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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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Delaware

Del. AG Jennings seeks third term touting LGBTQ support, decline in crime

‘To discriminate against trans children is child abuse’

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Delaware Attorney General Kathy Jennings (Photo courtesy Jennings campaign)

(Editor’s note: This is the second of a two-part report on the race for Delaware attorney general. For last week’s interview with Democratic candidate Dwayne Bensing, visit washingtonblade.com.)

Delaware Attorney General Kathy Jennings spoke to the Washington Blade to discuss why she should be elected to a third term. 

Born and raised in Wilmington, Del., Jennings’ career in criminal prosecution spans decades. Prior to being sworn in as Delaware’s attorney general in 2019, Jennings worked as a prosecutor under the Delaware Department of Justice for years before being named Delaware State Prosecutor.

As a prosecutor, Jennings worked to convict the serial killer responsible for the murders of five women in New Castle County. This case was the first that DNA analysis was used as evidence in a Delaware court.  

“My focus for years has been reducing violent crime in our state, in particular gun violence. Over the course of my tenure, we have seen a dramatic drop in violent crime,” said Jennings. 

According to the Criminal Justice Council, under Jennings’s leadership in 2024, Delaware saw its lowest violent crime rate on record

“We are seeing violent crime going down to historic lows in the state of Delaware, and in particular in our largest city, the city of Wilmington,” said Jennings. 

At the end of 2023, homicides had decreased in Wilmington by more than 50% and shootings in Dover had declined by 23%. Additionally, the state’s prison population fell by nearly 25% since 2019 and the recidivism rates declined by 60%. 

Jennings explained “This job takes commitment, dedication, and lots of experience in the criminal justice system, because it’s our job to make sure that the criminal justice system is fair and equal to everyone.”

Within her efforts to reduce violent crime, Jennings said that she has especially focused on fighting gun violence. 

“I have made a priority in my administration to go after the gun lobby and to make sure that the state of Delaware has gun safety laws that are effective in reducing violent crime and that also are effective in protecting people, most especially our children,” she said.

“The No. 1 cause of death for children in our country are guns, and as long as that’s the case, my work is not done,” she added. 

Jennings said that she wants to protect children in particular from gun violence and that this fight remains a work in progress.

“We are beating the gun lobby in the legislature and in the courts, and we are seeing dramatic results in terms of reductions in gun violence that takes a lot of work that is ongoing,” said Jennings. 

Fighting the Trump administration remains an integral part of Jennings’s work as attorney general, as she has sued the Trump administration more than 40 times

“The Trump administration’s lawsuits could have cost Delaware almost a billion dollars in federal funds if we had succumbed to their extortionist threats, and we didn’t do that.” said Jennings. 

“We sued opioid manufacturers and distributors, getting $250 million to this state to fight addiction as a result of that. We will continue to do all the work that Delawareans expect us to do,” said Jennings. 

“We’re successful, and we’re going to continue to be successful,” Jennings said regarding her legal battles with the Trump administration.

In terms of support for the LGBTQ+ community, Jennings has previously sued HHS for discriminating against transgender Delawareans

Last summer, Jennings sent a letter to Nemours Children’s Hospital imploring them to reconsider its decision to stop providing gender-affirming care services to new transgender youth patients. Her primary opponent, Dwayne Bensing, criticized this letter for not being strong enough in protecting the trans community. 

The Blade asked Jennings about how she plans to continue to be an ally to the LGBTQ+ in a third term. She responded by saying: “We need to keep fighting to ensure that there are constitutional amendments that further protect children and protect marriage equality in our state, and we’re fighting to make sure those amendments are on the way.”

“To discriminate against trans children, in my mind, is child abuse. That’s what we’ve been fighting in the courts,” said Jennings. 

Jennings emphasized the importance of protecting LGBTQ+ youth by noting, “Our children deserve an environment where they are treated with compassion and equality.”

“It’s going to take a very strong attorney general who knows what she is doing to continue this fight,” said Jennings. 

The Blade also asked Jennings about her oversight of the restructuring of OpenAI. Originally founded as a nonprofit corporation in Delaware in 2015, OpenAI announced its goal to transition to a for profit corporation in May of 2025

“It is the duty of the attorney general to ensure that a corporation is fulfilling its charitable purpose,” said Jennings. “OpenAI’s charitable purpose is to use it to benefit all of humanity. That’s a big mission.”

Jennings worked closely with California Attorney General Rob Bonta to oversee OpenAI’s transition from nonprofit to for profit. 

“We got deeply involved in Open AI’s restructuring process to make sure the charitable corporation would be capitalized well to fulfill their mission of benefiting humanity and that they would prioritize safety. Those two goals were achieved.”

The restructuring process was approved by Jennings and Bonta in October of 2025. They appointed three independent directors to oversee OpenAI’s actions. “These three are independent directors who report to us several times a year,” said Jennings.

“We achieved a far superior result, because we are in the boardroom, we’re able to see what [OpenAI] is doing.”

“We have the full ability to go after OpenAI if they don’t fulfill our urges and we get the ability to oversee them on an ongoing regular basis,” said Jennings.

Jennings reiterated her desire to continue her work as attorney general: “These fights have to continue uninterrupted by people who know what they’re doing.”

“It is an honor and a privilege to have been voted in by Delawareans these last two terms, and I’m asking them to put me in again. I’m fighting hard,” said Jennings.  

The primary election for Delaware attorney general is Sept. 15. 

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Nepal

Nepalese Supreme Court issues landmark marriage equality ruling

Same-sex couples since 2023 allowed to marry under ‘temporary registration system’

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The Nepalese Supreme Court (Photo by TK Kurikawa/Bigstock)

The Nepalese Supreme Court on June 18 ruled the country must extend full marriage rights to same-sex couples.

The Supreme Court in 2023 ordered the country’s government to allow same-sex couples to temporarily register their marriages, but this recognition did not guarantee full marriage rights to gays and lesbians.

“Since the Supreme Court’s landmark 2023 decision, dozens of same-sex couples have legally married in Nepal under a temporary registration system,” said the Blue Diamond Society, a Nepalese LGBTQ advocacy group, in a June 19 press release. “However, the lack of national legislation has created uncertainty and fear for couples who want to register their marriage.”

“Many couples have been denied marriage licenses by local clerks who claim there is no national law instructing them to register marriages of same-sex couples,” further noted the Blue Diamond Society. “Other couples have been forced to file legal cases and endure costly legal battles simply to register their marriage. And even among couples who have registered their marriages, there is concern that their marriages may not be respected when it comes to adoption, inheritance, and other important protections they need to care for their families.”

Thailand and Taiwan are among the countries that have extended full marriage rights to same-sex couples.

The Japanese Supreme Court in March said it will consider six marriage equality lawsuits. The South Korean marriage equality movement in recent years has gained momentum with several court rulings that recognized same-sex relationships.

The Blue Diamond Society in its press release notes the June 18 decision is the fourth time the Supreme Court has ruled in favor of marriage equality.

“Today is a day of celebration for LGBTQIA+ people and families across Nepal,” said Blue Diamond Society Executive Director Manisha Dhakal. “The Supreme Court has once again affirmed that same-sex couples deserve the same dignity, respect, and legal protections as any other couple.”

“We are grateful for the court’s continued leadership,” added Dhakal. “With a newly elected government more committed than ever to equality, now is the time to complete this important work by updating Nepal’s civil code and ensuring marriage equality is fully and clearly protected in law.”

Dhakal in the press release said the Blue Diamond Society “looks forward to working constructively with the government of Nepal, lawmakers, and civil society partners to ensure the court’s vision of equality is fully realized.”

“The Supreme Court has spoken clearly,” Dhakal said. “The government has expressed its support for equality. We are encouraged by that commitment and urge Parliament to act swiftly so that every LGBTQIA+ couple in Nepal can access marriage with certainty, dignity, and respect. Nepal has already taken a historic step. Now it is time to finish the job.”

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District of Columbia

New report says LGBTQ young adults in D.C. facing affordability crisis

79 percent of respondents reported difficulty paying rent or mortgage

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The Capital Pride Festival on Pennsylvania Avenue on June 21, 2026. A new survey finds most LGBTQ young adults who live in D.C. are struggling to pay their rent or mortgage. (Washington Blade photo by Michael Key)

A newly released report on the findings of a survey of 304 LGBTQ young people aged 18-30 who live in D.C. shows as many as 79 percent of those surveyed report they are struggling to pay rent or a mortgage.

The report, entitled Out and Counted: 2026 LGBTQ+ Young People Community Survey Findings, also shows at least 80 percent of those surveyed “feel isolated often or some of the time” and their reported use of tobacco-nicotine products, alcohol, and marijuana was “significantly higher” than that of the general adult population.

“Nearly one third of respondents have considered leaving the District, driven by housing insecurity,” the report says.

The survey and report were prepared jointly by the D.C.-based Wanda Alston Foundation, which provides housing and other support services for at-risk and homeless LGBTQ youth, and the Los Angeles-based Loyola Marymount University’s LGBTQ+ Politics Research Initiative.

The report says the LGBTQ young people completed the detailed survey in March and April of 2026 “thanks to multiple outreach strategies, including paid digital ads, in-person outreach, and other communication channels.”

Cesar Toledo, executive director of the Wanda Alston Foundation, said the survey included as many as 80 questions and a number of local LGBTQ organizations helped in arranging for the young people to take the survey.

“These findings suggest the District’s LGBTQ+ young people are being pushed to the brink,” Toledo said in a statement released by the Alston Foundation. “They are working hard, yet hitting an affordability cliff, deepened by a loneliness paradox and alarming health-risk behaviors,” he said.

He added, “To ignore these findings is to accept a ‘Queer Flight’ that will displace our LGBTQ+ community and drain the very lavender economic engine that Wells Fargo once famously noted as a secret sauce to economic growth.”

Gabriel Magni, associate professor of political science and Director of the LGBTQ+ Politics Research Initiative at Loyola Marymount University, said in the statement that the survey finding indicate that LGBTQ young people can be priced out “traditional LGBTQ+ hubs” that have historically been important in advancing LGBTQ equality.

“These findings raise serious concerns regarding affordability and the mental health of LGBTQ+ youth in a city that has long welcomed the LGBTQ+ community,” he said in the statement.  

The report says about 41 percent of the survey respondents identified as gay, 17 percent as lesbian, 16 percent as bisexual, 14 percent as queer, 8 percent as pansexual, 1 percent as asexual, and 1 percent as demisexual.

The full report can be accessed here.

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