Politics
Religious exemption inspires heated debate at ENDA panel
Wolfson challenges current language in LGBT anti-discrimation bill
Freedom to Marry’s Evan Wolfson (left) and Freedom to Work’s Tico Almeida had heated exchange on ENDA’s religious exemption (Blade file photos by Michael Key).
NEW YORK — The appropriate scope of the religious exemption in the Employment Non-Discrimination Act continues to stir debate as a prominent marriage equality advocate on Thursday made a surprise endorsement of narrowing the broad provision in the bill.
Evan Wolfson, president of Freedom to Marry, said he shares the “grave concerns” expressed by the American Civil Liberties Union over the religious exemption — which he said would “carve coverage by certain kinds of entities for LGBT people” — during a panel as part of Freedom to Work’s premier “Situation Room” in New York City.
“I do have grave concerns about the specific language in the specific bill,” Wolfson said. “That’s one of the points of difference I have with Freedom to Work on this current bill.”
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.
Wolfson and Tico Almeida, president of Freedom to Work and proponent of the religious exemption, were the lone speakers on the second panel of the day. Wolfson’s main purpose on the panel was to talk about the lessons the campaign to pass ENDA can learn from the marriage equality fight.
Almeida initially responded by saying the religious exemption has value in allaying concerns from Republican lawmakers who are undecided on ENDA.
“I would say that in a bunch of Republican meetings we spend a majority of the time talking about the religious exemption and exactly how it will apply, what the case law is,” Almeida said.
Almeida co-wrote the current version of the religious exemption when working as a staffer for Rep. George Miller (D-Calif.). It was passed as an amendment on the U.S. House floor in 2007 to a gay-only version of ENDA by a vote of 402-25.
But Almeida qualified his support for the religious exemption by saying he believes religious organizations shouldn’t be able to receive federal funds if they discriminate against LGBT people. But, Almeida continued, the mechanism to prohibit this discrimination isn’t ENDA; rather, it should be a workplace non-discrimination executive order signed by President Obama.
“I think there’s complete uniformity that we are all pushing for a federal policy that if you take and profit from federal dollars, you must follow American values, you must pledge not to discriminate against LGBT folks — and if you get caught, there should be consequences,” Almeida said.
But Wolfson quickly retorted as the panel developed into a heated debate between him and Almeida that seemed to become almost hostile as the session closed.
“We have a body of laws across the country that include sexual orientation and gender identity as prohibited discriminatory classifications alongside race, sex and others — and they have all followed generally a certain kind of exemption — as had Title VII and the Civil Rights Act, and so on,” Wolfson said. “The problem with this current draft of ENDA is that exemption goes far beyond what that body of experience has taught us is the right balance.”
Wolfson added the argument in favor of ENDA to undecided lawmakers should be to look at existing law throughout the states as opposed to enshrining “new and unnecessary and dangerous exemptions from non-discrimination law.”
“By the way, calling them religious exemptions implies that there’s some religious problem to be solved,” Wolfson said. “There is no religious problem to be solved: what these are are licenses to discriminate.”
Almeida, a Catholic, responded by saying he thinks attitudes should change within the church by action from members of that particular faith.
“I don’t believe civil rights statute in the form of Title VII and ENDA should be used to force the Catholic Church to make a change to its policies,” Almeida said. “I think we will push them, and it may take decades, and it may take more than my lifetime, but we will push them in other ways.”
Almeida added he doesn’t understand the argument the religious exemption in ENDA is a new approach because he said he “literally copied and pasted it from Title VII.”
Besides, Almeida also said groups that oppose ENDA’s religious exemption missed an opportunity to propose an amendment when the Senate Health, Education, Labor & Pensions Committee voted on the bill in July. Also, he challenged them to make public the language they would prefer instead.
“I would love for those organizations to publicly communicate to the LGBT community and to Congress what is their proposal,” Almeida said. “They made a big fuss …, and they didn’t seek an amendment at markup. They didn’t ask any of our progressive champions, and there are very progressive champions on that committee, or if they asked, then they got rejected.”
Wolfson countered by saying Almeida’s proposal to change the Catholic Church from within is “completely irrelevant” to the conversation of putting a “license to discriminate” in a statute.
“Nobody is saying that the Catholic Church should be sued or told what to do as a matter of law when it comes to doctrine or the church, or ministers,” Wolfson said. “That’s misleading language that might confuse people in a way that you didn’t intend.”
Additionally, Wolfson said Almeida was mischaracterizing the religious exemption in ENDA by saying it’s lifted from Title VII. Almeida conceded that point on the panel.
“To say that something has some degree of religion in it, but now that it’s in the marketplace, it can now fire not just the priest, but the janitor, that’s an exemption that doesn’t exist in Title VII or any other parts of law,” Wolfson said.
Concluding his argument, Wolfson said the religious exemption issue must be resolved because it’s giving fuel to the anti-LGBT forces seeking to thwart ENDA passage.
“The religious exemption language thing is mostly a distraction, it’s a non-and-wrong solution to a non-problem, but becomes important if it get put into law,” Wolfson said.
Ian Thompson, legislative representative for the ACLU, told the Blade after the panel he commends Wolfson for endorsing a narrower religious exemption for ENDA, calling the news “a great development.”
“As a leader of the freedom to marry movement, he knows as well as anyone the importance of rejecting overly broad religious exemptions,” Thompson said.
Further, Thompson responded to Almeida’s claims that narrower language on religious institutions hasn’t been proposed by pointing to existing law.
“The alternative to ENDA’s unprecedented religious exemption has been and remains crystal clear,” Thompson said. “Just as our civil rights laws have never permitted blank checks to discriminate based on race, sex, national origin, age, and disability, they must not now do so based on sexual orientation and gender identity.”
Discussion of the religious exemption also came up during the first panel of the day, which consisted of six speakers from a bipartisan group of LGBT organizations. Paul Schindler, editor-in-chief of Gay City News, asked the panel if they were comfortable with the language.
Gregory Angelo, executive director of the National Log Cabin Republicans, started off the discussion by saying he was “comfortable” with the current wording because it’s hard enough selling the bill as it is.
“Without naming names, there are meetings that I have had with Republicans — both in the House and the Senate — where there’s some Republicans who don’t feel those religious protections go far enough,” Angelo said. “We’re pushing back against that. I think the protections as they exist now are strong, they’re solid.”
Melissa Sklarz, a transgender Democratic activist from Stonewall Democrats of New York City, seemed to support the exemption on a temporary basis as a way to win support for the bill, saying it won’t hold up in court and is just “a barrier to try to win allies” on the Republican side.
“It’s a good idea,” Sklarz said. “We watched them fight LGBT equality in ‘Don’t Ask, Don’t Tell’ and we’ve watched it in marriage. As they keep throwing things at ideas that prevent equality, they will not stand up. If this is going to win allies among the moderate and right-wing so we can get it to the floor, then great.”
Asked by Schindler whether under the current religious exemption he could be fired at a Catholic hospital or a Mormon book store, Almeida replied, “It depends.”
“It depends on the facts,” Almeida said. “Law has very few bright line tests, and neither the Title VII religious exemption, nor the ENDA religious exemption, list types of organizations. So, courts have created factors that are considered.”
Almeida said courts have established that for-profit businesses are eligible for the religious exemption under existing law. But he acknowledged that organizations like the Catholic Church and Catholic Charities will be able to continue to discriminate against LGBT people in hiring and firing decisions.
“By tying the ENDA religious exemption explicitly to the Title VII religious exemption, that gives us the most clarity, and as a byproduct, and for me it’s just a byproduct, it’s going to be the one to help us win,” Almeida said.
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.
2026 Midterm Elections
Meet the LGBTQ candidates running for U.S. House, Senate
Pappas would become first out gay man elected to upper chamber
The midterm elections are often seen as a report card for the party in power, giving voters an opportunity to weigh in on the direction of the country after two years of unified control of the federal government. With Republicans controlling the White House, Congress and the Supreme Court, the 2026 elections could reshape the balance of power in Washington and determine what the next two years of federal policy will look like.
Among the candidates looking to shape that future are a large number of openly LGBTQ politicians running for federal office. All of the candidates listed below openly identify as members of the LGBTQ community and are running as Democrats, seeking seats in both the U.S. House of Representatives and the U.S. Senate. (See below for a list of LGBTQ incumbents.)
The New Candidates
U.S. Senate:
Chris Pappas — NH
The United States House of Representatives:
Cait Conley — NY-17
Jeremy Moss — MI-11
JoAnna Mendoza — AZ-06
Marni von Wilpert — CA-48
Scott Wiener — CA-11
Chris Gallant — NY-1
JD Ford — IN-5
Janelle Sarauw — U.S. Virgin Islands
If all of these candidates running for federal office win their seats, this would make the federal government the queerest legislative term for Congress ever.
Chris Pappas would become the first openly gay male senator if he wins the race against Republican John E. Sununu. Pappas is currently leading early polls 50% to Sununu’s 42%, and is seen as a fairly centrist Democrat with a slew of accomplishments passed through the House since his election in 2018 that make him a desired candidate for the purple “Granite State.”
Cait Conley is fighting to take two-term incumbent Republican Mike Lawler’s seat for New York’s 17th district, covering parts of Westchester, Rockland, Putnam and Dutchess counties. Conley has a long history of working as a public servant through her extensive military service, which includes six overseas deployments with the Army and work with the National Security Council. Current polling shows she has an advantage over her opponent, 64% to his 36%, making this one a race to watch.
Jeremy Moss is running for election in Michigan, after quickly rising in the ranks within the Great Lake state. Moss, who was elected to his city’s city council, then to the state House, then to state Senate has had a lengthy connection with state politics for someone so young. He also served as the state’s first gay president pro tempore. He is running in the Detroit suburbs, including Oakland County. Nearly all polling puts Moss in the lead with some already giving him 99%.
JoAnna Mendoza is a veteran of the U.S. Navy and U.S. Marine Corps running for a House seat for the Tucson and southeastern Arizona area. She has been outspoken about how the cost of everyday necessities under the current leadership of President Trump and Republicans in Congress has made people in her state less safe. She is currently locked in a tight race with her Republican counterpart, leading Juan Ciscomani 47% to 45%.
Marni von Wilpert is running to represent northern San Diego County. She has experience representing the area as a San Diego City Council member, former prosecutor, and Obama workers’ rights attorney. Von Wilpert holds a narrow lead over Republican Jim Desmond, 45% to 42%.
Scott Wiener is looking for a chance to take former House Speaker Nancy Pelosi’s seat in the San Francisco area. Weiner holds a narrow lead over the Pelosi-endorsed San Francisco supervisor Connie Chan. A New York Times poll has him leading 45% to Chang’s 40%.
Chris Gallant has a slew of federal accomplishments under his belt, from working as an FAA air traffic controller to serving in the U.S. Army and New York Army National Guard, including as a Black Hawk helicopter pilot, and is a volunteer firefighter on Long Island. Despite all of this dedication to public service, he’s running in a solidly red district with recent predictions favor LaLota 81 to 26.
JD Ford is fighting to represent the northern Indianapolis suburbs and north-central Indiana against Republican incumbent Victoria Spartz. He was the first and only openly LGBTQ person elected to the Indiana Legislature, running his campaign on making living more affordable. Polling puts him slightly behind Spartz 48% to 46%.
Janelle Sarauw is trying to win the U.S. Virgin Island’s seat in the U.S. Congress. While there is no voting power, the seat can participate in debates. Sarauw is likely to win the seat after sweeping the primary earlier this year, and will face off against Shelley Moorhead, an independent, in November.
The Incumbents
Becca Balint — VT-At Large
Emily Randall — WA-06
Eric Sorensen — IL-17
Mark Pocan — WI-02
Mark Takano — CA-39
Ritchie Torres — NY-15
Robert Garcia — CA-42
Sarah McBride — DE
Sharice Davids — KS-03
Becca Balint is running for reelection to represent all of Vermont, making her one of the few candidates on this list who represents an entire state rather than a congressional district. Balint, a former teacher and Vermont state senator, has made housing affordability, mental health, and protecting democracy central parts of her platform. Recent polling gives Balint a substantial lead over Republican challenger Gerald Malloy, 60% to Gerald’s 30%.
Emily Randall is running for reelection in Washington’s 6th Congressional District, which includes the Olympic Peninsula and parts of the Kitsap Peninsula across Puget Sound from Seattle. Randall, who previously served in the Washington state Senate, has made expanding access to affordable health care a major part of her platform. She appears to be in a relatively strong position for reelection where she won 60% of the vote in Washington’s August top-two primary, while her Republican opponent Teresa Fox received about 25%.
Eric Sorensen is running for another term representing western Illinois. The former television meteorologist has centered his congressional work on lowering costs for working families. There is no public polling in the race, but a current nonpartisan forecast gives Sorensen 59% of the vote compared to Republican Dillan Vancil, with 40%.
Mark Pocan is seeking to continue representing Madison and south-central Wisconsin. Pocan, who has served in Congress since 2013, has focused on issues including health care affordability, workers’ rights and LGBTQ+ equality. There is no public polling of the race, but the current field has no Republican candidate, and a nonpartisan forecast gives Pocan more than a 99% modeled chance of winning.
Mark Takano is running for reelection in California’s 39th congressional district, which includes Riverside and portions of the Inland Empire east of Los Angeles. Takano has made health care and veterans’ issues major parts of his congressional work. There is no public polling of the race, but in his primary he came in first with 61% of the vote compared to Republican Steve Manos’s 39%.
Ritchie Torres is running for another term representing New York’s 15th congressional district in the Bronx. Torres, who previously served on the New York City Council, has made housing, economic development, education, and public safety major parts of his platform. There is no current public polling of the race, but multiple prediction sites have it squarely his to win.
Robert Garcia is seeking another term representing California’s 42nd congressional district, which includes Long Beach and southeastern Los Angeles County. Garcia, the former mayor of Long Beach, has focused on issues including infrastructure, transportation, education, and LGBTQ+ rights while in Congress. There is no public polling of the race, but forecasting has Garcia winning the seat over Republican Brian Burley 99% to 1%.
Sarah McBride, is running for reelection to represent Delaware’s sole congressional district, meaning she represents the entire state. McBride, who made history as the first openly transgender member of Congress, has centered her campaign on lowering health care costs, protecting reproductive health care, and strengthening workers’ rights. There is no public polling of the general election, but a current nonpartisan forecast gives McBride a 99.1% modeled chance of winning against Republican Joseph Arminio.
Sharice Davids is seeking another term representing Kansas’ 3rd Congressional District, which covers the Kansas side of the Kansas City metropolitan area. Davids, a former White House fellow and attorney, has made agriculture, lowering costs, and health care central parts of her platform. There is no current public polling of the race, but prediction polling shows she has a 94% chance of winning her race.
White House
Trump-appointed judge restores White House TV pool access
Judge called in to question president’s justification of the ban
A federal judge ordered the White House to restore West Wing press credentials to three news organizations after President Donald Trump attempted to bar their access for unfavorable reporting.
Early Thursday morning, Trump-appointed U.S. District Judge Timothy Kelly granted a temporary restraining order brought by POLITICO, CNN, and MS NOW as part of a joint lawsuit. The lawsuit cites the imperative role of a “free press” and ordered the 78 journalists’ credentials returned to the three outlets for at least the next two weeks as litigation plays out.
In the eight-page ruling, the judge goes over a slew of laws that Trump may have violated in banning the three media groups — from stepping on their First Amendment rights to a free press to the Fifth Amendment right to due process.
The judge also questioned Trump’s justification for removing the outlets, originally saying it was a matter of national security.
“The court is skeptical — at least on this record — that defendants’ interest in safeguarding national security is the actual motivation for, or is even advanced by, the revocation of plaintiffs’ hard passes,” Kelly wrote in an 8-page ruling issued just before 1 a.m. ET.
“Nothing in the record that predates this suit suggests that the revocation of plaintiffs’ hard passes was motivated by national security concerns. Certainly, that is not what President Trump said when he announced that he was ‘banning’ plaintiffs from the White House — instead, he focused on the alleged lack of truthfulness and negativity of plaintiffs’ reporting,” the judge added.
The Washington Blade reached out to the White House press office asking if the administration would file an appeal to keep the journalists out of the West Wing but did not hear back before publication time.
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