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Polis pledges to take the lead on ENDA

Gay Colo. lawmaker mulls bid for Democratic caucus vice chair

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Rep. Jared Polis has pledged to become the lead sponsor of ENDA in the next Congress (Blade file photo by Michael Key)

A Colorado congressman who’s set to become the most senior openly gay member of the U.S. House is pledging to take the lead on perhaps the most high-profile piece of pro-LGBT legislation: the Employment Non-Discrimination Act.

Rep. Jared Polis (D-Colo.) said during a Washington Blade interview on Tuesday that he intends to become the chief sponsor of ENDA following the retirement of gay Rep. Barney Frank (D-Mass.), who’s championed the bill since 2007.

“I plan on introducing the Employment Non-Discrimination Act in the next session,” Polis said. “Across our country, gays and lesbians face discrimination in the workplace and lose their jobs and their livelihood. It’s wrong and it’s got to end. People shouldn’t be fired in this country just because of who they date in their private life.”

In addition to taking the lead on ENDA, Polis said he’ll remain the chief sponsor of another pro-LGBT measure called the Student Non-Discrimination Act — legislation based on Title IX that would prohibit the bullying and discrimination of LGBT students in school.

Polis said he still wants to see President Obama issue an executive order requiring federal contractors to institute LGBT-inclusive non-discrimination policies. The White House said Obama wouldn’t issue the directive at this time in April, but it’s unclear where that stands in the wake of Election Day.

“I, of course, believe that the White House should move forward with preventing discrimination toward contractors,” Polis said. “That’s always been my position.”

Polis became the first public official to go on record in support of the executive order when he told the Blade during an interview in March 2011 that he’s behind the idea.

And Polis has other goals. He’s weighing a run for a seat in the House Democratic leadership as vice chair of the Democratic caucus — and his win would be another milestone because no member of the LGBT community has ever been elected to House leadership.

“I’m still looking at doing that,” Polis said. “I think it would be great to have more diversity in our caucus leadership. There’s never been a member of the LGBT community in caucus leadership.”

But Polis said he isn’t certain if he’ll make the bid and is waiting to see what positions other House Democrats are seeking. One lingering question is whether House Minority Leader Nancy Pelosi (D-Calif.) will continue her role as head of the caucus.

“A lot of members of the caucus are waiting to see who’s returning and who’s running for the different positions, so until that’s known, there’s no definitive candidacy, but I certainly have been talking to a lot of members about it and I’ve got a lot of encouragement from them,” Polis said.

House Democrats are set to vote on caucus leaders on Nov. 29. The vice chair ranks just below the House Democratic caucus chair. In addition to other duties, the vice chair has a seat on the Steering & Policy Committee, which assigns committee membership to Democrats and advises them on policy decisions.

The current vice chair of the House Democratic caucus is Rep. Xavier Becerra (D-Calif.), but he’s expected to leave that role to pursue the position as caucus chair. Polis may have competition if he launches a bid to replace him. Other names that have been mentioned as possibilities as vice chair are Reps. Joe Crowley (D-N.Y.) and Barbara Lee (D-Calif.).

But as far as movement on pro-LGBT bills, Polis was pessimistic — either during the lame duck session or next year at the start of the 113th Congress — as long as Republicans remain in control of the House. Polis said the votes may actually be present in the Republican-controlled House to pass LGBT bills, but the problem is Republican leadership prevents the measures from coming to the floor.

“We have bipartisan support whether it’s ending workplace discrimination or my Student Non-Discrimination Act or housing non-discrimination,” Polis said. “Those would be very close votes if they were put to the House as a whole, but Republican leadership has refused to allow those bills to even advance to the floor.”

One possible way to skirt House leadership would be to move pro-LGBT bills to the floor via a discharge petition. If a majority of House members sign a discharge petition for any particular bill, it would go to the floor regardless of the desire of House leadership. Polis acknowledged that route as a possibility, but was skeptical about its chances.

“We can certainly file one,” Polis said. “Certainly in my time in Congress and long before it, there has never been a successful discharge petition … There certainly hasn’t been one in my time, or in the immediate past before my time.”

That last successful discharge petition was more than 10 years ago for the Bipartisan Campaign Reform Act, which later became known as McCain-Feingold, in 2001.

But the situation in the Democratic-controlled Senate is a different story. As in the 111th Congress, which saw a Senate committee vote on the Respect for Marriage Act and a hearing on ENDA, Polis said some progress could be made on pro-LGBT bills in that chamber — and possibly a successful floor vote on some bills.

“You’d have to ask a senator about that, but I think they could forge a majority of senators to move forward on passing the bill out of the Senate,” Polis said. “That doesn’t mean that [House Speaker John] Boehner or [House Majority Leader Eric] Cantor would take it up in the House, but at least we’d have it on record as passing the Senate.”

Despite the divided government, one initiative that may see progress in the 113th Congress is comprehensive immigration reform. House Speaker John Boehner has signaled he may be willing to work on this legislation in the wake of Republican losses and the party’s poor showing among Latino voters on Election Day.

LGBT advocates are interested in comprehensive immigration reform and are seeking a provision enabling gay Americans to sponsor their foreign partners seeking residency in the United States. Standalone legislation that would address this issue is known as the Uniting American Families Act.

But Polis, who’s also been a leading advocate for comprehensive immigration reform, said he’s unsure at this time what provisions could be made part of the bill and whether the legislation would include the pro-gay language sought by LGBT immigration advocates.

“At this point, besides a few words of encouragement from Speaker Boehner, I really don’t know what an immigration package would look like,” Polis said. “I’ve long been active on this issue and would love to see comprehensive immigration reform, but we need to see what the Republicans are willing to agree to and we haven’t even seen the starting point for that discussion even.”

CORRECTION: An initial version of this article said Joe Donnelly was in contention as House Democratic vice chair. The Blade regrets the error.

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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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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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