News
Despite shutdown, activists continue to engage on ENDA
Advocates say they’re meeting with lawmakers on LGBT bill during budget crisis
Advocates say work on ENDA continues despite the government shutdown. (Washington Blade file photo by Michael Key)
Despite the ongoing stalemate in Congress in the second week of a government shutdown, advocates say they’re undaunted in their efforts to pass pro-LGBT legislation.
LGBT rights supporters say they remain engaged on a high-priority bill, the Employment Non-Discrimination Act, and assert plans for a vote in the Senate this fall remain unchanged.
Christian Berle, legislative director for Freedom to Work, said he doesn’t expect the shutdown to have any impact on the timing of an ENDA vote.
“We’ve always believed the most likely window for a Senate vote on ENDA was between the last week of October and Thanksgiving, and we think we’re still on track for that timing,” Berle said.
Even as Congress focuses on finding an agreement to restore funds to keep the government in operation and raise the nation’s debt limit, advocates say they met last week with lawmakers to build support for ENDA.
Rea Carey, executive director of the National Gay & Lesbian Task Force, said the shutdown “will not shut us up” on issues like ENDA as well as immigration reform.
“It’s always the right time for rights and protections: that’s why we were on the Hill last week pushing for ENDA with the members and their staff who remain at their desks during the shutdown,” Carey said. “Just because some members of Congress don’t want to do their jobs, doesn’t mean that we should stop doing ours.”
Similarly, Berle said last week Freedom to Work “had a very productive discussion” with an undeclared Republican senator who was eager to learn about the bill.
“While senators are focused, on both sides of the aisle, on resolving the government shutdown, they can walk and chew gum at the same time,” Berle said. “We have been actively engaging with our allies on the Hill, while continuing to lobby the swing votes.”
Berle declined to name the undeclared senator with whom he spoke, but said the lawmaker is “actively considering” support for the bill.
Although LGBT advocates are saying the trajectory for ENDA is unchanged, lawmakers close to ENDA are silent during the government shutdown.
Emails to the offices of Senate Majority Leader Harry Reid (D-Nev.); Sen. Jeff Merkley (D-Ore), ENDA’s chief sponsor; and Senate Health, Education, Labor & Pensions Committee Chair Tom Harkin (D-Iowa) were returned with automatic replies that the offices were closed.
A Senate senior Democratic aide, who spoke on condition of anonymity, said he hasn’t heard about ENDA discussions and “everything’s on hold” besides budget and debt negotiations. Still, he didn’t dispute that advocates are engaged on the legislation.
“That’s probably credible, but they also have to put on airs, or put up a face like they’re still doing the work on it,” the aide said. “But, honestly, we’re not going to get to anything until the week of Halloween. We won’t get to anything other than debt ceiling and government funding until Halloween week, so everything is on hold until we address those two things.”
Americans for Workplace Opportunity, the $2 million campaign whose steering committee consists of 11 groups seeking to pass ENDA, didn’t respond to multiple requests for comment on the status of its ENDA lobbying during the government shutdown. The campaign was scheduled to have a citizens lobby day on Capitol Hill to push for ENDA passage on Oct. 3.
As gridlock continues, it’s reasonable to question whether legislation that would prohibit discrimination against LGBT workers could reach the president’s desk during the current Congress.
Berle insisted the situation is different for ENDA when asked if the current impasse reflects poorly on the chances for passage of the LGBT bill.
“ENDA is not a partisan issue, unlike the budget and government funding, senators on both sides of the aisle are in ongoing discussion about the need for employment protections,” Berle said. “We are confident that ENDA will have the 60 votes necessary for cloture. We’re ready to pass these fundamental workplace protections.”
Berle added that there is time to push for ENDA in the House, where passage will be more difficult.
“Fortunately there are still 15 months in the current Congress to pass ENDA,” Berle said. “Freedom to Work is actively engaging not only with Senate offices, but are picking up Republican supporters in the House to help press the case for consideration and building a majority in the House of Representatives to make federal workplace protections for LGBT workers a reality.”
A shutdown for marriage equality lawsuits?
The shutdown could also have an impact on another route LGBT advocates are using to pursue LGBT rights: the federal judiciary. The website for the U.S. courts, as reported by ThinkProgress, at the time of the shutdown said the court would remain open for about 10 business days, but on or around Oct. 15, the judiciary will reassess the situation.
Jon Davidson, legal director for Lambda Legal, said it’s unclear at this time whether the shutdown will lead to a nationwide closure or impact the 35 marriage equality cases he counts pending before the judiciary.
“Federal courts will be operating at least until mid-October and thereafter, it will vary by courthouse, as each federal district and circuit makes its own independent budget decisions,” Davidson said. “Furloughs of nonessential federal judicial staff is likely to lead to postponements of pending hearings in many parts of the country, but I have not heard of any of the immediately upcoming hearings in marriage cases being delayed.”
The case for which a closure of the federal judiciary could have the most immediate impact is DeBoer v. Snyder, the federal lawsuit seeking marriage equality in Michigan. Oral arguments are set for Oct. 16, just about the time the federal judiciary will make a reassessment.
Rod Hansen, a spokesperson for the U.S. District Court for the Eastern District of Michigan, said he doesn’t expect oral arguments in the case will be affected by the shutdown.
“There is no way of being sure, but I doubt very much that it will be postponed,” Hansen said.
But Davidson said the shutdown is already having an effect on other parts of the federal court system that are important to LGBT people.
“Immigration courts have postponed hearings in matters not involving someone in detention, meaning delays for many individuals seeking asylum or binational married couples seeking green cards for the foreign spouse,” Davidson said. “Discrimination proceedings before the EEOC are being postponed, which is having a negative impact on several cases we are currently handling on behalf of LGBT and HIV-positive workers.”
House-passed NIH bill would fund AIDS research
As Congress hashes out the way forward, the House continues to pass bills to fund the government through a piecemeal approach without approving legislation that would restore operations to the government as a whole.
Among these bills is a measure to continue funds for the National Institutes for Health. As the Blade reported last week, the lack of funds for this agency has implications for HIV/AIDS because the shutdown put a freeze on new medical research related to the disease.
The White House has threatened to veto the legislation, saying a piecemeal approach to fund the government isn’t appropriate, and Reid indicated a lack of interest in bringing up the bill in the Senate, saying, “What right do they have to pick and choose what parts of government can be funded?”
Laura Durso, director of LGBT research at the Center for American Progress, rejected the idea of funding the government through a piecemeal approach and said her organization doesn’t support the bill.
“While this piecemeal approach to funding the government is not a sensible strategy, restoring funding to the National Institutes of Health will mean that coordination and execution of life-saving research will continue under agencies such as the Office of AIDS Research and the National Institute of Allergy & Infectious Diseases,” Durso said.
Chris Collins, director of policy for amfAR, said the government shutdown magnifies a larger problem of inadequate government funds for AIDS research and is keeping American scientists away from an international HIV vaccine conference taking place this week in Barcelona, Spain.
“The government shutdown is frustrating AIDS research in multiple ways,” Collins said. “It has already kept scores of U.S. government scientists away from an HIV vaccine conference this week. This, on top of a continued loss of purchasing power of NIH funding over the years, will slow down new discoveries in the fight against AIDS and other diseases.”
Meanwhile, LGBT people are among the estimated hundreds of thousands of federal workers who remain on furlough during the shutdown.
Just like during the shutdown 17 years ago, these workers seem headed to receiving compensation for the time they’ve been unable to work. On Saturday, the House passed a measure to restore their pay, but only after the funding for the government as a whole is restored.
President Obama endorsed the idea of providing these workers with pay for the time they were furloughed, saying, “That’s how we’ve always done it.”
On Monday, Defense Secretary Chuck Hagel recalled most civilian Pentagon furloughed employees back to work on the basis of Obama signing the Pay Our Military Act to continue funding for the armed services.
Capt. Valerie Palacios, spokesperson for the LGBT employee affinity group at the Pentagon known as DOD Pride, said her fellow LGBT employees look forward to getting back to their jobs.
“DOD civilians, LGBT or otherwise, are proud to go back to work to support the military, but we, along with military personnel and the defense industrial base, remain severely hampered in our ability to do work critical to National Security by the lack of funding to support key programs,” Palacios said. “We all look forward to the day when we can get back to this critical work. Our nation’s safety depends on it.”
District of Columbia
Washington Blade names new publisher
Longtime ad exec Brian Pitts to assume role from Lynne Brown
The Washington Blade announced this week that its longtime publisher, Lynne Brown, who has worked at the publication for nearly 40 years, is retiring from her day-to-day duties.
Blade co-owner and longtime advertising executive Brian Pitts will assume the role of publisher effective June 26.
Pitts, 46, is a native of Fredericksburg, Va. In 2004, he moved to Washington, D.C., from Rehoboth Beach, Del., to work at the Blade as a 24-year-old sales executive. Pitts, along with Brown and Blade Editor Kevin Naff have owned the Blade since 2009. Pitts has served as the Blade’s lead sales executive since then.
“We’ve been through a lot over the last 17 years, including a recession and a pandemic,” said Pitts. “Lynne has been a steady hand throughout and I’m excited to take the reins and help steer the Blade into its next chapter.”
Brown will assume the title of publisher emerita and remain a part owner of the Washington Blade and Los Angeles Blade and contribute to the business via special projects.
As for what’s next, she said, “I will take the summer to regroup. I have one more LGBTQ community project in mind, and a few personal goals to check off the list. I am a Washingtonian. I will continue to live, work, and love here in D.C. Of course every Friday morning, I will grab a cup of coffee and read the Blade.”
Asked what advice she has for Pitts as he takes over the publisher’s job, Brown replied, “Brian is going to be great. He has all the skills needed to run this business. He also has a deep, silent passion for the Blade. My only advice: Slow and steady wins the race.”
Pitts said his primary goal as publisher is to ensure the Blade continues its mission as America’s LGBTQ news source.
“Another goal is to reach a younger audience and to include an educational component,” he added. “Some younger community members may be newer to the Blade and less familiar with LGBTQ history. Recently, we published a special commemorative magazine to coincide with America 250, chronicling LGBTQ history and contributions to U.S. culture. It’s so important not to let our history get erased and to remember where we came from and to work toward where we want to go.”
He described the biggest challenge to queer media as the Trump administration’s attacks on DEI.
“We have companies that have advertised with us for years who are now afraid of the potential consequences,” he said.
Brown joined the Blade in 1987. She was named publisher in 2007 by previous owner Window Media. In 2009, Window Media filed for bankruptcy; shortly after, Brown, Naff, and Pitts acquired the Blade’s assets from the bankruptcy court and relaunched the brand with Brown as publisher.
She said the period after the bankruptcy became her biggest challenge as publisher.
“The crisis that birthed Brown Naff Pitts Omnimedia kept me overly focused on millions of details,” she recalls. “My greatest personal challenge was delegating and letting go of details. Trusting staff with their strengths and skills to do their jobs was slow to come. It has proved to be most rewarding. Building the right team — knowing the people you work with are committed, professional, and honest — is a great thing.”
Pitts described the bankruptcy and rebirth of the Blade in 2009 as his proudest moment with the company.
“Working at the paper has been great, but becoming a co-owner was a dream come true,” he said.
Naff praised both of his colleagues.
“Lynne has been a rock, helping us navigate financial crises and a pandemic. The Blade wouldn’t have survived without her dedication,” he said. “She is the publisher every editor would want. Brian has terrific instincts, a passion for the Blade’s important mission, and an eye on growth. I am proud to call both of them friends and mentors and look forward to the next chapter.”
Asked why LGBTQ media are still relevant, Brown cited the recent erosion of queer rights as evidence that the Blade’s work remains important.
“The Blade helps fight invisibility and isolation,” she said. “We may have rights today, but we have seen rights eroded or erased. The Blade reports on those rights authentically and accurately and serves as a communication tool and a historian for the community.”
Pitts added, “While mainstream media may cover LGBTQ+ issues, no one covers them quite like us. These are our community’s stories and voices and this is your news source.”
The Blade will host a happy hour event later this summer where the community can meet Pitts and thank Brown for her decades of service.
Delaware
Vote to enshrine same-sex marriage in state constitution fails in Delaware
‘General Assembly turned its back on the people of this state’
The Delaware General Assembly on Tuesday failed to pass Senate Bill 100 (SB-100), an amendment that would add protections for same-sex and interracial marriage to the Delaware Constitution.
In order for the bill to pass, 28 out of 41 members needed to vote ‘yes,’ meaning all 27 Democrats and one Republican needed to vote in favor of the bill.
Rep. Eric Morrison (D-27) told the Blade that an anonymous Republican member agreed to vote in favor prior to the vote but ultimately did not follow through on that promise.
“It’s a shame,” said Rep. Morrison, who’s gay. He explained the difficult nature of passing this amendment with only three legislative days remaining in this session.
The bill needs to receive a two-thirds majority vote in two different sessions and the current two-year long session ends on July 1. Thus, if the bill does not pass before July 1, it will take a minimum of three years to pass the amendment.
The bill was introduced by State Sen. Russ Huxtable (D-07) on June 5, 2025.
Rep. Josue Ortega (D-03) was one of two Democrats to not vote in favor of the bill, voting ‘no.’ Rep. Ortega has not responded to the Blade’s request for comment.
Rep. Madinah Wilson-Anton (D-27) was the other Democrat missing from the ‘yes’ votes. She did not vote on the bill.
Sponsor of the measure, Rep. Claire Snyder-Hall (D-14), made a technical decision to reverse her vote from a ‘yes’ to a ‘no’ last-minute in order to keep the bill alive.
In a Facebook post, Rep. Snyder-Hall said that, “The General Assembly turned its back on the people of this state.”
“When we had the chance to add an extra layer of protection from attempts to turn back the clock and strip our constituents of the rights that Democrats fought for decades to secure, we failed,” said Snyder-Hall.
However, Snyder-Hall said that the failure to pass this bill is not the end. “There are still three legislative days left in the 153rd General Assembly and I am hopeful that we will be able to get the votes required to pass this incredibly basic — but important — bill.”
New York
Judge blocks DOJ from obtaining transgender patients’ medical records
Advocacy groups sued White House
A judge for the U.S. District Court for the Southern District of New York has granted a request from multiple transgender people for a temporary restraining order, blocking the disclosure of plaintiffs’ and class members’ medical information to the Justice Department.
Judge Katherine Polk Failla approved the Temporary Restraining Order and Provisional Class Certification, preventing any further information from being provided to the Trump-led DOJ.
The medical data was requested through subpoenas issued by the Trump-Vance administration’s DOJ to multiple hospitals in New York City — most notably NYU Langone — which halted its Transgender Youth Health Program in May following a federal push to stop providing trans minors with gender-affirming care.
In May 2026, NYU Langone Hospitals received a subpoena from a federal grand jury in Fort Worth, Texas, demanding that the hospitals turn over the identities and sensitive health information of any patient who had received medical treatment for gender dysphoria while under the age of 18 at NYU Langone between January 2020 and May 2026.
Lambda Legal, the American Civil Liberties Union, and the New York Civil Liberties Union filed a lawsuit, “Coe, et al. v. Blanche, et al.,” against the Trump-Vance administration on behalf of three families with trans youth and two trans young adults who were minors when they began care, in June 2026.
The lawsuit requests a temporary restraining order blocking the DOJ from violating the patients’ constitutional privacy rights by obtaining identifying and sensitive health information as part of its investigation into unspecified health offenses. The DOJ issued subpoenas to NYU Langone and other similar healthcare institutions in New York City, including Mount Sinai, that provide or have provided gender-affirming medical care to trans minors. All plaintiffs have filed under pseudonyms to maintain their privacy and anonymity.
Multiple leaders of organizations that helped push for the restraining order provided quotes about the ongoing situation and what it means for the fight for trans children’s access to healthcare in the U.S.
“Today’s order from the court is a victory for the basic privacy of our clients and all families like theirs across New York City. It is no secret that this administration will use every lever in its power to attack transgender people and fulfill its misguided goal to ‘end’ gender-affirming medical care — care that is legal and protected in New York State. Using subpoenas to attain the identities and sensitive health information of transgender young people to effectuate such goals should send chills down the spine of every American. Our laws and our Constitution recognize that we all have a right to confidentiality about the most intimate and private information about ourselves,” said Omar Gonzalez-Pagan, senior counsel and health care strategist at Lambda Legal. “Whether a young person receives any type of medical care is a decision for that patient, their family, and their doctor, not for political appointees to decide, interfere with, or know. The government cannot abuse its powers to violate the constitutional rights of transgender young people and their families. It is an enormous relief for these families that the court has stopped them from doing so as this case proceeds.”
“We’re thankful the court has granted our emergency request to protect the privacy interests of transgender New Yorkers and their families,” said Chase Strangio, co-director of the ACLU’s LGBTQ & HIV Rights Project. “Patients and families trust their doctors with their most intimate, private information and should trust in turn that this information will be protected from impermissible and harassing demands for disclosure from the federal government or anyone else. For the past year, the Trump administration has not only decided that it knows better than these families and their doctors what their medical needs are, but has also sought to obtain troves of sensitive information about patients in New York. We will continue to fight on behalf of these families and the fundamental liberty of all transgender New Yorkers and those who come here to seek needed medical care.”
“New York’s laws recognize that transgender youth deserve fundamental privacy protections for their sensitive medical records and unobstructed access to the care they need,” said Bobby Hodgson, deputy legal director at the New York Civil Liberties Union. “As the Trump administration tries to bully transgender youth, scare families, and intimidate healthcare providers into dropping their patients, we’re thankful the court found these tactics are likely unconstitutional and put a stop to them here in New York.”
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