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5 Senate Democrats not sponsoring ENDA

Supporters looking for 60 votes as vote expected this summer

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5 Democratic U.S. senators don't co-sponsor ENDA (Blade photo compilation by Michael Key)

5 Democratic U.S. senators don’t co-sponsor ENDA (Photos public domain)

Amid renewed attention to the Employment Non-Discrimination Act, a total of five Democratic senators have so far declined to co-sponsor the legislation.

During a Pride reception at the White House last week, President Obama gave ENDA a boost when he said “we need to get” the legislation passed. Senate Majority Leader Harry Reid (D-Nev.) broke with tradition when he signed as a co-sponsor of the bill immediately afterward.

Just last week, Sen. Heidi Heitkamp (D-N.D.), a conservative Democrat who voted against expanded background checks for gun sales, signed on as a co-sponsor. The office of Sen. Tom Carper (D-Del.) confirmed to the Washington Blade on Monday he’ll also sign on in support of the bill.

But five Democrats in the Senate still aren’t co-sponsors of the legislation: Sens. Bill Nelson (D-Fla.), Mark Pryor (D-Ark.), Joe Manchin (D-W.Va.), Jay Rockefeller (D-W.Va.) and Tim Johnson (D-S.D.).

A spokesperson for Sen. Nelson said he is traveling today and unavailable for immediate comment. The other four offices didn’t immediately respond to requests for comment.

Tico Almeida, president of Freedom to Work, said there’s “simply no valid excuse” for any Democratic senator to withhold their support for ENDA as a full Senate vote on the legislation approaches.

“If any of these senators vote ‘no’ on ENDA, they will betray our American values of fairness and equal opportunity and they will turn their backs on hardworking gay and transgender citizens who simply want a fair shot to hold a job in a really tough economy,” Almeida said.

Four of these Democrats — Nelson, Rockefeller, Johnson, Pryor — voted for “Don’t Ask, Don’t Tell” repeal in 2010. Manchin didn’t vote on the bill, but later said withholding the vote was “wrong.”

Their support could be needed quickly if, as promised by Reid in his Pride statement, the floor vote on ENDA comes up “soon.” Senate Health, Education, Labor & Pensions Committee Chair Tom Harkin (D-Iowa) is expected to report the legislation out of committee this summer.

Almeida called for action from the Democratic National Committee and the Democratic Senatorial Campaign Committee to persuade these five senators to declare their support for ENDA and make clear a vote in favor of the bill is “a bedrock principle for all Democrats in good standing.”

“It would also be great if President Obama, Vice President Joe Biden, and the White House legislative team got in the game by aggressively lobbying these hold-out Democrats in the weeks and months to come,” Almeida said. “In fact, President Obama could set a good example for the hold-out Democrats by signing his long overdue executive order, which is not ‘hypothetical’ no matter what some staffers want to pretend.”

Notably, Sen. Mary Landrieu (D-La.) is an ENDA co-sponsor even though she’s one of three U.S. Senate Democrats who have not come out in support of marriage equality. The other two are Manchin and Pryor.

Assuming all 54 senators in the Democratic caucus vote for ENDA, a total of six additional Republicans would be needed for 60 votes to end the likely filibuster of the legislation on the Senate floor. Two Republicans are already co-sponsors: Sens. Susan Collins (R-Maine) and Mark Kirk (R-Ill.).

The additional Republicans who are seen as the most likely supporters are Sens. Rob Portman (R-Ohio), Lisa Murkowski (R-Alaska), Jeffery Chiesa (R-N.J.), Jeff Flake (R-Ariz.), Richard Burr (R-N.C.) and Dean Heller (R-Nev.).

Portman came out for marriage equality earlier this year after learning his son is gay. During an interview at a Buzzfeed Brews Event in May, Portman said he “totally support[s] the concept” of ENDA, but has concerns about “litigation that could result” and “religious freedom.”

Jeffrey Sadosky, a Portman spokesperson, expressed a similar sentiment on the Ohio Republican’s views on ENDA in an email to the Blade on Monday.

“Senator Portman is strongly opposed to discrimination and is looking at proposals to address it,” Sadosky said. “He is concerned about excessive reliance on litigation as a tool for social change, and will continue to review the most recent version of ENDA.”

Murkowski and Burr were two Republicans who voted for “Don’t Ask, Don’t Tell” repeal in 2010. But while Murkowski voted for cloture and to pass the measure, Burr only voted for final passage and withheld his vote for cloture.

Chiesa comes from a traditionally “blue” state that already has a statewide law prohibiting LGBT employment non-discrimination. He hasn’t yet articulated a position on ENDA.

Flake, a relative newcomer to the Senate, is also contender to support ENDA because as U.S. House member, he voted for a version of the legislation that came to the House floor in 2007 (although he also voted for the motion to recommit, which would have killed the bill). Still, Flake recently took an anti-gay position when he said he’d abandon comprehensive immigration reform if a provision for bi-national same-sex couples was included in the bill.

Heller is also a relative newcomer to the Senate, but also in play because he represents a moderate state and twice voted in favor of LGBT-inclusive reauthorization of the Violence Against Women Act.

Gregory Angelo, executive director of Log Cabin Republicans, said his organization has been working to lobby Republicans — moderates and conservatives alike — to support ENDA. He declined to comment on the content of the talks.

“In the realm of lobbying, the Log Cabin Republicans mantra is to leave no stone unturned,” Angelo said. “I’m constantly on the Hill outlining our reasons of support for ENDA, both among Republican members of the Senate and members of the House. This isn’t about going after moderates but about making the case to common-sense conservatives that no one should be fired from their job because they happen to be gay.”

Another issue is the upcoming special election for the U.S. Senate seat in Massachusetts on June 25. The winner of that race will likely vote on ENDA instead of the interim U.S. Sen. William Maurice “Mo” Cowan.

Both candidates have expressed support for the bill. But the Democratic candidate, Rep. Ed Markey (D-Mass.), is a co-sponsor of ENDA in the House. The Republican candidate, Gabriel Gomez, came out in support of ENDA in a statement provided to the Washington Blade by his campaign last week.

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Congress

Torres: gay Venezuelan asylum seeker is ‘poster child’ for Trump’s ‘abuses against due process’

Congressman spoke with the Blade Thursday

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Democratic U.S. Rep. Ritchie Torres of New York told the Washington Blade during an interview Thursday that his party erred in focusing so much attention on demands for the Trump-Vance administration to return Kilmar Abrego Garcia to the U.S. when the wrongful deportation of Andry Hernández Romero “was much more egregious.”

Hernández is a gay Venezuelan national who was deported to El Salvador in March and imprisoned in the country’s notorious Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT.

“In the case of Andry, the government admits that it has no evidence of gang membership, but he was deported without due process, without a notification to his attorney, without a court hearing to contest the allegations against him, without a court order authorizing his deportation,” the congressman said.

“He had not even the slightest semblance of due process,” Torres said. “And even though he had a court hearing scheduled for March 17, the Trump administration proceeded to deport him on March 15, in violation of a court order.”

“I think we as a party should have held up Andry as the poster child for the abuses against due process, because his case is much more sympathetic,” Torres said. “There’s no one who thinks that Andry is a gang member.”

“Also,” the congressman added, “he’s not a quote-unquote illegal immigrant. He was a lawful asylum seeker. He sought asylum lawfully under the statutes of the United States, but he was deported unlawfully at the hands of the Trump administration.”

Torres was among the 49 members of Congress who joined with Democratic U.S. Sens. Alex Padilla and Adam Schiff of California in writing to Secretary of State Marco Rubio on Monday demanding information about Romero, including proof of life.

The lawmakers urged the State Department to facilitate his access to legal counsel and take steps to return him, expressing fear for his safety — concerns that Torres reiterated on Thursday.

“Jails and prisons can be dangerous places for gay men, and that is especially true of a place like CECOT,” the congressman said. “He fled Latin America to escape violent homophobia. There are a few places on earth that have as much institutionalized homophobia as jails and prisons, and so I do fear for his safety.”

“I released a video telling the story of Andry,” Torres noted, adding, “I feel like we have to do more to raise awareness and the video is only the beginning … And you know, the fact that Abrego Garcia is returning to the United States shows that the administration has the ability to bring back the migrants who were unlawfully deported.”

Torres spoke with the Blade just after Padilla was forcibly removed from a federal building in Los Angeles after attempting to question U.S. Homeland Security Secretary Kristi Noem during a press conference on immigration Thursday.

Footage of the senator being pushed out of the room, onto the floor, and handcuffed by officers wearing FBI identifying vests drew outrage from top Democrats in California and beyond.

“It’s the latest reminder that Donald Trump and his administration have no respect for anything or anyone but himself,” Torres told the Blade. “And every bit as outrageous as Donald Trump himself has been the enabling on the part of the congressional Republicans who are aiding and abetting his authoritarian abuses.”

“We have to be vigilant in resisting Donald Trump,” the congressman said. “We have to resist him on the streets through grassroots mobilization. We have to resist him in the courtrooms through litigation. We have to resist him in the halls of Congress through legislation.”

Torres added that “we have to win back the majority in 2026” and “if Republicans have no interest in holding Donald Trump accountable, then those Republicans should be fired from public office” because “we need a Congress that is able and willing to hold Donald Trump accountable, to stand up to his authoritarian assault on our democracy.”

Resisting is “a matter of free speech,” he said, noting that the president’s aim is to “create a reign of terror that intimidates people into silence,” but “we cannot remain silent. We have to unapologetically and courageously exercise our right to free speech, our right to assemble peacefully, and our right to resist an authoritarian president like Donald Trump.”

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Congress

Padilla forcibly removed from federal building for questioning DHS secretary

Prominent Democrats rushed to defend senator

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U.S. Sen. Alex Padilla (D-Calif.) (Washington Blade photo by Michael Key)

Democratic U.S. Sen. Alex Padilla of California was forcibly removed from a federal building in Los Angeles after attempting to ask questions of U.S. Homeland Security Secretary Kristi Noem during a press conference on immigration Thursday

The city has been rattled in recent days as protestors objecting to the Trump-Vance administration’s immigration crackdowns clashed with law enforcement and then the president deployed National Guard troops and U.S. Marines, which was seen as a dramatic escalation.

According to a video shared by his office, the senator, who serves as ranking member of the Senate Judiciary Immigration Subcommittee, introduced himself and said, I have questions for the secretary.” After he was pushed out of the room, officers with FBI-identifying vests told Padilla to put his hands behind his back and handcuffed him.

“Senator Padilla is currently in Los Angeles exercising his duty to perform Congressional oversight of the federal government’s operations in Los Angeles and across California,” reads a statement from his office.

“He was in the federal building to receive a briefing with General Guillot and was listening to Secretary Noem’s press conference,” the statement continued. “He tried to ask the secretary a question, and was forcibly removed by federal agents, forced to the ground and handcuffed. He is not currently detained, and we are working to get additional information.”

Democrats were furious, with many releasing strong statements online condemning the actions of law enforcement officers, including California Gov. Gavin Newsom (D), Los Angeles Mayor Karen Bass (D), and the state’s other U.S. senator, Adam Schiff (D).

Human Rights Campaign Chief of Staff Jay Brown also issued a statement: “A sitting U.S. senator should be allowed to ask a Cabinet secretary a question at a press conference — in his own state, on an issue affecting his constituents — without being violently thrown to the floor and handcuffed. Everyone who cares about our country must condemn this undemocratic act. Full stop.”



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51 lawmakers sign letter to Rubio about Andry Hernández Romero

U.S. Rep. Robert Garcia (D-Calif.) spoke about gay Venezuelan asylum seeker

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Andry Hernández Romero (Photo courtesy of the Immigrant Defenders Law Center)

Forty nine members of Congress and two U.S. senators, all Democrats, signed a letter Monday to Secretary of State Marco Rubio demanding information about Andry Hernández Romero, a gay Venezuelan national who was deported to El Salvador and imprisoned in the country’s notorious Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT

“We are deeply concerned about the health and wellbeing of Mr. Hernández Romero, who left
Venezuela after experiencing discriminatory treatment because of his sexual orientation and
opposition to Venezuela’s authoritarian government,” the lawmakers wrote. They urged the State Department to facilitate his access to legal counsel and take steps to return him.

After passing a credible fear interview and while awaiting a court hearing in March, agents with U.S. Immigration and Customs Enforcement reportedly transported Hernández out of the U.S. without due process or providing evidence that he had committed any crime.

In the months since, pressure has been mounting. This past WorldPride weekend in Washington was kicked off with a rally in front of the U.S. Supreme Court and a fundraiser, both supporting Hernández and attended by high profile figures including members of Congress, like U.S. Rep. Mark Takano (D-Calif.)

U.S. Rep. Robert Garcia (D-Calif.) was among the four members who wrote to Rubio about Hernández in April. On Friday, he spoke with the Washington Blade before he and his colleagues, many more of them this time, sent the second letter to Rubio.

“There’s a lot of obviously horrible things that are happening with the asylum process and visas and international students and just the whole of our value system as it relates to immigration,” he said, which “obviously, is under attack.”

“Andry’s case, I think, is very unique and different,” the congressman continued. “There is, right now, public support that is building. I think he has captured people’s attention. And it’s growing — this is a movement that is not slowing down. He’s going to be a focal point for Pride this year. I mean, I think people around the world are interested in the story.”

Garcia said he hopes the momentum will translate to progress on requests for proof of life, adding that he was optimistic after meeting with Hernández’s legal team earlier on Friday.

“I mean, the president, Kristi Noem, Marco Rubio — any of these folks could could ask to see if just he’s alive,” the congressman said, referring to the secretary of Homeland Security, whom he grilled during a hearing last month. ICE is housed under the DHS.

“People need to remember, the most important part of this that people need to remember, this isn’t just an immigration issue,” Garcia noted. “This is a due process issue. This is an asylum case. We gave him this appointment. The United States government told him to come to his appointment, and then we sent him to another country, not his own, and locked him up with no due process. That’s the issue.”

Garcia said that so far neither he nor his colleagues nor Hernández’s legal team were able to get “any answers from the administration, which is why we’re continuing to advocate, which is why we’re continuing to reach out to Secretary Rubio.”

“A lot more Democrats are now engaged on this issue,” he said. U.S. Sens. Adam Schiff and Alex Padilla, both from California, joined Monday’s letter. “The more that we can get folks to understand how critical this is, the better. The momentum matters here. And I think Pride does provide an opportunity to share his story.”

Asked what the next steps might be, Garcia said “we’re letting his legal team really take the lead on strategy,” noting that Hernández’s attorneys have “already engaged with the ACLU” and adding, “It’s very possible that the Supreme Court could take this on.”

In the meantime, the congressman said “part of our job is to make sure that that people don’t forget Andry and that there is awareness about him, and I think there’s a responsibility, particularly during WorldPride, and during Pride, all throughout the month — like, this is a story that people should know. People should know his name and and people should be aware of what’s going on.”

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