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HISTORIC: Senate panel advances trans-inclusive ENDA

In first, committee reports out trans-inclusive LGBT anti-bias bill

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Mark Kirk, Tammy Baldwin, United States Senate, gay news, Washington Blade
United States Senate, gay news, Washington Blade, HELP Committee

Senate Health, Education, Labor & Pensions Committee approved a trans-inclusive ENDA on Wednesday (Washington Blade photo by Michael Key)

A Senate committee made history on Wednesday by approving for the first time a trans-inclusive version of the Employment Non-Discrimination Act and picking up key Republican support from Sens. Orrin Hatch (R-Utah) and Lisa Murkowski (R-Alaska).

Lawmakers on the Senate Health, Education, Labor & Pensions Committee reported out ENDA by a 15-7 vote after a short period of discussion. No amendments were offered except for a manager’s amendment, although Sen. Lamar Alexander (R-Tenn.) said he’ll reserve three that he planned for consideration on the Senate floor.

Senate HELP Committee Chair Tom Harkin (D-Iowa) noted the historic nature of the committee’s action prior to the vote and said it’s “time, long past time” for Congress to take action against LGBT workplace discrimination.

“Qualified workers should not be turned away or have to fear losing their livelihood for reasons that have nothing to do with their qualifications, skills or performance,” Harkin said. “Let’s not mince words: such practices are un-American. They should have no place in any American workplace.”

All 12 Democrats on the committee, including lesbian Sen. Tammy Baldwin (D-Wis.), are co-sponsors of the bill as well as one Republican, Sen. Mark Kirk (R-Ill.). They each voted in favor of ENDA during the final vote.

At the start of the markup, Kirk explained he has supported ENDA — both in his capacity as a U.S. House member and a U.S. senator — because gay people should “not have that cloud of potential discrimination” in the workplace.

Speaking with reporters afterwards, Kirk explained his support for ENDA derives in part from his work as an officer in the Navy Reserve.

“For me, as you guys know, I’m a military guy,” Kirk said. “We think about how blindingly idiotic it was for Adolf Hitler to discriminate against the Jews. When you think about all the Senate pieces of the Manhattan Project, we actually developed a war-winning weapon because we were protecting creativity and science, and we became a much stronger society that allowed us to prevail. The society that is more open will be stronger, in my view, probably economically and militarily.”

Tammy Baldwin, Mark Kirk, Senate Health, Education, Labor & Pensions Committee, gay news, Washington Blade

Sen. Mark Kirk (R-Ill.) and Sen. Tammy Baldwin (D-Wis.) (Washington Blade photo by Michael Key)

New support for ENDA also came from Republicans on the panel: Hatch and Murkowksi. Hatch voted “yes” by proxy and Murkowski voted “yes” in person. The Alaska senator is the third sitting Republican U.S. senator to come out in favor of marriage equality.

In a statement after the markup, Murkowski said she voted “yes” because “discrimination should never be tolerated in the workplace.”

“I am a strong believer that individuals should be judged on whether they can do the job, not their sexual orientation – and I appreciate the hundreds of Alaskans who shared their thoughts with me and my staff as we considered this bill,” Murkowski said.

While she said improvements to the bill “might be in order in the form of floor amendments,” Murkowski added she’s pleased ENDA addresses “employers’ needs to run efficiently and reduce compliance costs” by prohibiting discrimination claims based on disparate impact.

In a statement provided to the Washington Blade, Hatch explained he was able to support ENDA because of the strong religious exemption in the bill.

“I appreciate that the authors of the bill were willing to include a robust religious exemption in this bill,” Hatch said. “I voted for it because it prohibits discrimination that should not occur in the workplace, it protects the rights of religious entities, and minimizes legal burdens on employers.”

The bill now heads to full Senate for passage on the floor, where 60 votes will likely be necessary to overcome a Senate filibuster. During the markup, Harkin said he expects ENDA to come to the floor “sometime in the fall,” but not before lawmakers leave for August break.

Asked by the Washington Blade after the committee vote whether he’s confident that ENDA will find 60 votes on the Senate floor, Harkin replied, “Yeah, I think we’ll have 60 votes.”

“As you saw, we had some very key Republicans on the committee, and that will be very helpful,” Harkin said. “As I said, I think society is there, and the things that have recently happened with the Supreme Court decision and others, I think we’re ready to move on in a way that we haven’t been ready move on in the past. Keep your fingers crossed.”

But Senate Majority Leader Harry Reid (D-Nev.) is responsible for scheduling what comes to the floor in the Senate. His office didn’t immediately respond to a request for comment on when an ENDA floor vote would take place. In his Pride statement issued last month, Reid said he looks forward to bringing up ENDA “soon.”

White House Press Secretary Jay Carney issued a statement saying President Obama “welcomes” the bipartisan support ENDA received in committee and looks forward to further action.

“The President has long supported an inclusive ENDA, which would enshrine into law strong, lasting and comprehensive protections against employment discrimination on the basis of sexual orientation or gender identity,” Carney said. “We look forward to the full Senate’s consideration of ENDA, and continue to urge the House to move forward on this bill that upholds America’s core values of fairness and equality.”

It was the first markup of ENDA in the Senate since 2002 and the first time ever a committee in either chamber of Congress approved a version of ENDA that protects not only gay, lesbian and bisexual people from workplace discrimination, but also transgender people.

Mara Keisling, executive director of the National Center for Transgender Equality, said a trans-inclusive ENDA has been advancing all along, but committee approval of the bill with gender identity protections is “really amazing.”

“This is a life-or-death issue for trans people, and I think this shows that we’re moving, we’re going to get it done,” Keisling said. “Next, we’re going to get it passed in the Senate, and we’re going to try to figure out how to get it through the dysfunctional House of Representatives. But it’s really important and shows trans people everywhere that this is going to happen — whether it’s this year or another year — it’s going to happen. We are going to get relief from job discrimination.”

Transgender inclusion in ENDA has been a sensitive issue in the LGBT community. In 2007, gay former Rep. Barney Frank (D-Mass.) removed ENDA’s gender identity provisions before holding a House vote on the bill because he said the votes were lacking to pass the legislation with those protections on the House floor. The decision led to an outcry and ENDA advanced no further even though Democrats controlled both chambers of Congress.

Tico Almeida, president of Freedom to Work, praised the Senate committee approval of ENDA, calling the vote “fantastic.”

“It was a big, bipartisan win, and we’re going this ride momentum to 60 votes by September,” Almeida said. “We think we can get to 60 votes in the Senate in September — possibly October if it takes that long. We could actually get between 60 and 65 votes in the end in the Senate, and that huge momentum will allow us to do some real campaigning with members of the House.”

Despite the support ENDA’s religious exemption has received from Republicans like Hatch, there are differing opinions on the language within the LGBT community.

Unlike existing employment discrimination law under Title VII of the Civil Rights Act, ENDA’s religious exemption provides leeway for religious organizations, like churches or religious schools, to discriminate against LGBT employees.

Some ENDA supporters, like the Center for American Progress, say ENDA’s religious exemption is politically necessary for the bill to pass Congress, while others, like the American Civil Liberties Union, say it allows for continued LGBT workplace discrimination. No action was taken on the religious exemption during the markup.

Ian Thompson, legislative representative for the ACLU, said after the markup he’s pleased with the progress on ENDA, but added the growing support for LGBT rights demonstrates the bill’s religious exemption may no longer be necessary.

“Today’s vote clearly demonstrates that the tide has turned on LGBT rights,” Thompson said. “What was true five, 10, and 20 years ago is no longer the case. To that end, I think it is becoming increasingly clear that there is no reason to adopt an exemption that would needlessly dilute ENDA’s critical protections.”

Before final passage, the committee approved by unanimous consent a manager’s amendment that made technical changes to ENDA.

Some changes were made at the behest of GOP supporters who wanted clarification on certain issues. Among them is ensuring under ENDA disparate impact claims are not allowed; a plaintiff cannot recover for the same offense under both Title VII of the Civil Rights Act and ENDA; and an employer can amend an existing poster notifying employees of the non-discrimination policy, rather than creating a separate poster.

The manager’s amendment also updates ENDA in the wake of Supreme Court rulings on employment non-discrimination law. Following the Supreme Court’s decision in the 2009 case of Gross v. FBL Financial, the bill now includes language to ensure that the burden of proof in mixed motive cases is the same under ENDA as it is under Title VII.

Almeida, who had called for an update to ENDA in the wake of the Gross ruling, commended Harkin and his counsel for “fixing the loopholes and technical mistakes” that existed in the original version of ENDA.

“Some were on the left, and some were on the right,” Almeida said. “By making these corrections, Chairman has shown respect for Republicans on the committee and created a smarter, better Employment Non-Discrimination Act.”

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Congress

MTG resigns after years of anti-LGBTQ attacks amid Trump feud

Greene’s abrupt departure adds fresh uncertainty to an already fractured Republican Party.

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Representative Marjorie Taylor Greene publicly announced her resignation from Georgia's 14th Congressional District late Friday night on social media. (Screen capture insert via Forbes Breaking News YouTube)

Rep. Marjorie Taylor Greene announced on Friday that she is resigning from Congress.

In a post on X (formerly Twitter), the Georgia 14th Congressional District representative announced her sudden decision to resign from office.

The nearly 11-minute-long video shows Rep. Greene stating she will step down from her role representing one of Georgia’s most Republican districts on Jan. 5, 2026. She cited multiple reasons for this decision, most notably her very public separation from Trump.

In recent weeks, Greene — long one of the loudest and most supportive MAGA members of Congress — has butted heads with the president on a slew of topics. Most recently, she supported pushing the DOJ to release the Epstein Files, becoming one of only four Republicans to sign a discharge petition, against Trump’s wishes.

She also publicly criticized her own party during the government shutdown. Rep. Greene had oddly been supportive of Democratic initiatives to protect healthcare tax credits and subsidies that were largely cut out of national healthcare policy as a result of Trump’s “Big Beautiful Bill,” passed in July.

“What I am upset over is my party has no solution,” Greene said in October.

Trump recently said he would endorse a challenger against the congresswoman if she ran for reelection next year, and last week went as far as to declare, “Marjorie ‘Traitor’ Green is a disgrace to our GREAT REPUBLICAN PARTY!” on his Truth Social platform.

Trump told ABC News on Friday night that Greene’s resignation is “great news for the country,” and added that he has no plans to speak with Greene but wishes her well.

Despite her recent split with the head of the Republican Party, Rep. Greene has consistently taken a staunch stance against legislation supporting the LGBTQ community — notably a hardline “no” on any issue involving transgender people or their right to gender-affirming care.

Rep. Greene has long been at odds with the LGBTQ community. Within her first month in office, she criticized Democrats’ attempts to pass the Equality Act, legislation that would bar anti-LGBTQ employment discrimination. She went as far as to suggest an apocalypse-like scenario if Congress passed such a measure.

“God created us male and female,” she said on the House floor. “In his image, he created us. The Equality Act that we are to vote on this week destroys God’s creation. It also completely annihilates women’s rights and religious freedoms. It can be handled completely differently to stop discrimination without destroying women’s rights, little girls’ rights in sports, and religious freedom, violating everything we hold dear in God’s creation.”

Greene, who serves one of the nation’s most deeply red districts in northwest Georgia, attempted to pass legislation dubbed the “Protect Children’s Innocence Act,” which would have criminalized gender-affirming care for minors and restricted federal funding and education related to gender-affirming care in 2023. The bill was considered dead in January 2025 after being referred to the House Committee on the Judiciary.

Her push came despite multiple professional medical organizations, including the nation’s largest and most influential — the American Medical Association — stating that withholding gender-affirming care would do more harm than any such care would.

She has called drag performers “child predators” and described the Democratic Party as “the party of killing babies, grooming and transitioning children, and pro-pedophile politics.”

Greene has also publicly attacked Delaware Rep. Sarah McBride, the nation’s first and only transgender member of Congress. She has repeatedly misgendered and attacked McBride, saying, “He’s a man. He’s a biological male,” adding, “he’s got plenty of places he can go” when asked about bathrooms and locker rooms McBride should use. Greene has also been vocal about her support for a bathroom-usage bill targeting McBride and transgender Americans as a whole.

She has repeatedly cited false claims that transgender people are more violent than their cisgender counterparts, including falsely stating that the 2022 Robb Elementary School shooter in Texas was transgender.

The former MAGA first lady also called for an end to Pride month celebrations. She criticized the fact that the LGBTQ community gets “an entire” month while veterans get “only one day each year” in an X post, despite November being designated as National Veterans and Military Families Month.

Under Georgia law, Gov. Brian Kemp (R) must hold a special election within 40 days of the seat becoming vacant.

The Washington Blade reached out to both the White House and Greene’s office for comment, but has not heard back.

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Congress

PFLAG honors Maxine Waters

Barney Frank presented Calif. Democrat with award at DC event

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U.S. Rep. Maxine Waters (D-Calif.) (Photo by Paul Morigi/Getty Images for PFLAG National)

PFLAG honored U.S. Rep. Maxine Waters (D-Calif.) with the “2025 PFLAG National Champion of Justice” award during their annual “Love Takes Justice” event in Washington.

Waters has represented California’s 43rd Congressional District — including much of Los Angeles — since 1991 and has been a vocal advocate for LGBTQ rights since her swearing-in.

Her track record includes opposing the Defense of Marriage Act, which would have made marriage only between a man and a woman; co-sponsoring the Respect for Marriage Act, ultimately requiring all U.S. states to recognize same-sex marriages performed by other states; and is a long time supporter of the Equality Act, which would codify comprehensive protections for LGBTQ Americans.

In addition to her work on marriage equality, she also created the Minority AIDS Initiative to help address the devastating impact of HIV/AIDS on minority communities, particularly communities of color.

The award reception took place Tuesday at the headquarters of the American Federation of Teachers, where Waters was presented with the award by former U.S. Rep. Barney Frank (D-Mass.), the openly gay member of Congress. Frank praised Waters for her unwavering support for the LGBTQ community and her lifelong commitment to advancing equality for all.

“One of the most encouraging developments in the fight for human rights is the failure of those who traffic in any form of bigotry, including bigotry to divide the Black and LGBTQ+ communities,” said Frank, who came out in 1987 while in office. “No one deserves more recognition for strengthening our unity than Maxine Waters.”

During the reception, Waters spoke about her extensive history of LGBTQ advocacy within the halls of Congress, emphasizing that her idea of government centers around uplifting its most vulnerable and threatened communities.

“From the very beginning of my public life I’ve believed that the government must protect those that are vulnerable, including LGBTQ+ people, who have been pushed to the margins, criminalized and told that their lives and their love do not matter,” Waters said. “Discrimination has no place in our laws.”

She continued, adding that the discrimination LGBTQ people have dealt with — and continue to deal with — is unconstitutional and wrong.

“I am proud to stand with LGBTQ+ families against efforts to write discrimination into our constitution, against attempts to deny people jobs, housing, healthcare and basic dignity because of who they are or who they love,” she said.

Waters joins a slew of other LGBTQ advocates who have received this award, beginning with the late-Georgia Congressman John Lewis in 2018. Past honorees include Oakland (Calif.) Mayor Barbara Lee, who was then a member of Congress, U.S. Sen. Tammy Baldwin (D-Wis.), Frank, Colorado Gov. Jared Polis, who was then a member of Congress, and Speaker Emerita Nancy Pelosi (D-Calif.).

PFLAG CEO Brian Bond commented on the continued fight for LGBTQ rights in the U.S. as anti-transgender rhetoric and policies coming from the Trump-Vance White House grow each week.

“LGBTQ+ people and their families — and all of you here — know too well the reality of the political climate, the attitudes of the public, and the sheer lack of respect that LGBTQ+ people are experiencing in the world today. There’s no end to the hostile barrage of harmful laws, city ordinances, and regulations, especially against our trans loved ones,” Bond said. “This particular moment in history calls us to increase and fortify our work, advocating at every level of government.”

He ended with some hope — reminding the LGBTQ community they have been on the receiving end of discrimination and unjust treatment before, but have risen above and changed the laws — saying we can do it again.

“PFLAG members and supporters are uniquely suited for this moment, because we are fighting for and alongside our LGBTQ+ loved ones, we know that our love is louder … and love and liberty are inseparable,” said Bond.

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Congress

Global Respect Act reintroduced in US House

Measure would sanction foreign officials responsible for anti-LGBTQ human rights abuses

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U.S. Rep. Sarah McBride (D-Del.) is a sponsor of the Global Respect Act. (Washington Blade photo by Michael K. Lavers)

U.S. Reps. Sarah McBride (D-Del.) and Brian Fitzpatrick (R-Pa.) on Thursday reintroduced a bill that would sanction foreign officials who carry out anti-LGBTQ human rights abuses.

A press release notes the Global Respect Act would direct “the U.S. government to identify and sanction foreign persons who are responsible for torture, arbitrary detention, physical attacks, murder, and other flagrant abuses against LGBTQI+ individuals.” The measure would also require “annual human rights reporting from the State Department and strengthens coordination with foreign governments, civil society, and the private sector to prevent anti-LGBTQI+ persecution.”

“Freedom and dignity should never depend on your zip code or who holds power in your country,” said McBride.

The Delaware Democrat who is the first openly transgender person elected to Congress notes consensual same-sex sexual relations remain criminalized in more than 60 countries, while “far too many (countries) look away from the violence that follows.”

“The Global Respect Act reaffirms a simple truth: no one should be targeted for who they are or whom they love,” said McBride. “This bill strengthens America’s voice on human rights.”

“No person should ever face imprisonment, violence, or discrimination on the basis of who they are,” added Fitzpatrick. “The Global Respect Act imposes real and necessary sanctions on those who carry out these abuses and strengthens America’s resolve to uphold basic human rights worldwide.”

The Global Respect Act has 119 co-sponsors. McBride and Fitzpatrick reintroduced it in the U.S. House of Representatives on the annual Transgender Day of Remembrance.

“As we mark Transgender Day of Remembrance, we reaffirm that no one, no matter where they live in the world, should be persecuted or subjected to violence simply because of who they are or whom they love,” said Mark Bromley, co-chair of the Council for Global Equality. “The Global Respect Act seeks to hold the world’s worst perpetrators of violence against LGBTQI+ people accountable by leveraging our sanctions regimes to uphold the human rights of all people.”

Outright International, Amnesty International USA, Robert F. Kennedy Human Rights, ORAM (Organization for Refuge, Asylum and Migration), and the Human Rights Campaign are among the other groups that have endorsed the bill.

U.S. Sens. Jeanne Shaheen (D-N.H.) and Lisa Murkowski (R-Alaska) in June introduced the Global Equality Act in the U.S. Senate. Gay California Congressman Robert Garcia and U.S. Sen. Edward Markey (D-Mass.) on Monday introduced the International Human Defense Act that would require the State Department to promote LGBTQ and intersex rights abroad.

The promotion of LGBTQ and intersex rights was a cornerstone of the Biden-Harris administration’s overall foreign policy.

The global LGBTQ and intersex rights movement since the Trump-Vance administration froze nearly all U.S. foreign aid has lost more than an estimated $50 million in funding.

The U.S. Agency for International Development, which funded dozens of advocacy groups around the world, officially shut down on July 1. Secretary of State Marco Rubio earlier this year said the State Department would administer the remaining 17 percent of USAID contracts that had not been cancelled.

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