Politics
5 Senate Democrats not sponsoring ENDA
Supporters looking for 60 votes as vote expected this summer
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 āwe need to getā 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 fourĀ 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 ā Nelson, Rockefeller, Johnson, Pryor ā 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 isĀ “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 EventĀ in May, Portman said he “totally support[s] the concept” of ENDA, but has concerns aboutĀ ālitigation that could resultā and āreligious freedom.ā
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, FlakeĀ 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 ā moderates and conservatives alike ā 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.Ā 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.
Congress
Senate Dems object to House GOP’s anti-LGBTQ, anti-abortion approps riders
45 senators signed a letter issued to leadership on Thursday
A group of 45 Senate Democrats sent a letter Thursday urging leadership to reject the 55+ anti-abortion and anti-LGBTQ measures that Republican members of the U.S. House of Representatives have attached to must-pass FY25 spending bills, while also arguing that the “poison pill” policy riders must be kept out of the appropriations process moving forward.
The letter was addressed to the Senate’s Democratic and Republican leaders, Chuck Schumer (N.Y.) and Mitch McConnell (Ky.), along with the chair and vice chair of the Senate Appropriations Committee, Patty Murray (D-Wash.) and Susan Collins (R-Maine). Among the signatories are 11 of the committee’s 14 Democratic members ā including Jeff Merkley (Ore.), Tammy Baldwin (Wis.), and Cory Booker (N.J.), who led the effort.
The House, meanwhile, voted on Wednesday to approve the major annual defense funding bill, with a provision that would prohibit the children of U.S. service members from accessing gender-affirming health treatments under the Pentagonās TRICARE program.
From here, the National Defense Authorization Act will face two major roadblocks that, for the past two years, have doomed other appropriations bills that were packed with partisan policy riders and passed by the House under the Republican leadership: first, the Senate’s Democratic majority, and second, President Joe Biden and his promise to veto legislation that would undermine reproductive rights or target trans and LGBTQ communities.
Of course, a path forward for these bills will become far clearer and easier next month when President-elect Donald Trump returns to the White House and the 119th Congress is seated with Republicans reclaiming control of the upper chamber.
In their letter, the senators explained that appropriations funding in recent years has typically been passed by the Senate in committee, usually with wide bipartisan margins, but the process is undermined when their conservative counterparts in the lower chamber pack the bills with right-wing policy riders.
Relative to concerns about harms to the legislative process, however, the authors placed a greater emphasis on the case for rejecting these measures because they are “partisan, discriminatory, and harmful.”
For instance, the letter notes that as House Republicans seeking to use the appropriations process as a vehicle for opening the door to discrimination on the basis of sexual orientation and gender identity, or to ban access to transgender medical care, LGBTQ Americans are facing an unprecedented onslaught of legislative attacks, with 42 state legislatures introducing more than 574 anti-LGBTQ bills this year alone.
Additionally, the senators wrote, policy riders that would further restrict access to reproductive healthcare come as Americans are reeling from the aftermath of the U.S. Supreme Court’s 2022 ruling in Dobbs, which overturned protections that were first established when Roe v. Wade was decided in 1933. As a result, the letter notes, total abortion bans are now enforced in 13 states with a handful of others setting early gestational limits.
Congress
House passes defense spending bill with anti-trans rider targeting military families
‘Not since DOMA’ has ‘an anti-LGBTQ+ policy been enshrined into federal law’
The U.S. House of Representatives on Wednesday voted to pass the annual military appropriations bill with a rider that would prohibit the children of U.S. service members from accessing gender-affirming health treatments under the Pentagon’s TRICARE program.
After clearing the floor vote with a comfortable margin of 281-140, the bill’s future is uncertain provided that Senate Democrats are unlikely to move on a National Defense Authorization Act that contains a discriminatory, partisan policy advanced by House Republican leadership and President Joe Biden promising to veto any legislation that targets transgender rights.
House Speaker Mike Johnson (R-La.) reportedly insisted on amending the NDAA to add the anti-trans policy after a final version of the bill had already been negotiated by the chairs and ranking members of the Senate and House Armed Services Committees over the weekend, earning a sharply worded rebuke from the later committee’s top Democrat, U.S. Rep. Adam Smith (Wash.).
“Blanketly denying health care to people who clearly need it, just because of a biased notion against transgender people, is wrong,” the congressman wrote. Johnson is “pandering to the most extreme elements o this party to ensure that he retains his speakership,” he said, and in the process the GOP leader has upended “what had been a bipartisan process.”
Just after the NDAA was passed, Human Rights Campaign President Kelley Robinson shared a statement with the Washington Blade.
āMilitary servicemembers and their families wake up every day and sacrifice more than most of us will ever understand. Those families protect our right to live freely and with dignity ā they deserve that same right, and the freedom to access the care their children need.
Today, politicians in the House betrayed our nationās promise to those who serve. Not since the āDefense of Marriage Actā passed almost 30 years ago has an anti-LGBTQ+ policy been enshrined into federal law.
For the thousands of families impacted, this isnāt about politics. Itās about young people who deserve our support. Those who have courageously stepped up to serve this country should never have their families used as bargaining chips.
Now, the Senate has the opportunity to reject this and any bill that includes these dangerous anti-trans, anti-military family provisions, and remember the fundamental promise of our democracy: That everyone deserves dignity, respect, and the right to healthcare.ā
Politics
Heritage Foundation praises effort to ban transgender healthcare for military families
House GOP signals eagerness to implement Project 2025’s anti-LGBTQ policies
In a statement released Tuesday, the conservative Heritage Foundation praised House Republicans’ military spending bill, including the provision added by Speaker Mike Johnson (R-La.) that would ban gender-affirming healthcare interventions for the children of U.S. service members.
Victoria Coates, vice president of the organization’s Kathyrn and Shelby Cullom Davis Institute for National Security and Foreign Policy, said the National Defense Authorization Act, which was passed by the U.S. House Rules Committee along party lines on Monday, marks an “important step toward a defense budget that flows from strategy and directs DOD to become as lethal as possible to protect the national security of Americans.”
āThe bill authorizes resources for DOD at the border, retains the Houseās ban on corrosive race-based policies, eliminates the Senate’s provision to draft our daughters, prohibits transgender surgeries for minors under TRICARE, supports military construction in the Indo-Pacific and shipbuilding, including a third Arleigh Burkeāclass destroyer, and incremental funding for a second Virginia-class submarine,” Coates said. “These policies in this bill, combined with new military leadership, will make America stronger.ā
In April 2022, the Heritage Foundation published Project 2025, a comprehensive 920-page governing blueprint for President-elect Donald Trump’s second term that proposes radical reforms to imbue the federal government with ābiblical principlesāĀ and advance a Christian nationalist agenda, including by stripping rights away from LGBTQ Americans while abandoning efforts to promote equality for sexual and gender minorities abroad.
“The next conservative president must make the institutions of American civil society hard targets for woke culture warriors,” the authors explain on page four, beginning “with deleting the terms sexual orientation and gender identity (āSOGIā), diversity, equity, and inclusion (āDEIā), gender, gender equality, gender equity, gender awareness, gender-sensitive, abortion, reproductive health, reproductive rights, and any other term … out of every federal rule, agency regulation, contract, grant, regulation, and piece of legislation that exists.”
The document also lays the groundwork for the incoming administration to revive the ban on military service by transgender troops that Trump implemented during his first term, arguing that “gender dysphoria is incompatible with the demands of military service.”
Leading up to the election, when Project 2025 became a political liability for Trump, he tried to distance himself from the document and its policy proposals, but as the New York Times documented, an “analysis of the Project 2025 playbook and its 307 authors and contributors revealed that well over half of them had been in Mr. Trumpās administration or on his campaign or transition teams.”
The Times also noted that Trump has held meetings with Heritage Foundation President Kevin Roberts and a co-founder, Edwin Feulner.
In October, the Congressional Equality Caucus published a report entitled, āRipping Away Our Freedoms: How House Republicans are Working to Implement Project 2025ās Assault on LGBTQI+ Americansā Rights.ā
The group’s openly gay chair, U.S. Rep. Mark Pocan (D-Wis.), noted that āWhen Republicans took control of the House of Representatives last year, we saw an avalanche of attacks against the LGBTQI+ community.ā
The congressman added, āDuring the past two years, they forced more than 70 anti-LGBTQI+ votes on the House floor. And nearly every bill and amendment idea was ripped out of the pages of Project 2025ās āMandate for Leadership 2025: The Conservative Promise.’ā
The NDAA filed by House Republicans is unlikely to pass through the U.S. Senate while the chamber remains under Democratic control, and President Joe Biden has vowed to veto legislation that discriminates against transgender and LGBQ communities, but the spending package will face far fewer obstacles after the new Congress is seated on Jan. 3 and Trump is inaugurated on Jan. 20.
Objecting to the spending bill’s inclusion of language prohibiting military families from accessing gender affirming care are congressional Democrats like U.S. Rep. Adam Smith (Wash.), who serves as the ranking member of the U.S. House Armed Services Committee, and advocacy groups like the Human Rights Campaign and the American Civil Liberties Union.
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