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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

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U.S. Capitol, gay news, Washington Blade
U.S. Capitol, gay news, Washington Blade

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.”

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Rehoboth Beach

Rehoboth mayor calls for commissioner’s resignation after investigation into improper behavior 

Suzanne Goode ‘has violated her oath of office, disgraced position of commissioner’

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Rehoboth’s mayor has called on Commissioner Suzanne Goode to resign. (Photo courtesy of Goode)

Rehoboth Mayor Stan Mills called for the resignation of Commissioner Suzanne Goode, following release of an independent investigation into Goode’s behavior that led Mills to conclude she has violated her oath of office.

Over the past few months, city staff have complained about Commissioner Goode’s extensive and inappropriate communications with them. 

In June, Goode went to the house of a fellow commissioner in an attempt to settle a dispute she was having with his neighbor on the online platform NextDoor. Goode also has a history of using anti-LGBTQ language in various emails. 

“I believe we’ve come to the point where we can take the most severe action we can take at this time to end Commissioner Goode’s intentional lies and harassment,” said Mills. “This has never been about differences of opinions on issues, but rather about uncivil behavior.”

“Commissioner Goode has violated her oath of office and has disgraced the position of commissioner, and she should resign,” said Mills.

In late June, the city of Rehoboth hired Margaret DiBianca, an attorney who specializes in business and employment conflict resolution, to investigate allegations of harassment and inappropriate behavior by Goode toward city employees and fellow commissioners. 

DiBianca submitted the 17-page report on Aug. 12. On Aug. 21, a majority of the commissioners voted to release a redacted version of the report to the public. 

Before the vote, Commissioner Susan Stewart, who is set to be sworn in as mayor next month, said that releasing the report is necessary. 

“In most workplaces, the documented conduct would warrant her termination,” said Stewart. 

“Our laws provide no such path for an elected official. To simply move on would mean keeping this conduct secret, leaving the victims to shoulder the burden themselves without institutional support,” said Stewart. 

The investigation reported that Goode had sent nearly 2,000 emails to city employees since 2024 with more emails being sent almost daily. Only 90 emails from June and July were used in the scope of the investigation.

The report found that the emails contained “intentionally degrading and derogatory language, references to individuals’ family members, religion, and disabilities, as well as language hostile to the LGBTQIA+ community.”

The following emails were noted in the report as examples of ‘hostile’ language toward the LGBTQIA+ community: 

“On November 7, 2025, Cmr. Goode wrote to a constituent, “PS just curious – how does this alienate the ‘Queens’ in [the City] more than the non-queens in the sense how is it a LGBTQ issue? (Not everything in [the City] revolves around gays, right?).”

“On November 15, 2025, Cmr. Goode said to the Targeted Employees “conservatives now have to remain in the closet (conservatives now have to do what gays had to do in the 20th century – ah, the irony) who object to the woke, drag queen bent of [Clear Space Theatre] at times.”

“On December 29, 2025, Cmr. Goode wrote to a constituent, “straight white males like yourself and my husband might as well just shoot themselves. Pale, stale and male doesn’t cut it in this town, eh?”   

The report stated: “The volume of emails and the short intervals between communications sent by Goode reveal a pattern of conduct designed to intimidate, demean and harass rather than to advance legitimate city business.”

The report demonstrated multiple instances of Goode circumventing directives from Mayor Mills requiring her to cease inappropriate communications with city staff.  

The conclusion of the report found that Goode’s behavior “falls substantially and demonstrably outside the bounds of acceptable professional behavior expected of an elected official and public servant in violation of the City’s Civility Code and, in turn, constitutes a violation of the Ethics Code.”

“Cmr. Goode’s communications do not foster a “respectful, courteous, and professional work environment” and do not reflect the “dignity and respect” required by the Civility Code.”

The report outlined six recommendations for the city to follow to address Goode’s behavior. 

The recommendations included prohibiting Goode from contacting city employees and accessing administrative offices, and requiring Goode to undergo city-approved training on subjects such as respectful workplace behavior. 

At the Aug. 21 meeting, the Commissioners voted to adopt all six recommendations. 

During the meeting, Goode was given time to respond before the official release of the report. 

“When an investigation is an attorney up in Wilmington looking at emails, who never contacts me, obviously it is a one-sided investigation,” said Goode. “The investigative reporter never got my side of anything. I was never given the opportunity to defend myself.”

“In June, Commissioner Goode’s communication became even worse,” City Manager Taylour Tedder told the Blade this week. 

Tedder said that the volume of messages jumped to nearly 100 emails just in the month of June.

Tedder identified himself and City Solicitor Lisa Boren Ogdin. He said that each of them filed multiple complaints, with one of them being to the Human Resources director.

“With an elected official, there is no way to reprimand or punish them because they’re not an employee,” said Tedder.

Brooke Thaler, communications director for the city of Rehoboth, expressed her frustration with the city’s inability to take serious action against Goode.

“That’s just a bit mind-boggling that something like this can go on, and there’s nothing that can be done about it,” said Thaler. 

“The public put their trust in her when they elected her, and I don’t think that their intention was for her to so badly mistreat city staff,” Thaler told the Blade. 

“It’s highly doubtful that she will stop, but I think the fact that these protections are in place to at least insulate the employees from receiving it when she’s not in person is a good step,” said Tedder. 

Goode responded to the Blade’s request for comment by saying:

“Friday’s session was a kangaroo court and a blatant weaponization of FOIA. The entire report relies on systematic misrepresentation. Time and again, comments I shared from social media or resident outreach were falsely attributed directly to me.

“Without context, these claims are meaningless. As just one example, the city manager accuses me of using a vulgar word on a phone call—a word I do not use (p. 6, line 22). The investigating attorney never even contacted me, proving this process was never meant to be fair,” said Goode. 

“I will not validate or accept an investigation built on inaccurate claims.”

Goode has not announced plans to resign. 

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Maryland

Girlfriends charged with Silver Spring murder to go on trial in 2027

Prosecutors charged both women with killing mother of one of them

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From left, Vanessa Tjongarero-Henderson and Samantha Raebel (Photos courtesy of Montgomery County, Md.)

Two women identified as a couple who are charged with the May 22, 2026, murder of the mother one of them in her Silver Spring home and who were arrested three weeks later in Ohio are scheduled to go on trial for murder April 19, 2027.

According to online records filed with Montgomery County Circuit Court in Rockville, Vanessa Tjongarero-Henderson, 29, of Clarksburg, Md., and Samantha Raebel, 36, of Phoenix are being held without bond in the Montgomery County Correctional Facility until the time of their trial.

Statements from Montgomery County police show the two women were arrested June 10 in Genoa, Ohio, after fleeing from the scene of the murder in Silver Spring. Police statements and court records show they were extradited back to Maryland in July, where prosecutors with the Montgomery County State’s Attorney’s Office obtained indictments against them for murder.

Earlier statements from Montgomery County police say their investigation into the murder led to their decision to initially charge the two women with first-degree murder for the death of Hilde Henderson, 67, who was Tjongarero-Henderson’s mother.

“Through the course of the investigation, detectives identified Henderson’s daughter, Vanessa Tjongarero-Henderson, and Vanessa’s girlfriend, Raebel, as the suspects,” one of the police statements says. It says police obtained arrest warrants for both women and launched a nationwide search seeking help from the public in in locating them.

One of the police statements says an autopsy determined the cause of Hilde Henderson’s death was blunt-force trauma injuries brought about by a murder. Police and the State’s Attorney’s Office, which is prosecuting the case, have yet to disclose whether they have determined a motive for the murder.

Court records show that prior to the start of the April 19, 2027, trial a “motion” hearing was scheduled for Oct. 30, 2026, a pre-trail conference was scheduled for Feb. 12, 2027, and another motion hearing and a status hearing were scheduled for March 12, 2027.  

Court records also show that Tjongarero-Henderson is being represented by attorneys with the Montgomery County court system’s public defender service. The records show that Raebel initially had been represented by a public defender service attorney, but updated records show Aug. 14 is listed as the “removal date” for that attorney.    

The docket shows that on Aug. 20, two new attorneys with the prominent D.C. law firm of Covington & Burling made their official appearance as her attorneys in the murder case. One of them, Daniel Solomon, told the Washington Blade in response to an inquiry that the defense has no comment at this time on the case.

He confirmed that Covington & Burling is representing Raebel on a no-cost, pro bono bass.

The office of the Montgomery County public defender service didn’t immediately respond to a phone message from the Blade asking for a comment on the Tjongarero-Henderson case. 

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Delaware

Delaware fines Rehoboth bar $15,000 for discriminating against trans woman

Hideout told patron she had to use men’s room due to gender marker on driver’s license

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The Hideout bar on Route 1 in Rehoboth was fined $15,000. (Blade file photo)

The Delaware Human and Civil Rights Commission voted to fine Hideout Arcade Bar & Grille $15,000 last month due to a discrimination complaint filed by a trans woman over her use of the bathroom. 

Katie Sorber, a transgender woman, said that on April 5, 2023, she was stopped by employees and told she could only use the men’s bathroom due to the “male” gender marker on her driver’s license. This occurred after Sorber presented her ID upon entering the bar and ordering a drink. 

Sorber took to Facebook to complain about her experience at the bar after she was told to use the men’s bathroom. 

On April 12, 2023, Sorber returned to the Hideout but was barred from entering due to her post on social media. 

Following Sorber’s post, Bryan Derrickson, the owner of Hideout Arcade Bar & Grille, allegedly began enforcing a policy in which patrons had to use the bathroom that corresponded to the gender marker on their ID.

Derrickson was ordered to pay $10,000 to Sorber, $5,000 to the Special Administration Fund, as well as conduct anti-discrimination training with employees, remove the ban on Sorber from the establishment, and revise the bar’s bathroom policy. 

The commission ruled that the bar and Derrickson had wrongfully discriminated against Sorber on the basis of her gender. 

Derrickson’s explanations for the denial included safety concerns, a third-party patron complaint, and a reference to the health code. The panel found this to be inconsistent and lacking factual support upon cross-examination.

The case was evaluated under the Delaware Equal Accommodations Law, which explicitly prohibits discrimination and retaliation in places of public accommodation based on gender identity.

This was the second time that the bar has been fined for discriminating against a transgender woman. The bar received a $2,000 penalty in September of last year for denying a transgender woman entry in 2023

Half of the fine went to Kathy Carpenter Brown, the trans woman who experienced the discrimination. Brown is the founder of TransLiance, an LGBTQ+ advocacy group in Delaware. 

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