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GOP lawyer Ted Olson latest to endorse ENDA

New poll finds 56 percent of Republicans support anti-bias measure

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Ted Olson speaks at the Cato Institute

Former Solicitor General Ted Olson is the latest to endorse ENDA. (Washington Blade file photo by Michael Key).

A Republican lawyer who has gained notoriety for leading marriage equality lawsuits is lending his name to another LGBT cause: the Employment Non-Discrimination Act.

Ted Olson, who argued against California’s Proposition 8 before the U.S. Supreme Court and just this week joined another lawsuit seeking marriage equality in Virginia, announced he backs ENDA during a conference call with reporters on Monday about his new lawsuit with the American Foundation for Equal Rights.

Asked by the Washington Blade whether he supports ENDA, which would prohibit employers from discriminating against LGBT workers, Olson initially replied simply, “Yes.”

“I feel very, very strongly that this country ought to stop discriminating against our citizens on the basis of their sexual orientation,” Olson continued. “It is unfair, it’s unreasonable, it’s unacceptable. It serves no purpose and it does a great deal of harm.”

Olson endorses ENDA on the day that the Americans for Workplace Opportunity, a campaign seeking to pass the legislation, made public new polling from Republican pollster Target Point Consulting. Among the findings: 68 percent of voters, including 56 percent of Republicans, support a federal law barring LGBT workplace discrimination.

Olson’s support for ENDA makes him one of those Republicans. He served as solicitor general under former President George W. Bush after representing the former president in the 2000 case Bush v. Gore, which led to Bush winning the White House.

Further, Olson helped the Romney campaign during the 2012 presidential election by impersonating Vice President Joseph Biden during debate prep with then-GOP vice presidential nominee Paul Ryan.

Matt McTighe, campaign manager for Americans for Workplace Opportunity, said Olson’s endorsement demonstrates ENDA has significant bipartisan support.

“Ted Olson’s support amplifies the bipartisan momentum to pass ENDA,” McTighe said. “He joins the strong majority of Republicans, according to the poll we released this morning, who believe in protecting gay and transgender employees in the workplace. ENDA is both good for business and the right thing to do.”

The Target Point Consulting poll also found 8 in 10 voters incorrectly believe that it’s currently illegal under federal law to fire or refuse to hire someone for being gay or transgender. Additionally, the poll projects that ENDA enjoys majority support in all 50 states.

Olson’s endorsement also comes at a time when a Senate vote on ENDA is anticipated this fall. Amid expectations that ENDA will pass the Senate, observers anticipate a more difficult fight in the House, where Republicans have control.

Tico Almeida, president of Freedom to Work, commended Olson for coming on board in support of ENDA and said the news could move Republicans to back the legislation.

“Freedom to Work applauds Ted Olson for joining the growing number of Republicans who support national workplace protections for LGBT Americans,” Almeida said. “Mr. Olson campaigned for the McCain presidential campaign, and we hope Sen. McCain will be among the Republicans who vote in favor of ENDA this fall.”

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Congress

Congress passes ‘Big, Beautiful Bill’ with massive cuts to health insurance coverage

Roughly 1.8 million LGBTQ Americans rely on Medicaid

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U.S. House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

The “Big, Beautiful Bill” heads to President Donald Trump’s desk following the vote by the Republican majority in the U.S. House of Representatives Thursday, which saw two nays from GOP members and unified opposition from the entire Democratic caucus.

To partially offset the cost of tax breaks that disproportionately favor the wealthy, the bill contains massive cuts to Medicaid and social safety net programs like food assistance for the poor while adding a projected $3.3 billion to the deficit.

Policy wise, the signature legislation of Trump’s second term rolls back clean energy tax credits passed under the Biden-Harris administration while beefing up funding for defense and border security.

Roughly 13 percent of LGBTQ adults in the U.S., about 1.8 million people, rely on Medicaid as their primary health insurer, compared to seven percent of non-LGBTQ adults, according to the UCLA School of Law’s Williams Institute think tank on sexual orientation and gender identities.

In total, the Congressional Budget Office estimates the cuts will cause more than 10 million Americans to lose their coverage under Medicaid and anywhere from three to five million to lose their care under Affordable Care Act marketplace plans.

A number of Republicans in the House and Senate opposed the bill reasoning that they might face political consequences for taking away access to healthcare for, particularly, low-income Americans who rely on Medicaid. Poorer voters flocked to Trump in last year’s presidential election, exit polls show.

A provision that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation — reportedly after the first trans member of Congress, U.S. Rep. Sarah McBride (D-Del.) and the first lesbian U.S. senator, Tammy Baldwin (D-Wis.), shored up unified opposition to the proposal among Congressional Democrats.

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Congress

Ritchie Torres says he is unlikely to run for NY governor

One poll showed gay Democratic congressman nearly tied with Kathy Hochul

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U.S. Rep. Ritchie Torres (D-N.Y.) (Washington Blade photo by Michael Key)

Gay Democratic Congressman Ritchie Torres of New York is unlikely to challenge New York Gov. Kathy Hochul (D) in the state’s next gubernatorial race, he said during an appearance Wednesday on MSNBC’s “Morning Joe.”

“I’m unlikely to run for governor,” he said. ““I feel like the assault that we’ve seen on the social safety net in the Bronx is so unprecedented. It’s so overwhelming that I’m going to keep my focus on Washington, D.C.”

Torres and Hochul were nearly tied in a poll this spring of likely Democratic voters in New York City, fueling speculation that the congressman might run. A Siena College poll, however, found Hochul leading with a wider margin.

Back in D.C., the congressman and his colleagues are unified in their opposition to President Donald Trump’s signature legislation, the “Big Beautiful Bill,” which heads back to the House after passing the Senate by one vote this week.

To pay for tax cuts that disproportionately advantage the ultra-wealthy and large corporations, the president and Congressional Republicans have proposed massive cuts to Medicaid and other social programs.

A provision in the Senate version of the bill that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation, reportedly after pressure from transgender U.S. Rep. Sarah McBride (D-Del.) and lesbian U.S. Sen. Tammy Baldwin (D-Wis.).

Torres on “Morning Joe” said, “The so-called Big Beautiful Bill represents a betrayal of the working people of America and nowhere more so than in the Bronx,” adding, “It’s going to destabilize every health care provider, every hospital.”

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Congress

House Democrats oppose Bessent’s removal of SOGI from discrimination complaint forms

Congressional Equality Caucus sharply criticized move

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Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A letter issued last week by a group of House Democrats objects to Treasury Secretary Scott Bessent’s removal of sexual orientation and gender identity as bases for sex discrimination complaints in several Equal Employment Opportunity forms.

Bessent, who is gay, is the highest ranking openly LGBTQ official in American history and the second out Cabinet member next to Pete Buttigieg, who served as transportation secretary during the Biden-Harris administration.

The signatories to the letter include a few out members of Congress, Congressional Equality Caucus chair and co-chairs Mark Takano (Calif.), Ritchie Torres (N.Y.), and Becca Balint (Vt.), along with U.S. Reps. Nikema Williams (Ga.), Hank Johnson (Ga.), Raja Krishnamoorthi (Ill.), Delia Ramirez (Ill.), Joyce Beatty (Ohio), Lloyd Doggett (Texas), Eleanor Holmes Norton (D.C.), Josh Gottheimer (N.J.), and Sylvia Garcia (D-Texas).

The letter explains the “critical role” played by the EEO given the strictures and limits on how federal employees can find recourse for unlawful workplace discrimination — namely, without the ability to file complaints directly with the Employment Opportunity Commission or otherwise engage with the agency unless the complainant “appeal[s] an agency’s decision following the agency’s investigation or request[s] a hearing before an administrative judge.”

“Your attempt to remove ‘gender identity’ and ‘sexual orientation’ as bases for sex discrimination complaints in numerous Equal Employment Opportunity (EEO) forms will create unnecessary hurdles to employees filing EEO complaints and undermine enforcement of federal employee’s nondiscrimination protections,” the members wrote in their letter.

They further explain the legal basis behind LGBTQ inclusive nondiscrimination protections for federal employees in the EEOC’s decisions in Macy v. Holder (2012) and Baldwin v. Foxx (2015) and the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020).

“It appears that these changes may be an attempt by the department to dissuade employees from reporting gender identity and sexual orientation discrimination,” the lawmakers wrote. “Without forms clearly enumerating gender identity and sexual orientation as forms of sex discrimination, the average employee who experiences these forms of discrimination may see these forms and not realize that the discrimination they experienced was unlawful and something that they can report and seek recourse for.”

“A more alarming view would be that the department no longer plans to fulfill its legal obligations to investigate complaints of gender identity and sexual orientation and ensure its
employees are working in an environment free from these forms of discrimination,” they added.

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