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New momentum for ENDA as Senate vote nears

Senate Dems united in support of legislation

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Mark Pryor, United States Senate, Democratic Party, Arkansas, gay news, Washington Blade
Employment Non-Discrimination Act, ENDA, gay news, Washington Blade, United States Senate

Now that Sen. Joe Manchin has said he’ll vote for ENDA, the entire Senate Democratic caucus is on board (Photos public domain).

In the days after Senate Majority Leader Harry Reid (D-Nev.) announced on Monday a floor vote would take place on the Employment Non-Discrimination Act before Thanksgiving, the Democratic caucus has become united on the bill, but some Republican senators are still undecided.

Following Reid’s announcement, the three Democratic holdouts — Sens. Bill Nelson (D-Fla.), Mark Pryor (D-Ark.) and Joe Manchin (D-W.Va.) — signaled they’d support the legislation as Sen. Rob Portman (R-Ohio) reportedly said he’s “inclined to support” the measure.

Meanwhile, Sen. Jeff Flake (R-Ariz.) expressed opposition to ENDA in its current form and Orrin Hatch (R-Utah) may be wavering following his support for the bill in committee.

Reid said during his routine weekly news conference on Tuesday that he feels “pretty good” about ENDA, but wasn’t more specific about the timing of the vote.

“I don’t know if we’ll do it next week but we’re going to do it this work period,” Reid said. “The lead Democrat on that has been [Sen.] Jeff Merkley of Oregon and he said earlier today he has 59 supporters. So, that’s pretty good. That’s counting a new senator on Thursday.”

The bill, which has languished in Congress in various versions since the 1970s, would prohibit businesses from discriminating against or firing workers for being LGBT.

Merkley, ENDA’s chief sponsor, was optimistic when speaking with the Washington Blade on Capitol Hill about whether he thinks the bill will pass the Senate.

“I think it will,” Merkley said. “There’s just a tremendous sense that this is an issue of fairness, an issue of equality under our Constitution, an issue of opportunity. If you don’t have a chance to have fairness in getting a job, you really don’t have a fair chance to live the American dream.”

Merkley wouldn’t predict the number of votes that ENDA will receive on the Senate floor and deferred details about the timing of the vote to Democratic leadership, but said “momentum continues to build.”

Following Nelson’s signal earlier Tuesday that he would become the 54th sponsor of ENDA, Pryor, in a development first reported by Arkansas Times, announced he’d vote for the legislation on the floor. Michael Teague, a Pryor spokesperson, confirmed to the Blade that Pryor “will vote ‘yes’ on ENDA.”

Tico Almeida, president of Freedom to Work, said Pryor’s support for ENDA is evidence that momentum for the legislation is “building fast.”

“We applaud him for standing up for basic fairness and predict that his decision will be supported by Arkansas business leaders from small to big,” Almeida said. “It helps that Wal-Mart, the state’s largest employer, has protected gay and lesbian workers from discrimination for nearly 10 years, and adopted workplace protections for transgender employees two years ago.”

The next day, Sen. Joe Manchin (D-W.Va.) signaled he’d also for vote ENDA. Asked whether he could confirm a tweet via the New York Times that the senator would vote for the bill, Jonathan Kott, a Manchin spokesperson, replied, “I can.”

Republicans hold differing views

Sen. Chuck Schumer (D-N.Y.), a senator known for his outreach to the LGBT community, was optimistic when speaking to the Blade about ENDA’s chances on the Senate floor.

“I think it has a very good chance of passing; I’m very positive about it,” Schumer said. “There are at least four Republicans who have either voted for it, or committed to voting for it, and five or six other who seem positive. I’m very optimistic.”

One Republican who may be in that column is Portman, who earlier this year after learning his son is gay. The Cincinnati Inquirer reported that Portman said Tuesday he’s “inclined to support” ENDA.

Caitlin Dunn, a Portman spokesperson, told the Blade afterward the Ohio Republican supports the basic premise of the legislation, but has concerns about “religious liberties.”

“Sen. Portman agrees with the underlying principle of ENDA and supports ending unjust discrimination based on one’s sexual orientation,” Portman said. “He doesn’t think one of his constituents should be able to be fired just because he or she is gay. The bill as it stands, however, is not perfect, and he continues to discuss his concerns with the bill’s sponsors and is exploring ways to strengthen the bill, including its religious liberties provisions.”

But other Republicans considered possible “yes” votes on ENDA don’t share the same view.

Flake, who voted for a gay-only version of ENDA without transgender protections as U.S. House member in 2007, told the Blade in response to how he’ll vote on the bill this time around, “If it’s the House version, I’ll vote for it, like I did then.”

When the Blade pointed out that the 2013 version of ENDA in the Senate is different from the 2007 version in the House, Flake replied, “If they don’t change it, I’ll vote ‘no.'”

Asked if it was the trans protections in the current version of ENDA to which he had objections, Flake replied, “Yeah. I have issues with that.”

Another Republican previously cited as a potential “yes” vote on ENDA, Sen. Pat Toomey (R-Pa.) told the Blade he hadn’t seen ENDA, nor would he say if he was leaning to vote one way or the other.

Sen. Marco Rubio (R-Fla.) had similarly said he hasn’t thoroughly examined ENDA when speaking with the Blade, but indicated some initial concerns about the legislation.

“I need to look at the bill,” Rubio said. “I just saw yesterday news reports that it might come up next week, so I’ll be studying it. I can just tell you my initial read on it. I have concerns about it that I’ll address at a later time.”

Sen. John McCain (R-Ariz.), identified by Freedom to Work as a potential ENDA supporter, was similarly non-committal about the legislation.

“I haven’t had a chance to examine it carefully,” McCain told the Blade. “I don’t know when it’s coming up to tell you the truth.”

The Washington Post reported last week that Cindy McCain, the senator’s wife, signed a postcard to her husband given to her by a Human Rights Campaign volunteer encouraging him to support ENDA.

McCain acknowledged he has received the postcard as he maintained he hasn’t yet taken a position on ENDA.

“My wife is — as most women are — a very independent thinker and is entitled to her views, and I respect those views — not only of my wife, but of my daughter and my sons,” McCain said.

Additionally, the two Republicans that joined Democrats on the Senate Health, Education, Labor & Pensions Committee in voting left the door open for them to vote “no” on the Senate floor when speaking with the Washington Blade.

Sen. Orrin Hatch (R-Utah), one of these Republicans, gave himself considerable latitude in reversing the “yes” vote that he delivered in committee on ENDA.

“I’m looking at it,” Hatch said. “I want to make sure I understand it fully before I make a decision.”

Sen. Lisa Murkowski (R-Alaska), the other Republican, also opened the door for her to vote “no” when asked if she’d vote on the floor for the bill she supported in committee.

“Obviously, we’re going to see what’s happening with amendments, but, yes, I was supportive of ENDA as it came out in committee, and I’m looking forward to seeing it on the floor,” Murkowski said.

Assuming these two Republicans continue their support for ENDA, the 54 sponsors of ENDA vote for it as well as Manchin and Pryor, the legislation now has the 59 votes that Reid cited during the news conference. That’s still one vote short of overcoming a filibuster.

Religious exemption draws concern

Meanwhile, concerns among some LGBT advocates persist over the religious exemption over fears the language is too broad and provides insufficient protection for LGBT people working at religious organizations.

The grassroots LGBT group GetEQUAL is petitioning Sens. Elizabeth Warren (D-Mass.), Al Franken (D-Minn.), Kirsten Gillibrand (D-N.Y.), and Sherrod Brown (D-Ohio) to speak out against ENDA’s broad religious exemptions on the floor of the Senate, touting more than 5,600 petition signatures.

Heather Cronk, managing director of GetEQUAL, said her organization doesn’t support ENDA with the current religious exemption in place.

“We don’t support the current version of ENDA specifically because the broad religious exemptions contained in the bill will set a really harmful precedent that discrimination against LGBT folks is acceptable if the person or institution discriminating simply claims religion,” Cronk said.

Currently, ENDA has a religious exemption that provides leeway for religious organizations, like churches or religious schools, to discriminate against LGBT employees. That same leeway isn’t found under Title VII of the Civil Rights Act of 1964, which prohibits religious organizations from discriminating on the basis of race, gender or national origin.

The lack of support for ENDA from GetEQUAL — as well as concern expressed by groups like the American Civil Liberties Union — recalls the discontinued support for ENDA in 2007 when the transgender protections were dropped before a House vote took place. Despite this concern, groups such as Freedom to Work and the Human Rights Campaign continue to support ENDA with its current religious exemption.

Merkley reiterated on Tuesday he’s happy with the current language, but noted there will be a debate process and opportunity for amendments on the Senate floor.

“I’m very satisfied with the religious exemption” Merkley said. “I’m sure there’ll be a variety of amendments put forward, but I think it strikes the right balance.”

According to sources familiar with the bill, Merkley rejected an ACLU proposal prior to ENDA’s introduction to limit the religious exemption.

One question is whether the White House is actively engaged in pushing lawmakers to support ENDA. On Monday, White House Press Secretary Jay Carney told the Blade that President Obama “will encourage continued movement” on ENDA, but wouldn’t go into details about legislative strategy.

Merkley said he hasn’t seen the White House or Obama engage in lobbying efforts on ENDA, but assumed that would take place at a later point in time.

“At this point, the conversation has been mostly within the Senate, but I’m sure they’ll have something to say about it before we’re done,” Merkley said.

Among the undecided senators claiming that he hasn’t heard from the White House is Toomey. Asked by the Blade whether Obama or the White House has reached out to him about the bill, Toomey said he hasn’t heard anything.

Even if the Senate approves ENDA, the more challenging obstacle is passage in the House, where Republican control will make progress significantly more challenging.

For his part, Schumer said the vote in the Senate will create momentum regardless of the fate of ENDA in the House.

“You never know,” Schumer said. “You build momentum in the Senate and it’s the right thing do. Remember what Martin Luther King said, ‘The arc of history is long, but it bends in the direction of justice.’ So, that’s what I say with the House of Representatives.”

UPDATE: This article has been updated in the aftermath of news that Sen. Joe Manchin (D-W.Va.) would sign on as an ENDA supporter.

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Virginia

Repealing marriage amendment among Va. House Democrats’ 2026 legislative priorities

Voters approved Marshall-Newman Amendment in 2006

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(Bigstock photo)

Democrats in the Virginia House of Delegates on Monday announced passage of a resolution that seeks to repeal a state constitutional amendment that defines marriage as between a man and a woman is among their 2026 legislative priorities.

State Del. Mark Sickles (D-Fairfax County) has introduced the resolution in the chamber. State Sen. Adam Ebbin (D-Alexandria) is the sponsor of an identical proposal in the state Senate.

Both men are gay.

Voters approved the Marshall-Newman Amendment in 2006.

Same-sex couples have been able to legally marry in Virginia since 2014. Republican Gov. Glenn Youngkin last year signed a bill that codified marriage equality in state law.

A resolution that seeks to repeal the Marshall-Newman Amendment passed in the General Assembly in 2021. The resolution passed again this year.

Two successive legislatures must approve the resolution before it can go to the ballot.

Democrats on Election Day increased their majority in the House of Delegates. Their three statewide candidates — Gov.-elect Abigail Spanberger, Lt. Gov.-elect Ghazala Hashmi, and Attorney General-elect Jay Jones — will take office in January.

“Virginians elected the largest House Democratic Majority in nearly four decades because they trust us to fight for them and deliver real results,” said House Speaker Don Scott (D-Portsmouth) on Monday in a press release that announced his party’s legislative priorities. “These first bills honor that trust. Our agenda is focused on lowering costs, lifting wages, expanding opportunity, protecting Virginians rights, and ensuring fair representation as Donald Trump pushes Republican legislatures across the country to manipulate congressional maps for partisan gain. House Democrats are ready to meet this moment and deliver the progress Virginians expect.”

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National

213 House members ask Speaker Johnson to condemn anti-trans rhetoric

Letter cites ‘demonizing and dehumanizing’ language

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Rep. Sarah McBride is the first signatory to the letter asking Speaker Johnson to condemn anti-trans rhetoric. (Washington Blade file photo by Michael Key)

The Congressional Equality Caucus has sent a letter urging Speaker of the House Mike Johnson to condemn the surge in anti-trans rhetoric coming from members of Congress.

The letter, signed by 213 members, criticizes Johnson for permitting some lawmakers to use “demonizing and dehumanizing” language directed at the transgender community.

The first signature on the letter is Rep. Sarah McBride of Delaware, the only transgender member of Congress.

It also includes signatures from Leader Hakeem Jeffries (NY-08), Democratic Whip Katherine Clark (MA-05), House Democratic Caucus Chair Pete Aguilar (CA-33), every member of the Congressional Equality Caucus, and members of every major House Democratic ideological caucus.

Some House Republicans have used slurs to address members of the transgender community during official business, including in committee hearings and on the House floor.

The House has strict rules governing proper language—rules the letter directly cites—while noting that no corrective action was taken by the Chair or Speaker Pro Tempore when these violations occurred.

The letter also calls out members of Congress—though none by name—for inappropriate comments, including calls to institutionalize all transgender people, references to transgender people as mentally ill, and false claims portraying them as inherently violent or as a national security threat.

Citing FBI data, the letter notes that 463 hate crime incidents were reported due to gender identity bias. It also references a 2023 Williams Institute report showing that transgender people are more than four times more likely than cisgender people to experience violent victimization, despite making up less than 2% of the U.S. population.

The letter ends with a renewed plea for Speaker Johnson to take appropriate measures to protect not only the trans member of Congress from harassment, but also transgender people across the country.

“We urge you to condemn the rise in dehumanizing rhetoric targeting the transgender community and to ensure members of your conference are abiding by rules of decorum and not using their platforms to demonize and scapegoat the transgender community, including by ensuring members are not using slurs to refer to the transgender community.”

The full letter, including the complete list of signatories, can be found at equality.house.gov. (https://equality.house.gov/sites/evo-subsites/equality.house.gov/files/evo-media-document/letter-to-speaker-johnson-on-anti-transgender-rhetoric-enforcing-rules-of-decorum.pdf

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District of Columbia

D.C. LGBTQ bars ‘hanging in there’ amid tough economy

Shakers to close; others struggling in wake of gov’t shutdown, rising prices

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Shakers this week announced it will close for good later this month. (Washington Blade file photo by Michael Key)

The owners of several of D.C.’s at least 24 LGBTQ bars, some of which also operate as restaurants or cafes, say they are being negatively impacted by the same forces impacting most other D.C. bars and restaurants at this time.

Among the lead issues impacting them have been the deployment by President Donald Trump of National Guard troops on city streets, the nearly two-month long federal government shutdown that just ended, and skyrocketing prices for food and other supplies brought about by the Trump administration’s controversial tariff program.

The Trump administration’s decision to lay off thousands of federal workers shortly after Trump took office in January also appears to have resulted in a decline in the number of people going out to restaurants and bars, including  LGBTQ restaurants and bars, according to some of the owners who spoke to the Washington Blade.

Observers of LGBTQ nightlife businesses have pointed out that although nationwide the number of LGBTQ or “gay bars” has declined significantly since 1980,  the number of LGBTQ bars in D.C. has increased from just six in 1980 to at least 24 so far in 2025.

If the popular Annie’s Paramount Steak House near Dupont Circle, Mr. Henry’s restaurant, bar and Jazz music performance site on Capitol Hill, and the Red Bear Brewing Company bar, restaurant and music performance site in Northeast near Capitol Hill – each of which have a mixed but large LGBTQ clientele  — are included in the D.C. gay bar list, the total number climbs to 27. 

As if that were not enough, yet another D.C. gay bar, Rush, was scheduled to open on Nov. 21 at 2001 14th Street, N.W. at the intersection of 14th and U streets, near the location of 10 other LGBTQ bars in the U Street nightlife corridor. That will bring the number of LGBTQ-identified bars to 28.

Among the first of the LGBTQ bar owners to publicly disclose the economic hardships impacting their establishment was David Perruzza, who owns the gay bar and café Pitchers and its adjoining lesbian bar A League of Her Own in the city’s Adams Morgan neighborhood.

In an Oct. 10 Facebook post, Perruzza said he was facing “probably the worst economy I have seen in a while and everyone in D.C. is dealing with the Trump drama.”

He added, “I have 47 people I am responsible for, and I don’t know how to survive in this climate. If I have ever sponsored you or your organization, now is the time to show the love. Not only for me but other bars. I went out tonight and it was depressing. If you want queer bars, we all need your help.”

Asked on Nov. 10 how things were going one month after he posted his Facebook message, Perruzza told the Blade business was still bad. 

“I’m not going to sugarcoat it,” he said. “Again, we’re busy. The bar’s busy, but people aren’t buying drinks.” He added, “No, they’re coming in and drinking water and dancing. They’re not buying drinks.” 

Like most of the city’s bars, including LGBTQ bars, Perruzza said he provides water jugs and plastic cups for patrons to access drinking water by themselves as needed or desired.

Jo McDaniel, co-owner of As You Are, an LGBTQ bar and café in the Barracks Row section of Capitol Hill at 500 8th Street, S.E., which has a large lesbian clientele, said she, too, was hit hard by the National Guard deployment. She said National Guard troops carrying guns began walking up and down 8th Street in front of As You Are around the last week in August and have continued to do so.

“And then from the 7th [of September] they went from pistols to rifles,” McDaniel said. “Nothing has happened. They’ve just been walking back and forth. But now they have big guns. It’s pretty terrifying.”

She noted that the National Guard presence and the other issues, including the federal shutdown, caused a sharp drop in business that prompted her and her partner to launch a GoFundMe appeal in August, a link to which was still on the As You Are website as of Nov. 16.

“We’re reaching out to you, our community, our allies, and those who believe in safe spaces for marginalized folks to help us get past this challenge so we can all ensure AYA’s survival and continued impact in D.C. and the community at large,” a message on the GoFundMe site says.

Freddie Lutz, owner of Freddie’s Beach Bar, the LGBTQ bar and restaurant in the Crystal City section of Arlington, Va., just outside D.C., said the federal shutdown, rising costs, and even the deployment of National Guard troops in D.C. appears to have had a negative impact on businesses across the river from D.C., including Freddie’s.

“Freddie’s is doing OK but not as good,” he said. “We’re down a little bit. Let’s  put it that way,” he added. “I just feel like with all the chaos going in this administration and everything that’s happening it’s like we just have to hang in there and everything will be alright eventually,” he told the Blade. 

“But business is down a little bit, and we can use the support of the community just like David Perruzza has been saying,” Lutz said. He said the drop in businesses for at least some of the LGBTQ bars may also be caused by the large and growing number of LGBTQ bars in D.C.

“There are a lot of new gay bars, which are also impacting the rest of us,” he said. “I’m all for it. I want to support them. But it is taking away from some of us, I think.”

Mickey Neighbors is the owner of Sinners and Saints, an LGBTQ bar at 2309 18th Street, N.W. in Adams Morgan located a few doors away from Pitchers and A League of Her Own. He said his business has mostly rebounded from a slowdown caused by the National Guard deployment. 

“At first, everyone was kind of scared,” he said. “But then it kind of blew over and there really aren’t that many other bars where the demographic people that come to mine really go to.” He described Sinners and Saints as catering to a younger “BIPOC” crowd, a term that refers to Black, Indigenous, and People of Color. 

“We had a downturn of business for a few weeks, but everything is back to normal,” he said. 

Stephen Rutgers, co-owner of the LGBTQ bar Crush located at 2007 14th Street, N.W., a few doors down from where the new bar Rush is about to open, said Crush like most other bars was impacted by the National Guard deployment. 

“Some bars are going to be fine,” he said. “We are trying to do some creative things to keep people coming in. But overall, everyone is seeing cutbacks, and I don’t think anyone is not seeing that,” he said. 

Rutgers said Crush, which in recent weeks has had large crowds on weekends, said he was hopeful that his and other LGBTQ bars would fully rebound when the federal shutdown ends, which occurred the second week in November.

Among other things, Rutgers said a decline in the number of tourists coming to D.C. in  response to the Trump administration’s policies has impacted all bars and restaurants, including LGBTQ bars. He said this, combined with the record number of LGBTQ bars now operating in D.C., is likely to result in fewer patrons going to at least some of them.

One of the D.C. LGBTQ bars that put in place a significant change in the way it operates in response to the developments impacting all bars is Spark Social House, a bar and café  located on 14th Street, N.W. next door to Crush. In the past week, Spark Social House announced it was ending its status as the city’s only LGBTQ bar that did not serve alcoholic beverages and instead sold a wide range of alcohol-free cocktails.

Owner Nick Tsusaju told the Blade he and his associates made the difficult assessment that under the current economic environment in D.C., which is impacting all bars and restaurants, Spark Social would need to offer both alcohol and non-alcoholic beverages

“You can imagine that if the bars that are selling alcohol are struggling, we are struggling just like other small businesses with the same issues,” he said. “And I think that introducing alcohol is not really an abdication of our values.”

He noted that beginning in December, after Spark Social obtains its liquor license, “we’re introducing a one for one menu where every cocktail comes in two options, booze and boozeless.”   

Ed Bailey, co-owner of the D.C. gay bars Trade and Number Nine located near the intersection of 14th and P Streets, N.W., told the Blade in September his two establishments were “ramping up for a busy fall after an unusual summer” impacted by the National Guard deployment.

 His predictions of a busy fall appear to have come about at least on weekend nights, including Halloween night, where there were long lines of Trade’s mostly gay male clientele waiting to get into the bar.

Stephen Thompson, a bartender at the Fireplace, a longtime gay bar located at 2161 P Street, N.W., near Dupont Circle, said the National Guard presence and other issues impacting other bars have not negatively impacted the Fireplace. 

“We are doing fine,” he said. “The National Guard has not hurt our business. The soldiers do walk by a few times a week, but we’ve been looking pretty good the last couple of months.”

One of the at least 10 LGBTQ bars in the U Street, N.W., entertainment corridor, Shakers, at 2014 9th Street, N.W., announced in a statement this week that it will close its doors on Nov. 23. 

“After many, many difficult discussions, we ultimately decided it is time for Shakers to close its doors,” says the statement posted by Shakers owners Justin Parker and Daniel Honeycutt. “While we are in so many ways saddened, we are also looking forward to spending a bit more time with our three-year old son,” the statement says.

It also announces that the nearby gay bar Kiki, located around the corner on U Street, will acquire use of the Shakers building and “keep the space dedicated to our LGBTQ+ community.”

In his own statement on social media, Kiki owner Keaton Fedak said, “To now have two LGBTQ+ bars at 9th & U under the Kiki umbrella is a true full-circle moment – rooted in friendship, history, and the community that continues to grow here.”

The owners of several other D.C. LGBTQ bars couldn’t immediately be reached for comment or declined to comment for this story.

Edward Grandis, a D.C. attorney who has worked with some of the D.C. LGBTQ bars, said the COVID pandemic, which led to the temporary shutdown of all bars and restaurants, appears to have had a lasting impact on LGBTQ bars long after the pandemic subsided.

Among other things, Grandis said he has observed that happy hour sessions at most bars, including LGBTQ bars, have not returned to the level of patronage seen prior to the COVID pandemic. He notes that happy hour times, usually in late afternoon or early evening during weekdays, where bars offer reduced price drinks and some offer free drinks to attract large numbers of patrons, have not been drawing the crowds they did in past years.  

“The COVID shutdown assisted the online social meeting sites,” Grandis said. “Bars were closed so guys turned to the internet for setting up parties and this has continued even though there are more bars,” he said in referring to the D.C. gay bars. According to Grandis, the gay men in the age range of their 20s and 30s appear to be the largest group that is no longer going to gay bars in large numbers compared to older generations. 

“So, I think the trend started before what the feds are doing,” he said in referring to the National Guard presence and the federal shutdown. “And I think what we are witnessing right now is just sort of like another obstacle that people in the gay and entertainment community need to figure out how to attract the 20-year-olds and young 30s back to the bars.” 

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