Politics
Advocates see momentum for ENDA, other bills
Anti-bullying measure, marriage-related bills also on tap


Rea Carey of the National Gay and Lesbian Task Force said she wants action on comprehensive immigration reform. (Photo by Kathy Plate)
As lawmakers return from August recess, advocates are anticipating movement on pro-LGBT legislation in the Senate during the upcoming weeks, although the Employment Non-Discrimination Act appears to have the most momentum.
The long-pursued legislation to bar anti-LGBT job bias passed out of committee in July on a bipartisan basis and supporters of the bill are expecting a vote sometime this fall.
Michael Cole-Schwartz, spokesperson for the Human Rights Campaign, said ENDA is the legislative focus for the organization as well as for the multi-group Americans for Workplace Opportunity campaign it formed after the panel vote.
“Obviously the congressional calendar has many agenda items but we fully expect to see a Senate vote on ENDA in the fall and we’re working with our partners in the Americans for Workplace Opportunity campaign to build support for this critical bill,” Cole-Schwartz said.
But when ENDA will come up in the Senate this fall remains unclear. The office of Senate Majority Leader Harry Reid (D-Nev.), hasn’t responded to multiple requests from the Blade to comment on the timing for an ENDA floor vote since the bill was reported out of committee. Reid has previously pledged in a Pride statement this year to bring up the legislation “soon.”
Allison Preiss, spokesperson for the Senate Health, Education, Labor & Pensions Committee, echoed remarks from HRC by saying panel Chair Tom Harkin (D-Iowa) is hoping a vote would take place this fall, but wasn’t more specific.
“Chairman Harkin is also optimistic that this fall, the Senate will consider the Employment Non-Discrimination Act, which passed the HELP Committee on a bipartisan basis and includes for the first time protections against discrimination based not only on sexual orientation but on gender identity as well,” Preiss said.
Christian Berle, legislative director for Freedom to Work, said the time has come for a Senate floor vote on ENDA because the organization believes that sufficient lobbying has occurred to reach the 60-vote threshold required to overcome a filibuster.
“Based on Freedom to Work’s outreach to Senate Republicans since ENDA passed out of the HELP Committee, we are confident that we have the 60 votes necessary to advance and pass this critical legislation,” Berle said. “It is now time for Senator Reid to keep his six-and-a-half year old commitment to bring ENDA to the floor of the Senate as soon as possible.”
Moreover, Berle said holding the Senate vote on ENDA as soon as possible is necessary to generate momentum to move the legislation in the Republican-controlled House, where passage of ENDA will be challenging to say the least. Two options that have been floated are attaching ENDA to a larger vehicle bill or a discharge petition.
“The sooner we pass ENDA out of the Senate, the sooner we can begin a robust campaign to get ENDA through the House of Representatives and on the president’s desk,” Berle said. “Whether we attach ENDA to a spending bill in the Senate or launch a discharge petition in the House, we know that we can only win on ENDA if we are willing to try.”
But ENDA isn’t the only piece of pro-LGBT legislation that is pending on the Senate calendar for a vote. The Senate HELP Committee has also reported out education reform legislation known as the Strengthening America’s Schools Act that includes anti-bullying measures known as the Student Non-Discrimination Act and the Safe Schools Improvement Act.
Shawn Gaylord, director of public policy for the Gay, Lesbian and Straight Education Network, also said he’s expecting a vote on this legislation in the Senate in the fall.
“GLSEN anticipates ESEA reauthorization to gain momentum in mid to late fall, and our continued efforts to build bipartisan support in both chambers will ensure this LGBT-inclusive bill to be strongly positioned to move forward,” Gaylord said.
Preiss maintained that Harkin is committed to working for passage of the bill, which would reauthorize the Elementary & Secondary Education Act, as she touted the LGBT provisions in the bill.
“Chairman Harkin is committed to working with leadership on a path forward to reauthorize the Elementary and Secondary Education Act, the Committee-passed version of which contains a number of important anti-bullying provisions,” Preiss said.
Another LGBT-relevant bill that has been reported out of the committee is the Charlie Morgan Act, which would ensure veterans in same-sex marriages have access to certain spousal benefits.
It’s unclear if this legislation is still necessary now that the Supreme Court has struck down the Defense of Marriage Act and the Obama administration has said it would no longer enforce Title 38, which had barred gay veterans from receiving these benefits. Jeff Frank, a spokesperson for the Senate Committee on Veterans Affairs Chair Bernie Sanders (I-Vt.), said he doesn’t have any predictions about the bill.
Also on the docket is the fiscal year 2014 financial services appropriations bill. That legislation contains a provision inserted by Sen. Jeanne Shaheen (D-N.H.) that would prohibit LGBT discrimination in the juror selection process for federal courts.
Reid’s office didn’t immediately respond to a request for comment on when — if it all — these pro-LGBT measures would come up for a Senate floor vote.
Many other bills related to the federal government’s recognition of same-sex unions are also pending even in the wake of the Supreme Court decision against DOMA, although none besides the Charlie Morgan Act have yet to be approved by committee.
The most prominent among them is the Respect for Marriage Act, which was introduced by Sen. Dianne Feinstein (D-Calif.) and would fully repeal DOMA. Advocates say that legislation to ensure married so gay couples can reap federal benefits of marriage that are still in question if they marry in one jurisdiction and move to a state that doesn’t recognize same-sex marriage. Among these benefits are Social Security benefits and veterans benefits.
A Senate Judiciary Committee aide, who spoke on condition of anonymity, said Sen. Patrick Leahy (D-Vt.) has plans for action on the legislation in committee this fall.
“Chairman Leahy is committed to a full repeal of the Defense of Marriage Act, which is why he is working with Sen. Feinstein on the Respect for Marriage Act,” the aide said. “We are in the process of pushing for quick implementation of the Windsor decision, and look forward to a Senate Judiciary Committee hearing on the bill later this fall. After the hearing, the Chairman will consider moving legislation through the committee.”
Other pending pro-LGBT legislation before the Senate that hasn’t seen committee action is the Housing Opportunities Made Equal (HOME) Act, which is sponsored by Sen. Sherrod Brown (D-Ohio) and would bar discrimination against LGBT people in housing programs. Another bill sponsored by Sen. Chuck Schumer (D-N.Y.) known as the Tax Parity for Health Plan Beneficiaries Act would ensure gay couples in civil unions won’t be taxed on employer-provided health benefits.
Even if these bills pass the Senate, it remains to be seen whether they can muster enough support to pass in the Republican-controlled House. But it’s not unprecedented. Earlier this year, under significant pressure from women’s advocates and other groups, the House passed reauthorization of the Violence Against Women Act with protections for LGBT victims of domestic violence.
Bills in the House that currently lack Senate companions are the Social Security Equity Act, which would allow Social Security benefits to flow to gay couples; post-“Don’t Ask, Don’t Tell” legislation known as the Restore Honor to Service Members Act; and a bill to help LGBT homeless youth known as the Runaway & Homeless Youth Act. Another version of the Domestic Partnership Benefits & Obligations Act is expected to be introduced imminently by Rep. Mark Pocan (D-Wis.).
Rea Carey, executive director of the National Gay & Lesbian Task Force, said while issues like Syria may dominate the discussions among lawmakers in the coming weeks, she still expects them to advance legislation to help LGBT people and other social justice causes.
“While the situation in Syria is understandably front and center for Congress — especially as putting our brave service members, including LGBT service members, in harm’s way is being considered — members of Congress must also simultaneously focus on vitally important domestic issues as they return from recess,” Carey said. “These include job and economic security issues such as the urgent passage of the Employment Non-Discrimination Act and freedom and justice issues such as comprehensive and inclusive immigration reform.”
Congress
Top Congressional Democrats reintroduce Equality Act on Trump’s 100th day in office
Legislation would codify federal LGBTQ-inclusive non-discrimination protections

In a unified display of support for LGBTQ rights on President Donald Trump’s 100th day in office, congressional Democrats, including leadership from the U.S. House and U.S. Senate, reintroduced the Equality Act on Tuesday.
The legislation, which would prohibit discrimination on the basis of sexual orientation and gender identity, codifying these protections into federal law in areas from jury service to housing and employment, faces an unlikely path to passage amid Republican control of both chambers of Congress along with the White House.
Speaking at a press conference on the grass across the drive from the Senate steps were Senate Minority Leader Chuck Schumer (N.Y.), House Speaker Emerita Nancy Pelosi (Calif.), House Democratic Whip Katherine Clark (Mass.), U.S. Sen. Tammy Baldwin (Wis.), who is the first out LGBTQ U.S. Senator, U.S. Rep. Mark Takano (Calif.), who is gay and chairs the Congressional Equality Caucus, U.S. Rep. Chris Pappas (N.H.), who is gay and is running for the U.S. Senate, U.S. Sen. Cory Booker (N.J.), and U.S. Sen. Jeff Merkley (Ore.).
Also in attendance were U.S. Rep. Sarah McBride (Del.), who is the first transgender member of Congress, U.S. Rep. Dina Titus (Nev.), U.S. Rep. Mike Quigley (Ill.), and representatives from LGBTQ advocacy groups including the Human Rights Campaign and Advocates 4 Trans Equality.
Responding to a question from the Washington Blade on the decision to reintroduce the bill as Trump marks the hundredth day of his second term, Takano said, “I don’t know that there was a conscious decision,” but “it’s a beautiful day to stand up for equality. And, you know, I think the president is clearly hitting a wall that Americans are saying, many Americans are saying, ‘we didn’t vote for this.'”
A Washington Post-ABC News-Ipsos poll released Sunday showed Trump’s approval rating in decline amid signs of major opposition to his agenda.
“Many Americans never voted for this, but many Americans, I mean, it’s a great day to remind them what is in the core of what is the right side of history, a more perfect union. This is the march for a more perfect union. That’s what most Americans believe in. And it’s a great day on this 100th day to remind our administration what the right side of history is.”
Merkley, when asked about the prospect of getting enough Republicans on board with the Equality Act to pass the measure, noted that, “If you can be against discrimination in employment, you can be against discrimination in financial contracts, you can be against discrimination in mortgages, in jury duty, you can be against discrimination in public accommodations and housing, and so we’re going to continue to remind our colleagues that discrimination is wrong.”
The Employment Non-Discrimination Act, which was sponsored by Merkley, was passed by the Senate in 2013 but languished in the House. The bill was ultimately broadened to become the Equality Act.
“As Speaker Nancy Pelosi has always taught me,” Takano added, “public sentiment is everything. Now is the moment to bring greater understanding and greater momentum, because, really, the Congress is a reflection of the people.”
“While we’re in a different place right this minute” compared to 2019 and 2021 when the Equality Act was passed by the House, Pelosi said she believes “there is an opportunity for corporate America to weigh in” and lobby the Senate to convince members of the need to enshrine federal anti-discrimination protections into law “so that people can fully participate.”
Politics
George Santos sentenced to 87 months in prison for fraud case
Judge: ‘You got elected with your words, most of which were lies.’

Disgraced former Republican congressman George Santos was sentenced to 87 months in prison on Friday, after pleading guilty last year to federal charges of wire fraud and aggravated identity theft.
“Mr. Santos, words have consequences,” said Judge Joanna Seybert of the U.S. District Court for the Eastern District of New York. “You got elected with your words, most of which were lies.”
The first openly gay GOP member of Congress, Santos became a laughing stock after revelations came to light about his extensive history of fabricating and exaggerating details about his life and career.
His colleagues voted in December 2023 to expel him from Congress. An investigation by the U.S. House Ethics Committee found that Santos had used pilfered campaign funds for cosmetic procedures, designer fashion, and OnlyFans.
Federal prosecutors, however, found evidence that “Mr. Santos stole from donors, used his campaign account for personal purchases, inflated his fund-raising numbers, lied about his wealth on congressional documents and committed unemployment fraud,” per the New York Times.
The former congressman told the paper this week that he would not ask for a pardon. Despite Santos’s loyalty to President Donald Trump, the president has made no indication that he would intervene in his legal troubles.
Congress
Democratic lawmakers travel to El Salvador, demand information about gay Venezuelan asylum seeker
Congressman Robert Garcia led delegation

California Congressman Robert Garcia on Tuesday said the U.S. Embassy in El Salvador has agreed to ask the Salvadoran government about the well-being of a gay asylum seeker from Venezuela who remains incarcerated in the Central American country.
The Trump-Vance administration last month “forcibly removed” Andry Hernández Romero, a stylist who asked for asylum because of persecution he suffered because of his sexual orientation and political beliefs, and other Venezuelans from the U.S. and sent them to El Salvador.
The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.” President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.”
Garcia told the Washington Blade that he and three other lawmakers — U.S. Reps. Maxwell Alejandro Frost (D-Fla.), Maxine Dexter (D-Ore.), and Yassamin Ansari (D-Ariz.) — met with U.S. Ambassador to El Salvador William Duncan and embassy staffers in San Salvador, the Salvadoran capital.
“His lawyers haven’t heard from him since he was abducted during his asylum process,” said Garcia.
The gay California Democrat noted the embassy agreed to ask the Salvadoran government to “see how he (Hernández) is doing and to make sure he’s alive.”
“That’s important,” said Garcia. “They’ve agreed to that … we’re hopeful that we get some word, and that will be very comforting to his family and of course to his legal team.”

Garcia, Frost, Dexter, and Ansari traveled to El Salvador days after House Oversight and Government Reform Committee Chair James Comer (R-Ky.) and House Homeland Security Committee Chair Mark Green (R-Tenn.) denied their request to use committee funds for their trip.
“We went anyways,” said Garcia. “We’re not going to be intimidated by that.”
Salvadoran President Nayib Bukele on April 14 met with Trump at the White House. U.S. Sen. Chris Van Hollen (D-Md.) three days later sat down with Kilmar Abrego Garcia, a Maryland man who the Trump-Vance administration wrongfully deported to El Salvador on March 15.
Abrego was sent to the country’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT. The Trump-Vance administration continues to defy a U.S. Supreme Court ruling that ordered it to “facilitate” Abrego’s return to the U.S.
Garcia, Frost, Dexter, and Ansari in a letter they sent a letter to Duncan and Secretary of State Marco Rubio on Monday demanded “access to” Hernández, who they note “may be imprisoned at” CECOT. A State Department spokesperson referred the Blade to the Salvadoran government in response to questions about “detainees” in the country.
Garcia said the majority of those in CECOT who the White House deported to El Salvador do not have criminal records.
“They can say what they want, but if they’re not presenting evidence, if a judge isn’t sending people, and these people have their due process, I just don’t understand how we have a country without due process,” he told the Blade. “It’s just the bedrock of our democracy.”

Garcia said he and Frost, Dexter, and Ansari spoke with embassy staff, Salvadoran journalists and human rights activists and “anyone else who would listen” about Hernández. The California Democrat noted he and his colleagues also highlighted Abrego’s case.
“He (Hernández) was accepted for his asylum claim,” said Garcia. “He (Hernández) signed up for the asylum process on an app that we created for this very purpose, and then you get snatched up and taken to a foreign prison. It is unacceptable and inhumane and cruel and so it’s important that we elevate his story and his case.”
The Blade asked Garcia why the Trump-Vance administration is deporting people to El Salvador without due process.
“I honestly believe that he (Trump) is a master of dehumanizing people, and he wants to continue his horrendous campaign to dehumanize migrants and scare the American public and lie to the American public,” said Garcia.
The State Department spokesperson in response to the Blade’s request for comment referenced spokesperson Tammy Bruce’s comments about Van Hollen’s trip to El Salvador.
“These Congressional representatives would be better off focused on their own districts,” said the spokesperson. “Instead, they are concerned about non-U.S. citizens.”
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