-sponsor, Sen. Mark Kirk is currently recovering from a stroke he suffered in January. (Washington Blade file photo by Michael Key)
LGBT rights supporters are calling for a Senate hearing and committee vote to draw attention to one of the longest sought pieces of pro-LGBT legislation in Congress: the Employment Non-Discrimination Act.
While the Republican takeover of the House in 2010 makes any movement of the legislation in that chamber unlikely, Democrats remain in control of the Senate and Tom Harkin (D-Iowa), a longtime supporter of ENDA, remains chair of the Senate Health, Education, Labor & Pensions Committee, which has jurisdiction over the bill.
Tico Almeida, president of Freedom to Work, called Harkin a “strong champion for workplace fairness for all Americans” and said ENDA supporters are fortunate the Iowa Democrat heads the panel responsible for the legislation.
“I hope he will use his chairmanship to organize an ENDA hearing this spring or summer,” Almeida said. “Given that 70 or 80 percent of Americans are in favor of ENDA, and that support crosses party lines, this is a winning wedge issue for Democrats to use in an election year.”
Mara Keisling, executive director of the National Center for Transgender Equality, said ENDA supporters have been asking the committee for a hearing “for a long time” throughout the course of the 112th Congress.
“When there’s nothing else going on, it’s always good to try to get a hearing,” Keisling said. “It keeps the ball moving. It keeps reminding everybody that there are some issues that we all know we have to cover eventually.”
ENDA has been a high priority for the LGBT community for decades. It would prohibit discrimination on the basis of sexual orientation and gender identity in most situations in the public and private workforce. Even when Democrats controlled both the House and Senate in the 111th Congress, no committee or floor vote was taken on the legislation.
A hearing in the Senate presents a historic opportunity because no transgender witness has testified before the upper chamber on the importance of ENDA or told a story about being discriminated against on the basis of gender identity.
According to “Injustice at Every Turn,” a report published last year by the National Gay & Lesbian Task Force and the National Center for Transgender Equality, transgender people face significantly high rates of workplace discrimination. The study says transgender people have double the rate of unemployment compared to non-trans people. Ninety percent of those who participated in the survey reported experiencing discrimination on the job or took actions like hiding their gender identity to avoid it.
In 2009, the House Education & Labor Committee held a hearing that featured testimony from Vandy Beth Glenn, a former legislative editor at the Georgia General Assembly who was fired in 2007 after she announced she was undergoing gender transition. While no federal law prohibits discrimination against transgender people, the 11th Circuit of Court of Appeals issued a sweeping decision in December that Glenn’s employer unlawfully discriminated against her on the basis of gender because she wasn’t conforming to gender stereotypes.
A similar hearing in the Senate in the same year had no transgender witness, although there was testimony from a high-ranking Obama administration official, Thomas Perez, assistant attorney general for the Justice Department’s Civil Rights Division.
Almeida said the inclusion of at least one — and preferably several — transgender witness at any hearing by the Senate HELP Committee on ENDA would be “absolutely critical.”
“I vividly remember sitting in the counsel’s chair on the House Labor Committee dais as Vandy Beth Glenn testified somberly about being fired on the same day she told her employer that she planned to transition from male to female,” Almeida said. “There’s a lot of important education that happens when transgender Americans get to share their stories and talk about their lives.”
While Almeida served as ENDA’s lead counsel in the U.S. House from 2007 to 2010, the House Education & Labor Committee held three separate ENDA hearings and called five transgender witnesses to testify. Almeida said one of the three hearings was “historic” because it exclusively focused on workplace discrimination against transgender people.
“That was the first time any congressional committee had ever held any hearing specifically about discrimination against transgender Americans,” Almeida said. “By comparison, the U.S. Senate is way behind.”

Mara Keisling, executive director of the National Center for Transgender Equality (Washington Blade file photo by Michael Key)
Keisling said “a lot of people” could be qualified to testify as a transgender witness for a hearing on ENDA. Without naming anyone in particular, she said the candidate should be “as fresh as possible.”
“A six-month-old case is better than a 20-year-old,” Keisling said. “It’s a really tough thing. It’s has to deal with what members of the Senate on the committee, who you’re trying to reach out to, how you balance it geographically and demographically.”
In addition to holding a hearing on ENDA, the committee could easily report out the legislation to the Senate floor. Besides Sen. Jeff Merkley (D-Ore.), the chief sponsor of the bill, all 12 Democrats on the panel are co-sponsors as well as Sen. Mark Kirk (R-Ill.), who’s one of three Republicans in the Senate who’ve signed on in support of the bill along with Sen. Susan Collins (R-Maine) and retiring Sen. Olympia Snowe (R-Maine).
Moving the bill out of committee could draw media attention to the legislation similar to what happened in November, when the Senate Judiciary Committee along party lines reported out the Respect for Marriage Act — legislation that would repeal the anti-gay Defense of Marriage Act.
Almeida said Harkin could take a cue from Chairman Patrick Leahy (D-Vt.), who decided to move forward with the DOMA repeal markup, by applying the same standard to ENDA.
“I imagine Sen. Leahy realized that [the Respect for Marriage Act] was not going to pass the full Senate this session, but he held the hearing and mark-up anyway because those events are good ways to tell compelling stories, create good media attention in favor of equality, and build momentum for eventual passage,” Almeida said. “We need the same push and momentum for ENDA.”
But a committee vote on ENDA would likely be the most extensive action that could take place on the legislation in the current Congress.
The bill has 41 co-sponsors, which is short of the 60 votes necessary to overcome a filibuster on the Senate floor. Last year, advocates said a floor vote in the Senate could be successful — but that was largely contingent on pressure from President Obama, who has been quiet on ENDA during the 112th Congress. Any movement on ENDA in the Republican-controlled House is unlikely.
Moreover, the offices of lawmakers who would be responsible for moving forward with ENDA in committee were reluctant to say much about the prospects of having either a hearing or a markup on the bill.
Justine Sessions, a HELP Committee spokesperson, said the panel hasn’t planned any hearing beyond the month of April.
Previous hearings have emphasized topics such as maintaining America’s global competitiveness, but nothing related to ENDA.
Julie Edwards, a Merkley spokesperson, said she’s unable to comment on the discussions her boss may have had with Harkin on the issue.
“Sen. Merkley continues to explore every avenue to make legal discrimination a relic of the past,” Edwards said. “We cannot discuss private conversations with colleagues, but he will explore every option.”
Nonetheless, LGBT groups insist they’ve been pushing for Senate action on ENDA. Freedom to Work, the Human Rights Campaign, the National Center for Transgender Equality and the National Gay & Lesbian Task Force have each said they have been in contact with the committee to urge them to take action.
Michael Cole-Schwartz, an HRC spokesperson, said HRC has “worked with” the committee for action on ENDA.
“As with all of our priority bills, we constantly work with our allies to find every opportunity to move the ball down the field,” Cole-Schwartz said. “A Senate hearing and markup on an inclusive ENDA would represent tremendous progress and we’ve worked with Senators Harkin, Merkley, Kirk and others toward that end.”
Stacey Long, the National Gay & Lesbian Task Force’s director of public policy and government affairs, said her group “has been advocating this position to Sen. Harkin and other lawmakers on the Hill.”
“The Task Force staunchly supports a trans-inclusive hearing and markup of ENDA this year,” Long said. “Political leaders need to hear the stories, see the startling data, and most importantly, pass an inclusive ENDA.”
But Keisling said one of the challenges with having either a hearing or markup on ENDA is Kirk “being out of the picture temporarily.” He’s been recovering from a stroke that he suffered in January.
“He’s by far the best Republican supporter on the HELP committee,” Keisling said. “Having him not there right now complicates the picture. … It would be great to have Sen. Kirk when there was a hearing, and I don’t have the slightest idea when he’s coming back.”
A Senate hearing on ENDA could represent an opportunity for renewed focus on another ask of the Obama administration: an executive order from Obama requiring companies doing business with the federal government to have LGBT-inclusive non-discrimination policies.
Harkin has already expressed support for the executive order, telling the Washington Blade last year he “would strongly support an executive order from President Obama that makes clear government contractors cannot discriminate based on sexual orientation and gender identity.” As far as other members of the committee go, Merkley has said he’d support the directive, while Kirk has said the statute is the right way because a future president could rescind the order.
Almeida said discussion about the executive order during a committee hearing may come up, but he doesn’t think “anybody would make a big deal about it” — mostly because Republican senators opposed to ENDA and the executive order would likely skip the hearing as they’ve done in years past.
“I don’t think the topic of the executive order needs any more study given that the lawyers at President Obama’s Justice Department and Labor Department have already done more than a year’s worth of research and then recommended that the president sign the executive order,” Almeida said. “It’s now time for President Obama to sign the order.”
Multiple sources have told the Blade the Labor and Justice Departments have cleared such a measure, but the White House hasn’t said whether Obama will issue the directive.
Keisling also said she doesn’t think devoting any portion of the hearing to the executive order will be necessary.
“I think the president knows who in Congress would support it and who wouldn’t,” Keisling said. “I don’t see that would be helpful in moving it along at all. It would probably make us all feel good if there were more noise about it, but I don’t think it’ll help move along the issue.”
California
LGBTQ community calls out Radio Korea over host’s homophobic comments
Station acknowledged controversy, but skirted accountability
On Monday, Nov. 3, Radio Korea aired its regular morning talk show program, where one of its hosts, Julie An, discussed her lack of support for the LGBTQ community, citing her religious beliefs. She also went on to comment that gay people spread HIV and AIDS, and that conversation therapy — which has been linked to PTSD, suicidality, and depression — is a viable practice. Clips of this have since been taken down.
Radio Korea offers Korean language programming to engage local Korean American and Korean immigrant community members. Its reach is broad, as Los Angeles is home to the largest Korean population in the U.S, with over 300,000 residents. As An’s words echoed through the station’s airwaves, queer Korean community members took to social media to voice their concern, hurt, and anger.
In a now-deleted Instagram post, attorney, activist, and former congressional candidate David Yung Ho Kim demanded accountability from the station. Writer and entertainer Nathan Ramos-Park made videos calling out Radio Korea and An, stating that her comments “embolden” people with misinformation, which has the ability to perpetuate “violence against queer people.”
Community health professional Gavin Kwon also worries about how comments like An’s increase stigma within the Korean immigrant community, which could lead to increased discrimination against queer people and their willingness to seek health care.
Kwon, who works at a local clinic in Koreatown, told the Los Angeles Blade that comments like An’s prescribe being gay or queer as a “moral failure,” and that this commonly-held belief within the Korean immigrant community, particularly in older generations, strengthens the reticence and avoidance clients hold onto when asked about their gender or sexual orientation.
“When you stigmatize a group, people don’t avoid the disease — they avoid care,” Kwon explained. “They avoid getting tested, avoid disclosing their status, and avoid talking openly with providers. Stigma pushes people into silence, and silence is the worst possible environment for managing any infectious disease.”
For weeks, Radio Korea did not offer a direct response to the public criticism. Its Instagram feed continued to be updated with shorts, featuring clips of its various hosts — including An.
On Friday, Radio Korea CEO Michael Kim released an official statement on the station’s YouTube page. In this video, Michael Kim stated that An’s comments “included factual inaccuracies” and that the station “does not endorse or share the personal opinions expressed by individual hosts.” Michael Kim also stated that Radio Korea “welcomes members of the LGBT community to share their perspectives” in order to deepen understanding through dialogue.
Afterwards, Michael Kim continued that though he acknowledges the “pain” felt by queer community members, he concluded: “I don’t think Radio Korea needs to apologize for what was said any more than Netflix should apologize for what Dave Chappelle says, or any more than Instagram or TikTok should apologize for what people say on their platforms.”
Michael then offered a justification that An’s statements were “not part of a news report,” and that he was “disappointed” that David Yung Ho Kim, specifically, had been vocal about An’s comments. Michael Kim stated that he was the first person to interview David Yung Ho Kim in 2020 during his congressional campaign, and that he had provided the candidate a platform and opportunity to educate listeners about politics.
“After all these years, the support Radio Korea has given him,” said Kim, “the support I personally gave him, even the support from other Radio Korea members who donated or even volunteered for him — he dishonestly tried to portray Radio Korea as being an anti-gay organization.”
Michael Kim went on to criticize David Yung Ho Kim’s purported “hurry to condemn others,” and also questioned if David has disowned his father, who he states is a pastor. “What kind of person is David Kim, and is this the kind of person we want in Congress?” Michael Kim asked viewers, noting that Koreatown is “only about three miles from Hollywood, and some people just like to perform.”
At the end of the video, Michael Kim stated that his duty is to guard the legacy of the station. “My responsibility is to protect what was built before me and ensure that Radio Korea continues serving this community long after today’s momentary controversies disappear,” he said.
For community members and advocates, this response was unsatisfactory. “The overall tone of the statement felt more defensive than accountable,” Kwon wrote to the Blade. “Instead of a sincere apology to the LGBTQ+ community that was harmed, the message shifts into personal grievances, political dynamics, and side explanations that don’t belong in an official response.”
Michael Kim’s portrayal of the criticism and calls to action by community members as a “momentary controversy” paints a clearer picture of the station’s stance — that the hurt felt and expressed by its queer community members is something that will simply pass until it is forgotten. An continues to be platformed at Radio Korea, and was posted on the station’s social media channels as recently as yesterday. The station has not outlined any other action since Michael Kim’s statement.
U.S. Military/Pentagon
Pentagon moves to break with Boy Scouts over LGBTQ and gender inclusion
Leaked memo shows Hegseth rejecting Scouting America’s shift toward broader inclusion
The Pentagon is preparing to sever its longstanding partnership with the Boy Scouts of America, now known as Scouting America.
In a draft memo to Congress obtained by NPR, Defense Secretary Pete Hegseth criticizes the organization for being “genderless” and for promoting diversity, equity, and inclusion.
“The organization once endorsed by President Theodore Roosevelt no longer supports the future of American boys,” Hegseth wrote, according to Defense Department sources.
Girls have been eligible to join Cub Scouts (grades K–5) since 2018, and since 2019 they have been able to join Scouts BSA troops and earn the organization’s highest rank of Eagle Scout.
A statement on the Scouting America website says the shift toward including girls stemmed from “an expanding demand to join the Boy Scouts” and a commitment to inclusivity. “Throughout the late 20th and early 21st centuries, it has undergone significant changes to become more inclusive of the adult staff and volunteers that drive its programming as well as of scouts and their families,” the organization says.
Part of that broader push included lifting its ban on openly gay members in 2014 and on openly gay adult leaders in 2015.
Once the Pentagon finalizes the break, the U.S. military will no longer provide medical and logistical support to the National Jamboree, the massive annual gathering of scouts in West Virginia that typically draws about 20,000 participants. The memo also states that the military will no longer allow scout troops to meet on U.S. or overseas installations, where many bases host active scout programs.
Hegseth’s memo outlines several justifications for the decision, arguing that Scouting America has strayed from its original mission to “cultivate masculine values” by fostering “gender confusion.” It also cites global conflicts and tightening defense budgets, claiming that deploying troops, doctors and vehicles to a 10-day youth event would “harm national security” by diverting resources from border operations and homeland defense.
“Scouting America has undergone a significant transformation,” the memo states. “It is no longer a meritocracy which holds its members accountable to meet high standards.”
The Pentagon declined NPR’s request for comment. A “War Department official” told the outlet that the memo was a “leaked document that we cannot authenticate and that may be pre-decisional.”
The leaked memo comes roughly one month after nearly every major journalism organization walked out of the Pentagon in protest of new rules requiring reporters to publish only “official” documents released by the department — effectively banning the use of leaked or unpublished materials.
President Donald Trump, who serves as the honorary head of Scouting America by virtue of his office, praised the Jamboree audience during his 2017 visit to West Virginia. “The United States has no better citizens than its Boy Scouts. No better,” he said, noting that 10 members of his Cabinet were former Scouts.
Hegseth was never a scout. He has said he grew up in a church-based youth group focused on memorizing Bible verses. As a Fox News host last year, he criticized the Scouts for changing their name and admitting girls.
“The Boy Scouts has been cratering itself for quite some time,” Hegseth said. “This is an institution the left didn’t control. They didn’t want to improve it. They wanted to destroy it or dilute it into something that stood for nothing.”
NBC News first reported in April that the Pentagon was considering ending the partnership, citing sources familiar with the discussions. In a statement to NBC at the time, Pentagon spokesman Sean Parnell said, “Secretary Hegseth and his Public Affairs team thoroughly review partnerships and engagements to ensure they align with the President’s agenda and advance our mission.”
The Scouting America organization has has long played a role in military recruiting. According to numbers provided by Scouting America, many as 20 percent of cadets and midshipmen at the various service academies are Eagle Scouts. Enlistees who have earned the Eagle rank also receive advanced entry-level rank and higher pay — a practice that would end under the proposed changes.
The White House
Trans workers take White House to court over bathroom policy
Federal lawsuit filed Thursday
Democracy Forward and the American Civil Liberties Union, two organizations focused on protecting Americans’ constitutional rights, filed a class-action lawsuit Thursday in federal court challenging the Trump-Vance administration’s bathroom ban policies.
The lawsuit, filed on behalf of LeAnne Withrow, a civilian employee of the Illinois National Guard, challenges the administration’s policy prohibiting transgender and intersex federal employees from using restrooms aligned with their gender. The policy claims that allowing trans people in bathrooms would “deprive [women assigned female at birth] of their dignity, safety, and well-being.”
The lawsuit responds to the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. It alleges that the order and its implementation violate Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In 2020, the U.S. Supreme Court ruled 6-3 that Title VII protects trans workers from discrimination based on sex.
Since its issuance, the executive order has faced widespread backlash from constitutional rights and LGBTQ advocacy groups for discriminating against trans and intersex people.
The lawsuit asserts that Withrow, along with numerous other trans and intersex federal employees, is forced to choose between performing her duties and being allowed to use the restroom safely.
“There is no credible evidence that allowing transgender people access to restrooms aligning with their gender identity jeopardizes the safety or privacy of non-transgender users,” the lawsuit states, directly challenging claims of safety risks.
Withrow detailed the daily impact of the policy in her statement included in the lawsuit.
“I want to help soldiers, families, veterans — and then I want to go home at the end of the day. At some point in between, I will probably need to use the bathroom,” she said.
The filing notes that Withrow takes extreme measures to avoid using the restroom, which the Cleveland Clinic reports most people need to use anywhere from 1–15 times per day depending on hydration.
“Ms. Withrow almost never eats breakfast, rarely eats lunch, and drinks less than the equivalent of one 17 oz. bottle of water at work on most days.”
In addition to withholding food and water, the policy subjects her to ongoing stress and fear:
“Ms. Withrow would feel unsafe, humiliated, and degraded using a men’s restroom … Individuals seeing her enter the men’s restroom might try to prevent her from doing so or physically harm her,” the lawsuit states. “The actions of defendants have caused Ms. Withrow to suffer physical and emotional distress and have limited her ability to effectively perform her job.”
“No one should have to choose between their career in service and their own dignity,” Withrow added. “I bring respect and honor to the work I do to support military families, and I hope the court will restore dignity to transgender people like me who serve this country every day.”
Withrow is a lead Military and Family Readiness Specialist and civilian employee of the Illinois National Guard. Previously, she served as a staff sergeant and has received multiple commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom.
The lawsuit cites the American Medical Association, the largest national association of physicians, which has stated that policies excluding trans individuals from facilities consistent with their gender identity have harmful effects on health, safety, and well-being.
“Policies excluding transgender individuals from facilities consistent with their gender identity have detrimental effects on the health, safety and well-being of those individuals,” the lawsuit states on page 32.
Advocates have condemned the policy since its signing in January and continue to push back against the administration. Leaders from ACLU-D.C., ACLU of Illinois, and Democracy Forward all provided comments on the lawsuit and the ongoing fight for trans rights.
“We cannot let the Trump administration target transgender people in the federal government or in public life,” said ACLU-D.C. Senior Staff Attorney Michael Perloff. “An executive order micromanaging which bathroom civil servants use is discrimination, plain and simple, and must be stopped.”
“It is absurd that in her home state of Illinois, LeAnne can use any other restroom consistent with her gender — other than the ones controlled by the federal government,” said Michelle Garcia, deputy legal director at the ACLU of Illinois. “The Trump administration’s reckless policies are discriminatory and must be reversed.”
“This policy is hateful bigotry aimed at denying hardworking federal employees their basic dignity simply because they are transgender,” said Kaitlyn Golden, senior counsel at Democracy Forward. “It is only because of brave individuals like LeAnne that we can push back against this injustice. Democracy Forward is honored to work with our partners in this case and is eager to defeat this insidious effort to discriminate against transgender federal workers.”
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