Politics
3 things to watch during the ENDA markup
Senate panel set to vote Wednesday on LGBT anti-bias job bill

Sen. Elizabeth Warren (D-Mass.), Sen. Tom Harkin (D-Iowa), Sen. Tammy Baldwin (D-Wis.) and Sen. Lisa Murkowski (R-Alaska) are members of the Senate committee that will vote Wednesday on ENDA. (Photos public domain).
LGBT advocates will be watching a Senate committee Wednesday when it votes on long-sought legislation to protect LGBT workers from discrimination.
The Senate Health, Labor, Education & Pensions Committee will hold its markup Wednesday at 10 a.m. on the Employment Non-Discrimination Act. A successful vote would mark the first time a version of ENDA with transgender protections advanced in Congress.
Here are three things to watch for during the markup before the final vote:
1. What will Republicans do?
Given that all 12 Democrats on the committee — in addition to one Republican, Sen. Mark Kirk (R-Ill.) — are co-sponsors of ENDA, the legislation will almost assuredly be reported to the Senate floor regardless of Republican action if the final vote is on the bill as it was introduced.
Progressive advocates like lesbian Sen. Tammy Baldwin (D-Wis.) and Sen. Elizabeth Warren (D-Mass.) will almost certainly take the opportunity to weigh in on their first opportunity to vote on a bill entirely dedicated to LGBT issues since the start of the 113th Congress.
But support for ENDA from one Republican member of the committee during the markup — Sen. Lisa Murkowski (R-Alaska) — is seen as crucial for ENDA’s prospects for finding 60 votes to end an expected filibuster on the Senate floor. It’ll be difficult for her to change her vote in the full Senate once her position becomes known based on her vote in committee.
Murkowski’s office didn’t respond to a request for comment on ENDA, but she’s known for being supportive of LGBT rights. Just before the Supreme Court rulings on the Defense of Marriage Act and California’s Proposition 8, Murkowski became the third sitting U.S. Senate Republican to come out in favor of marriage equality. She’s also voted for hate crimes protection legislation and “Don’t Ask, Don’t Tell” repeal.
One LGBT advocate, who spoke on condition of anonymity, said Murkowski staffers have said she voted in favor of the Anchorage LGBT non-discrimination ordinance that came before voters in the city last year and was voted down.
Michael Cole-Schwartz, an HRC spokesperson, said his organization is lobbying senators on both sides of the aisle as the Senate markup approaches.
“The first Senate mark-up of an inclusive ENDA is a tremendous step toward floor passage and HRC has been lobbying senators on the bill, Republicans and Democrats alike,” Cole-Schwartz said. “Our efforts include both meetings with staff and senators in Washington as well as generating grassroots support in targeted states around the country.”
Tico Almeida, president of Freedom to Work, said his organization has been lobbying Republicans on ENDA.
“I’ve also asked Freedom to Work’s Republican Legislative Director, Christian Berle, to lobby any and every Republican member of Congress who will take our meeting to hear why ENDA is good for business and consistent with American values about hard work and success,” Almeida said.
Almeida declined to comment on which Republicans his organization has met with, but said there are more GOP members of Congress who’ll vote for a trans-inclusive ENDA than are commonly known.
But Almeida also gave credit to the American Unity Fund, a newly formed Republican LGBT group funded by Republican philanthropist Paul Singer, saying he’s “really impressed by their work on ENDA, and I’m told there’s much more to come.” That group didn’t respond to a request for comment.
The actions of GOP members during the markup are important because Republicans who oppose the legislation may take the opportunity to offer “poison pill” amendments that, if adopted, would make ENDA less palatable for final passage or limit its scope.
Sen. Lamar Alexander (R-Tenn.), the top Republican on the committee, may be the one to carry water for the Republican opposition to ENDA during the committee markup and during the vote on the Senate floor. In the previous Congress, Alexander earned a score of 15 out of 100 on HRC’s congressional scorecard.
Prior to the July 4 recess, Alexander was tight-lipped while speaking with the Washington Blade on Capitol Hill.
“I’m reviewing that now; I’m reviewing that now,” Alexander said.
Asked whether he’s leaning one way or the other on the legislation, Alexander said, “No. I’m still reviewing it. I’m working on immigration and that doesn’t come up until — that’s about a month away.”
2. Will ENDA be updated following Supreme Court decisions on job bias?
As amendments are offered up to ENDA during the markup, technical changes will likely be made to the legislation in the aftermath of recent Supreme Court rulings related to employment discrimination.
One such ruling was in 2009 in the case of Gross v. FBL Financial Services, which raised the standard of proof for making a claim of age discrimination in the workplace based on the Age Discrimination in Employment Act.
The ruling was issued in such a way that, if the current version of ENDA were to become law, would also make allegations of LGBT workplace discrimination more difficult to pursue. The LGBT group Freedom to Work has called for a change in the wording of ENDA to ensure meritorious cases of LGBT workplace discrimination would succeed.
In a statement, Senate HELP Committee Chair Tom Harkin (D-Iowa) said he supports the idea of updating ENDA in accordance with other legislation he previously introduced known as the Protecting Older Workers Against Discrimination Act to address issues the Gross ruling created.
“Last Congress, I introduced a bill with Sen. Grassley to reverse the Supreme Court’s decision in Gross v. FBL Financial, and I intend to do so again soon,” Harkin said. “I believe the same standard of proof already applicable for plaintiffs alleging discrimination based on race, sex, national origin and religion should also apply to age and disability, as well as sexual orientation and gender identity.”
Another issue is whether ENDA will be updated in the wake of more recent Supreme Court rulings last month in the case of Vance v. Ball State University and the case of University of Texas Southwestern Medical Center v. Nassar.
In the Vance case, the court ruled that a person must be able to hire and fire someone to be considered a supervisor in discrimination lawsuits. In the Nassar case, the court limited how juries can decide retaliation lawsuits and said victims must prove employers only took action against them only for the intention to retaliate.
Writing the dissent in these rulings, Associate Justice Ruth Bader Ginsburg said the decisions dilute the strength of Title VII of the Civil Rights Act, adding the “ball is once again in Congress’ court to correct the error.”
Harkin’s office didn’t respond to a request for comment on whether the senator would support updating ENDA to ensure meritorious cases of LGBT workplace discrimination would succeed in the wake of those decisions.
Almeida predicted the committee would make technical changes to ENDA “to fix some loopholes and mistakes in ENDA’s current text” in a way that would update it in the wake of these Supreme Court decisions.
“In fact, I imagine some Republican senators will want to see technical corrections to certain drafting mistakes that accidentally make ENDA slightly more liberal than it should be,” Almeida said. “I think these technical corrections will be non-controversial and will help us create a better, smarter ENDA that can pass the Senate with 60 or more votes this year.”
Matt McNally, a spokesperson for ENDA’s chief sponsor Sen. Jeff Merkley (D-Ore.), said in a statement to the Blade the senator is prepared to make changes that Harkin deems fit.
“Sen. Merkley supports the current bill and will be working with his colleagues on the HELP committee, under the leadership of chairman Harkin, on any potential changes to the bill during markup,” McNally said.
3. Will lawmakers narrow ENDA’s religious exemption?
Another issue to watch — although the chances of any movement are unlikely — is whether efforts to limit ENDA’s religious exemption will gain traction. LGBT groups are divided on whether the provision should stay as it is, or be restricted to enable greater protection against anti-LGBT workplace discrimination.
Currently, ENDA has a religious exemption that provides leeway for religious organizations, like churches or religious schools, to discriminate against LGBT employees. That same leeway isn’t found under Title VII, which prohibits religious organizations from discriminating on the basis of race, gender or national origin.
Ian Thompson, legislative representative for the American Civil Liberties Union, said lawmakers should at least consider rethinking the idea of narrowing the religious exemption during the upcoming markup.
“What we have seen over the past several months is an increasing array of voices weighing in on the need to appropriately narrow ENDA’s sweeping religious exemption — from prominent editorials in the Los Angeles Times and New York Times to the chairman emeritus of the NAACP, Julian Bond,” Thompson said. “As more pro-equality members of Congress understand the potential harms of the current exemption, I think there will be even more support for narrowing it. That foundation is being laid now.”
Immediately after the introduction of ENDA in April, the ACLU — along with Lambda Legal, the National Center for Lesbian Rights and the Transgender Law Center — made public a letter saying they have “grave concerns” about ENDA’s religious exemption.
Informed sources, speaking on condition of anonymity, have told the Washington Blade the ACLU proposed a change in language related to the religious exemption prior to the bill’s reintroduction at the beginning of the year, but Merkley rejected the proposal out of concern that Republicans would bolt from the bill.
In a statement to the Blade, Harkin indicated a lack of interest in restricting ENDA’s religious exemption by emphasizing he opposes discrimination against LGBT employees by secular employers.
“I believe that — as with all other anti-discrimination protections — a capable employee working for a secular, non-religious organization, should not be fired, or not hired, because of his or her sexual orientation or gender identity,” Harkin said.
Voting in favor of narrowing the religious exemption would also be difficult for lesbian Sen. Tammy Baldwin (D-Wis.), who’s a member of the HELP committee, because as a U.S. House member in 2007 she voted in favor of the current religious exemption when it was offered up as an amendment on the floor.
Despite these calls to limit the religious exemption in ENDA, many prominent LGBT groups working on ENDA say they support the religious exemption as it stands. Among them is Freedom to Work’s Almeida, who noted many religious groups support ENDA because of the exemption.
“Some churches and religious organizations will choose discrimination and some churches will choose inclusion of all of God’s children,” Almeida said. “ENDA does not force the choice of the federal government upon any church, and therefore ensures that ENDA will not be struck down someday by the U.S. Supreme Court for violating religious freedom.”
In a report dated June 11, 2012, the Center for American Progress also endorsed the religious exemption, saying it’s “politically” necessary for ENDA to advance and secure employment protections for LGBT Americans.
“At its core ENDA is about ensuring that all Americans can go to work in an environment free of discrimination,” the report states. “By including such a broad exemption for religious organizations, ENDA is also about protecting religious freedoms.”
One of the authors of the report is Jeff Krehely, who has since departed the Center for American Progress to join as vice president and chief foundation officer for the Human Rights Campaign.
Paul Guequierre, an HRC spokesperson, affirmed Krehely’s views on the religious exemption reflect the view of HRC and said the National Center for Transgender Equality and the National Gay & Lesbian Task Force share that position. NCTE affirmed it supported the exemption.
Mark Daley, a Task Force spokesperson, said his group supports the bill but wants to see the religious exemption narrowed as ENDA progresses.
“The Task Force strongly supports S. 815 and will be working hard for its passage this year,” Daley said. “We also favor narrowing the religious exemption as ENDA moves towards becoming law. We will be working to get the votes needed to pass S. 815 in the 113th Congress.”
If the Senate does take action to limit the religious exemption, it might happen on the Senate floor. During an event hosted by the moderate group Third Way last week, Sen. Kirsten Gillibrand, who isn’t a member of the HELP committee, expressed support for the idea of removing ENDA’s religious exemption.
During the Q&A session, audience member Ellen Sturtz — the lesbian activist affiliated with GetEQUAL who gained notoriety by confronting first lady Michelle Obama — asked Gillibrand whether she’s willing to amend ENDA to remove the religious exemption.
The New York senator responded simply, “Oh, yes. Yes, I am.” Asked by the Blade to elaborate, Bethany Lesser, a Gillibrand spokesperson, said, “Sen. Merkley is leading the ENDA bill and Sen. Gillibrand will offer any help she can provide to help him pass it.”
2026 Midterm Elections
Annie Andrews denounces trans athletes after Trump targets her
President used anti-trans slur to describe SC Senate candidate
Days after President Donald Trump called Annie Andrews, the cisgender Democratic nominee for South Carolina’s U.S. Senate seat, an anti-transgender slur on social media, Andrews came out against transgender girls and women participating in sports.
Trump called Andrews a “trannie” on Truth Social while attempting to garner support for her opponent, U.S. Sen. Darline Graham (R-S.C.), the incumbent seeking reelection in South Carolina.
After the president’s use of the slur was widely reported, the incident provided an opportunity for Andrews to explain her position on the ongoing trans debate that has shaped political discourse in the 2020s, despite trans people making up only 1 percent of the U.S. population, according to the Williams Institute.
She used the opportunity to denounce trans rights and pointed out that, as a physician, she had never performed gender-affirming surgery on minors.
“I want you to hear me loud and clear: I don’t support biological men playing women’s sports, and I don’t support and haven’t ever performed gender surgery for minors,” Andrews said in a political ad.
Despite these recent developments, Andrews has previously voiced support for trans South Carolinians. In 2022, she posted on her X account, criticizing the Save Women’s Sports Act, which was signed into law by Republican Gov. Henry McMaster and restricts trans girls from participating on girls’ sports teams.
“This is shameful legislation that does nothing to protect or support women or children in SC. In fact, it is actively harmful. I will always support trans youth,” Andrews wrote in after the legislation passed.
The Washington Blade reached out to Andrew’s campaign about the comments, and asked if she supports trans rights but did not receive a response.
2026 Midterm Elections
On Republican Long Island, gay Democrat Chris Gallant bets on public service over politics
Chris Gallant sat down with the Blade ahead of his race for NY’s 1st congressional district.
New York’s Long Island, which is just 50 miles from the Stonewall Inn, is a reliably red enclave where President Trump won easily in 2024.
Chris Gallant, an openly gay Democrat running for New York’s 1st Congressional District, which includes the eastern side of Long Island, is trying to capitalize on what he sees as growing frustration with the Republican Party and its ability to deliver for everyday Americans.
The Blade sat down with Gallant to discuss his move from civil servant to the fight for public office, how he has been personally impacted by the changes from the Trump administration, and the recent release of photos from his past that have brought the national spotlight his way.
Gallant has a long record of public service that, on paper, would make him an unconventional but compelling candidate for a heavily Republican district. His résumé includes New York Army National Guard service that began when he was 17, multiple overseas deployments, including multiple tours in Kuwait, work as an FAA air traffic controller, union leadership and service as a volunteer firefighter.
That record of service is central to how Gallant describes himself — particularly as he navigates the unusual combination of being an openly gay candidate, a military veteran, and a Democrat running in a district where Republicans have historically held the advantage.
“My fiancé and I both serve in the military and we built our relationship through trust, timing, and a lot of miles between us,” his campaign website says, highlighting the idea of family values that has become a central part of winning the area. “I’ve been openly gay in the military since just after ‘Don’t Ask, Don’t Tell’ ended, and I’ve learned to speak plainly, hold the line, and back up what I say. I’ve also learned how to listen — and how to bring people with very different views to the table and actually make progress.”
Gallant said that record, rather than his sexual orientation, is what should define his candidacy.
“I think who I am as a person is an asset,” he told the Blade when asked if his sexuality has played any role in his decision to run. “I’m not running because I’m gay. I’m running, and,’Oh, I’m gay.’ It’s part of my identity. It’s just a part of who I am. But it’s not necessarily on the table because that shouldn’t make a difference on how I’m going to respond in Congress or how I’m going to run into a burning building. I don’t think those things necessarily matter so much.”
For Gallant, the campaign is ultimately about something broader than identity politics. He said he is running because he wants to restore Americans’ confidence in a government that he says has become less about its people and more about the wealthy leaders in charge.
“I’ve always said that part of the reason why I am running for Congress is because I want to restore faith in our government,” he said. “We’re all drastically exhausted with what’s going on in this world, and particularly with Donald Trump being in office, [his] type of politics, and the way he works, essentially. When Biden got into office after Trump won, it was like the release of a pressure cooker… the pressure cooker is just even worse now this second time around.”
He also explained that his experience working inside the federal government has shaped how he believes Washington should approach its problems. Gallant pointed specifically to the Trump administration’s efforts to reduce the size of government and the role of the Department of Government Efficiency (DOGE), arguing that cutting government spending should not mean indiscriminate cuts.
“I understand that we as a nation need to save money, or at least fix the budget or balance it. We are getting further and further in debt … The budget is always a huge issue and something that we definitely 100% need to fix. But we need to do it with experts and, you know, attack these issues with a scalpel, not a chainsaw.”
The chainsaw Gallant mentioned is a clear reference to controversial Trump supporter Elon Musk, who announced he would be heading the highly politicized DOGE agency, where he, the first-ever trillionaire, brandished a shiny chainsaw symbolic of them cutting government spending with no regard for the impact on everyday Americans.
That philosophy, of scalpel over chainsaw, is also part of Gallant’s argument to voters who may be more accustomed to voting Republican. He does not present himself as a traditional politician, but rather as someone whose career outside politics could be an asset in Congress.
“I’m not a politician. This is my first foray into politics, and I think that’s what our politics need. We need fresh new faces, not career politicians. Someone who has brand new ideas, not tainted by politics. So I would say, give me the opportunity to prove myself, because, you know, until I actually get there and I can actually do a job, we won’t know.”
Gallant also shared signs that the political landscape on Long Island may be shifting. He pointed to gains Democrats made across the district last November and said economic concerns could further erode Republican support.
“Last November, in this district we [Democrats] gained 13 and 14 points across the district..And this district lost by 10 points last year. So even just in one year, you can tell that there’s a difference.”
The swapping of support from the Republican side to Democratic reflects the real concern voters have about the economy — impacted by the war in Iran, tariffs, and growing inflation.
“People are feeling it here in their pockets. The cost of living here on Long Island is already high, and things are just getting worse. There’s a lot of promises that were made with this administration that weren’t kept.”
Gallant said that frustration has directly translated into support from some voters who previously backed President Donald Trump.
“I know a lot of people who have voted for Donald Trump that have my lawn sign on their front lawn today. If that’s the change that they’re looking for, I’m going to provide it.”
But Gallant’s campaign has been complicated by a very different kind of political issue: the publication of photos from his past that have become a national story.
The photos, which include pictures of Gallant wearing various fetish gear for Mr. S Leather — including a harness and a collar — were shared with the New York Post.
Gallant has consistently rejected the idea that he should be ashamed of the images or that they undermine his qualifications for public office since their Sept. 13 publication. Instead, he has argued that his record of service should be considered alongside a private chapter of his life from 15 years ago.
“I mean, look, I’m totally not ashamed of who I am as a person. Those pictures were taken in my private life. I can still run into a burning building faster than most people. I can still fly a helicopter. And those are from 15 years ago, right? I built an entire life based around my commitment to the military and the Army National Guard.”
Rather than allowing the controversy to define him, Gallant said he hopes it can become part of a broader conversation about privacy and the consequences of living in a digital age — and indicated that this sort of scenario would become something semi-regular for those who grew up with technology.
“The reality is that we live in a digital age.This is what our generation is going to be stuck with. I laugh all the time because this is the reason why Congress and the Senate are about to die in their chairs. They didn’t have cameras and pictures and photos like that.”
“If I have to be the person to wave the banner now to fight and advocate for not only our community but anybody that could be put in this situation, that realizes now that we’re living in a digital age and this is what the future is going to be. It’s, you know, everything’s left online now.”
That argument extends beyond his own campaign. Gallant said he worries that the prospect of having a digital footprint scrutinized could discourage highly qualified and passionate potential public servants from seeking office.
“I understand that getting into public life means that the rest of your life becomes public. I get it, I do. But I also feel bad because there’s a lot of good people out there wanting to do a job in the public world, and they’re just afraid of what their digital footprint might have on them or might—what might exist because we’ve done things when we’re 12 or 15, or 20, or 30, or whatever.”
“I think living in this digital world, I would love to advocate for people to say, ‘How do we prevent some of these things from coming out into the public view so people can still maintain some kind of a private life?’”
For an openly gay candidate, the issue also carries a particular significance. Gallant said his experience has made him more interested in advocating for other LGBTQ people who may hesitate to enter public life because of what could eventually surface online.
His own LGBTQ policy priorities are relatively focused. He said adding further protections for same-sex marriage in federal law would be one of the issues he would want to pursue if elected, particularly as questions about the Supreme Court’s future approach to marriage equality continue to loom.
“My partner, who’s my fiancé, is currently deployed. We got engaged before he left in December because if the question came up to the Supreme Court– whether gay marriage was going to be a thing– we had to question whether, when he got back from deployment after Christmas this year, whether we were actually going to be able to legally get married.”
“I mean, these are questions that shouldn’t even be questions anymore. So if we can put something like [codifying same-sex marriage] into law, where it’s just not a Supreme Court decision and it can get overturned, like Roe v. Wade, then let’s do it.”
Gallant’s opponent, Rep. Nick LaLota (R-N.Y.), is the two-term incumbent and has a mixed record on LGBTQ rights. LaLota has been vocal in his opposition to overturning Obergefell v. Hodges, the Supreme Court case that established the constitutional right to same-sex marriage, but he has also been outspoken in his opposition to transgender rights. He co-sponsored and voted for H.R. 28, the Protection of Women and Girls in Sports Act, which would restrict participation in women’s sports based on sex assigned at birth rather than gender identity.
Gallant, on the other hand, has few official positions on LGBTQ issues but assured the Blade that, if elected, he would become “an advocate, particularly for the LGBTQ community.”
He also said he believes same-sex marriage should be codified into law and that nondiscrimination protections should be expanded. “I would definitely be pushing no discrimination against anyone for any reason — and that should not have any place in any workplace — especially on the federal government level.”
For Gallant, however, LGBTQ rights are only one part of a broader platform centered on public service, affordability and restoring trust in government.
He repeatedly returned to the idea that a member of Congress should be accessible to the people they represent — something he believes his experience holding town halls and working directly with members of his community demonstrates.
“I always find that a record of service and showing up every day at work and in our communities is what’s going to be key and important. And I think that’s what a representative needs to do. As a representative you’re supposed to represent and work with the people that elect you to office. And so that’s what I’m going to make sure I start today.”
Current prediction markets give LaLota a significant advantage over his challenger, with the incumbent holding an 81 percent chance of winning compared with Gallant’s 19 percent.
2026 Midterm Elections
Trump uses anti-trans slur against Democratic Senate candidate
President mocked Annie Andrews
President Donald Trump used an anti-trans slur against Democratic South Carolina Senate candidate Annie Andrews on Monday as he sought to rally support for Republicans in the state’s Senate race.
In a post on Truth Social, Trump attacked Andrews three times, referring to her as “trannie” while promoting U.S. Sen. Darline Graham (R-S.C.)’s campaign.
Andrews is running against Graham for a Senate seat in the solidly Republican state.
Earlier this year, Graham was specially appointed to the seat following the death of her brother, Lindsey Graham, who represented South Carolina in the Senate from 2003 to 2026.
Andrews, the Democratic nominee from the state, is a pediatrician that lives in Charleston with her three children. She told NBC News that she will “work with anyone to put South Carolina first.”
“As a mom and a pediatrician, I’m in this race to fight for my patients, my three kids, and South Carolina,” Andrews said, adding that “lowering costs and making life better for families across our state is going to take all of us working together.”
Andrews used the attention from the president’s attack to emphasize what she described as a focus on policy issues rather than the culture wars that have dominated much of the political debate.
“If you care more about your bills than the politics in Washington, this campaign is for you,” she added.
Trump’s remarks have drawn criticism from leaders on both sides of the aisle.
Senate Minority Leader Chuck Schumer (D-N.Y.) condemned Trump’s words Monday night on social media, calling his attacks on Andrews “despicable.”
“Annie Andrews is a mom and pediatrician who’s always put her community first — and she’s exactly who South Carolina needs representing them in the Senate,” Schumer said on X.
Former South Carolina Gov. David Beasley, a Republican, also criticized the president’s attack on Andrews, urging voters to “reject politics based on division and hate.”
“This is abhorrent. Elections don’t have to be about cruelty and lies. South Carolina deserves better,” Beasley wrote Monday night on X.
South Carolina has not elected a Democratic senator in nearly three decades.
Andrews’s campaign website does not mention her positions on LGBTQ issues.
The Washington Blade reached out to Andrews’s campaign for comment on Trump’s attack and her positions on transgender rights but did not hear back by time of publication.
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