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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
New interim D.C. police chief played lead role in security for WorldPride
Capital Pride says Jeffery Carroll had ‘good working relationship’ with organizers
Jeffery Carroll, who was named by D.C. Mayor Muriel Bowser on Dec. 17 as the city’s Interim Chief of Police, played a lead role in working with local LGBTQ community leaders in addressing public safety issues related to WorldPride 2025, which took place in D.C. last May and June
“We had a good working relationship with him, and he did his job in relation to how best the events would go around safety and security,” said Ryan Bos, executive director of Capital Pride Alliance.
Bos said Carroll has met with Capital Pride officials in past years to address security issues related to the city’s annual Capital Pride parade and festival and has been supportive of those events.
At the time Bowser named him Interim Chief, Carroll had been serving since 2023 as Executive Assistant Chief of Specialized Operations, overseeing the day-to-day operation of four of the department’s bureaus. He first joined the D.C. Metropolitan Police Department in 2002 and advanced to multiple leadership positions across various divisions and bureaus, according to a statement released by the mayor’s office.
“I know Chief Carroll is the right person to build on the momentum of the past two years so that we can continue driving down crime across the city,” Bowser said in a statement released on the day she announced his appointment as Interim Chief.
“He has led through some of our city’s most significant public safety challenges of the past decade, he is familiar with D.C. residents and well respected and trusted by members of the Metropolitan Police Department as well as our federal and regional public safety partners,” Bowser said.
“We have the best police department in the nation, and I am confident that Chief Carroll will meet this moment for the department and the city,” Bowser added.
But Bowser has so far declined to say if she plans to nominate Carroll to become the permanent police chief, which requires the approval of the D.C. City Council. Bowser, who announced she is not running for re-election, will remain in office as mayor until January 2027.
Carroll is replacing outgoing Chief Pamela Smith, who announced she was resigning after two years of service as chief to spend more time with her family. She has been credited with overseeing the department at a time when violent crime and homicides declined to an eight-year low.
She has also expressed support for the LGBTQ community and joined LGBTQ officers in marching in the WorldPride parade last year.
But Smith has also come under criticism by members of Congress, who have accused the department of manipulating crime data allegedly showing lower reported crime numbers than actually occurred. The allegations came from the Republican-controlled U.S. House Oversight Committee and the U.S. Justice Department
Bowser has questioned the accuracy of the allegations and said she has asked the city’s Inspector General to look into the allegations.
Meanwhile, a spokesperson for the D.C. police Office of Public Affairs did not immediately respond to a question from the Washington Blade about the status of the department’s LGBT Liaison Unit. Sources familiar with the department have said a decline in the number of officers currently working at the department, said to be at a 50-year low, has resulted in a decline in the number of officers assigned to all of the liaison units, including the LGBT unit.
Among other things, the LGBT Liaison Unit has played a role in helping to investigate hate crimes targeting the LGBTQ community. As of early Wednesday an MPD spokesperson did not respond to a question by the Blade asking how many officers are currently assigned to the LGBT Liaison Unit.
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Colombia
Gay Venezuelan man who fled to Colombia uncertain about homeland’s future
Heberth Aguirre left Maracaibo in 2018
BOGOTÁ, Colombia — A gay Venezuelan man who has lived in Colombia since 2018 says he feels uncertain about his homeland’s future after the U.S. seized now former Venezuelan President Nicolás Maduro.
“On one hand I can feel happy, but on the other hand I feel very concerned,” Heberth Aguirre told the Washington Blade on Tuesday during an interview at a shopping mall in Bogotá, the Colombian capital.
Aguirre, 35, is from Maracaibo, Venezuela’s second-largest city that is the heart of the country’s oil industry.
He developed cultural and art initiatives for the Zulia State government.
“Little by little, I suddenly became involved in politics because, in a way, you had to be involved,” recalled Aguirre. “It was necessary to be involved because the regime often said so.”
“I basically felt like I was working for the citizens, but with this deeply ingrained rule we had to be on their side, on the side of the Maduro and (former President Hugo) Chávez regime,” he added.
Maduro in 2013 became Venezuela’s president after Chávez died.
“There are things I don’t support about the regime,” Aguirre told the Blade. “There are other things that were nice in theory, but it turned out that they didn’t work when we put them into practice.”
Aguirre noted the Maduro government implemented “a lot of laws.” He also said he and other LGBTQ Venezuelans didn’t “have any kind of guarantee for our lives in general.”
“That also exposed you in a way,” said Aguirre. “You felt somewhat protected by working with them (the government), but it wasn’t entirely true.”
Aguirre, 35, studied graphic design at the University of Zulia in Maracaibo. He said he eventually withdrew after soldiers, members of Venezuela’s Bolivarian National Guard, and police officers opened fire on students.
“That happened many times, to the point where I said I couldn’t keep risking my life,” Aguirre told the Blade. “It hurt me to see what was happening, and it hurt me to have lost my place at the university.”
Venezuela’s economic crisis and increased insecurity prompted Aguirre to leave the country in 2018. He entered Colombia at the Simón Bolívar Bridge near the city of Cúcuta in the country’s Norte de Santander Province.
“If you thought differently, they (the Venezuelan government) would come after you or make you disappear, and nobody would do anything about it,” said Aguirre in response to the Blade’s question about why he left Venezuela.
The Simón Bolívar Bridge on the Colombia-Venezuela border on May 14, 2019. (Washington Blade video by Michael K. Lavers)
Aguirre spoke with the Blade three days after American forces seized Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital, during an overnight operation.
The Venezuelan National Assembly on Sunday swore in Delcy Rodríguez, who was Maduro’s vice president, as the country’s acting president. Maduro and Flores on Monday pleaded not guilty to federal drug charges in New York.
President Donald Trump on Tuesday in a Truth Social post said Venezuela’s interim authorities “will be turning over between 30 and 50 million barrels of high quality, sanctioned oil, to the United States of America.”
“This oil will be sold at its market price, and that money will be controlled by me, as president of the United States of America, to ensure it is used to benefit the people of Venezuela and the United States,” wrote Trump.
Trump on Sunday suggested the U.S. will target Colombian President Gustavo, a former Bogotá mayor and senator who was once a member of the M-19 guerrilla movement that disbanded in the 1990s.
Petro has urged Colombians to take to the streets on Wednesday and “defend national sovereignty.” Claudia López, a former senator who would become the country’s first female and first lesbian president if she wins Colombia’s presidential election that will take place later this year, is among those who criticized Trump’s comments.
“Let’s be clear: Trump doesn’t care about the humanitarian aspect,” said Aguirre when the Blade asked him about Trump. “We can’t portray him as Venezuela’s savior.”
Meanwhile, Aguirre said his relatives in Maracaibo remain afraid of what will happen in the wake of Maduro’s ouster.
“My family is honestly keeping quiet,” he said. “They don’t post anything online. They don’t go out to participate in marches or celebrations.”
“Imagine them being at the epicenter, in the eye of the hurricane,” added Aguirre. “They are right in the middle of all the problems, so it’s perfectly understandable that they don’t want to say anything.”
‘I never in my life thought I would have to emigrate’
Aguirre has built a new life in Bogotá.
He founded Mesa Distrital LGBTIQ+ de Jóvenes y Estudiantes, a group that works with migrants from Venezuela and other countries and internally placed Colombians, during the COVID-19 pandemic. Aguirre told the Blade he launched the group “with the need to contribute to the general population, not just in Colombia.”
Aguirre met his husband, an American from California, at a Bogotá church in December 2020 during a Christmas event that SDA Kinship Colombia, an LGBTQ group, organized. A Utah judge virtually officiated their wedding on July 12, 2024.
“I love Colombia, I love Bogotá,” said Aguirre. “I love everything I’ve experienced because I feel it has helped me grow.”
He once again stressed he does not know what a post-Maduro Venezuela will look like.
“As a Venezuelan, I experienced the wonders of that country,” said Aguirre. “I never in my life thought I would have to emigrate.”
The Colombian government’s Permiso por Protección Temporal program allows Aguirre and other Venezuelans who have sought refuge in Colombia to live in the country for up to 10 years. Aguirre reiterated his love for Colombia, but he told the Blade that he would like to return to Venezuela and help rebuild the country.
“I wish this would be over in five years, that we could return to our country, that we could go back and even return with more skills acquired abroad,” Aguirre told the Blade. “Many of us received training. Many of us studied a lot. We connected with organizations that formed networks, which enriched us as individuals and as professionals.”
“Returning would be wonderful,” he added. “What we’ve built abroad will almost certainly serve to enrich the country.”
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