National
ENDA under review prior to April reintroduction
Insiders mum on possible changes to bill
Rep. Jared Polis (D-Colo.) acknowledged a review process is underway for ENDA. (Washington Blade photo by Michael Key)
A long-standing piece of pro-LGBT legislation is under review and may be redrafted prior to its expected introduction in the U.S. House next month.
In an interview with the Washington Blade on Wednesday, Rep. Jared Polis (D-Colo.), the senior openly gay member of the U.S. House, announced that he plans to introduce in April the Employment Non-Discrimination Act, a measure that would bar workplace discrimination against LGBT people.
“I’ll be the lead author of ENDA, which we are at least planning to reintroduce in April,” Polis said.
Multiple sources familiar with ENDA say the legislation is being reconsidered before its reintroduction in the 113th Congress, and maintain no final decisions on the bill have been made.
It’s unclear what the nature of the changes might be, but one source familiar with ENDA told the Washington Blade the bill is being reconsidered with respect to religious exemption and disparate impact to make the legislation’s protections stronger for LGBT workers than previously written. The changes are being considered under the assumption the legislation won’t pass anyway with Republicans in control of the U.S. House.
ENDA has previously included a strong religious exemption. In the most recent version of the bill, Section 6 provided an exemption for religious organizations and businesses that were also exempt under Title VII of the Civil Rights Acts of 1964.
The legislation also avoided the issue of disparate impact. Under that doctrine, which is found under Title VII, a violation of the law may be found if an employer has a practice that discriminates against workers, even though it doesn’t seem discriminatory on its face.
For example, a company that says it won’t hire anyone for a job who’s shorter than 5’10” could be found in violation of the law on the basis of gender discrimination because most women aren’t that tall. It’s unclear how disparate impact would apply to LGBT people.
Polis declined to identify any specific changes being contemplated to ENDA, but acknowledged a review process is underway.
“We’re going through ENDA now and have been working with many of the advocacy groups and my staff, and the [LGBT] Equality Caucus staff to make sure that concerns are addressed, and we’re going through that now,” Polis said.
In response to a follow-up question about whether changes would be made with respect to the religious exemption or disparate impact, Polis reiterated that a review process is happening.
“There haven’t been any decisions made yet about that,” Polis said. “We’re listening. We’re listening to folks in the equality community, and there are many different ideas on how to improve ENDA and we’re evaluating them and seeing where we have consensus.”
There may be other ways in which the bill is being reconsidered but no sources specifically identified any such changes to the Blade.
One possible change may be the way ENDA applies to small businesses. Under previous versions of the bill, the law would only apply to employers with 15 or more employees. Companies with fewer employees would be free to discriminate under federal law even if ENDA were passed.
LGBT advocacy groups that work on ENDA responded to the Blade’s inquiries on whether changes would be made to the bill by confirming the review process is underway.
Fred Sainz, vice president of communications for the Human Rights Campaign, said all pro-LGBT legislation is reviewed prior to reintroduction at the start of a new Congress.
“Every Congress, legislation is reviewed with an eye toward making any needed changes or improvements,” Sainz said. “The goal is always to better the lives of LGBT people. This process is underway with every piece of legislation.”
Ian Thompson, legislative representative for the American Civil Liberties Union, also acknowledged the review process and said he welcomes changes that would provide stronger protections for LGBT people.
“Prior to reintroduction in any Congress, legislation should always be reviewed in light of political and legal developments that may necessitate changes,” Thompson said. “I am firmly of the belief that this should always be done with an eye toward securing the strongest possible protections for LGBT people.”
Tico Almeida, president of Freedom to Work, declined to comment.
Lesbian Sen. Tammy Baldwin (D-Wis.) told SiriusXM Out Q’s Michelangelo Signorile in an interview this week that stakeholders are working the bill by “getting it in final form.”
“Right now the author of the legislation is engaged in negotiations to put finishing touches on the version of the bill that will be introduced, perhaps right after the break for Easter and Passover,” Baldwin said.
It’s not yet clear whether the final language for ENDA in the House version of the bill sponsored by Polis and the Senate bill that Sen. Jeff Merkley (D-Ore.) has previously sponsored would be identical. Polis suggested the two versions of the bill may be different when asked if his introduction of ENDA would be concurrent with Merkley’s introduction of the bill.
“No decision made in terms of that,” Polis said. “Those are also [decisions] to be made in terms of do you do it on the same day, and do you do different versions or the same version. There are always all those decisions to be made around timing of bills.”
Jamal Raad, a Merkley spokesperson, said a bipartisan group of lawmakers is at work on ENDA prior to its reintroduction, identifying Sen. Mark Kirk (R-Ill.), who’s been an original co-sponsor in the past.
“We are currently working with Senator Kirk’s team and stakeholders, and hope to reintroduce soon,” Raad said.
Asked if any changes would be made to ENDA, Raad replied, “We are reviewing the language with cosponsors and stakeholders, but no decision has been made.”
Stakeholders affirmed that they’re committed to ensuring the bill includes protections based on gender identity and expression. Polis maintained he wants an inclusive bill.
“I’m firmly committed to ensuring this is an inclusive bill and will address the issue of discrimination in the transgender community,” Polis said.
Asked to clarify whether the gender identity protections would be modified in any way, Polis said a listening process is underway without identifying any change in particular.
“We are in the process of listening to folks in the equality community — both the transgender community as well as the gay community,” Polis said. “We’ve gotten a lot of good input into improving the bill. We’re trying to see where we can forge consensus, and again, no decisions have been made about the final language.”
In 2007, former Rep. Barney Frank (D-Mass.) invoked the ire of many in the LGBT community when he advanced a version of ENDA without the gender identity protections, saying the votes weren’t present to pass a transgender-inclusive bill. Frank later came to believe ENDA must be passed with gender identity protections.
State Department
Democracy Forward files FOIA request for State Department bathroom policy records
April 20 memo outlined anti-transgender rule
Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.
A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.
“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”
President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”
Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.
Federal Government
House Republicans push nationwide ‘Don’t Say Gay’ bill
Measures would restrict federal funding for LGBTQ-affirming schools
Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.
Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.
The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.
The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.
It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”
LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.
A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.
Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.
David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.
“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”
This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.
The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.
National
BREAKING NEWS: Shots fired at the White House Correspondents’ Dinner
Shooter reportedly opened fire inside hotel
Four loud bangs were heard in the International Ballroom of the Washington Hilton during the annual White House Correspondents’ Dinner on Saturday.
According to the Associated Press, a shooter opened fire inside the hotel outside the ballroom.
Attendees could hear four loud bangs as people started to duck and take cover. During the chaos sounds of salad and glasses were dropped as hotel employees, and guests ducked for cover.
The head table — which included President Donald Trump, Vice President JD Vance, first lady Melania Trump, and White House Correspondents Association President Weijia Jiang — were rushed off stage.
“The U.S. Secret Service, in coordination with the Metropolitan Police Department, is investigating a shooting incident near the main magnetometer screening area at the White House Correspondents’ Dinner,” the U.S. Secret Service said in a statement. “The president and the First Lady are safe along all protects. One individual is in custody. The condition of those involved is not yet known, and law enforcement is actively assessing the situation.”
Trump held a press conference at the White House after he left the hotel.
“A man charged a security checkpoint armed with multiple weapons and he was taken down by some very brave members of Secret Service,” said Trump.
Trump said the shooter is from California. He also said an officer was shot, but said his bullet proof vest “saved” him.
D.C. Mayor Muriel Bowser, interim D.C. police chief Jeffrey Carroll, U.S. Attorney for D.C. Jeanine Pirro, and other officials held their own press conference at the hotel.
Carroll said the gunman who has been identified as Cole Tomas Allen was armed with a shotgun, handgun, and “multiple” knives when he charged a Secret Service checkpoint in a hotel lobby. Carroll also told reporters that law enforcement “exchanged gunfire with that individual.”
Both he and Bowser said the gunman appeared to act alone.
“We are so very thankful to members of law enforcement who did their jobs tonight and made sure all guests were safe,” said Bowser. “Nobody else was involved.”
The Washington Blade will update this story as details become more available.
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