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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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Pennsylvania

Erica Deuso elected as Pa.’s first openly transgender mayor

‘History was made.’

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Erica Deuso (Photo courtesy of LPAC)

Erica Deuso will become the first openly transgender mayor in Pennsylvania.

Voters in Downingtown elected Deuso on Tuesday with 64 percent of the vote, according to the Philadelphia Inquirer. The Democrat ran against Republican Richard Bryant.

Deuso, 45, currently works at Johnson & Johnson and has lived in Downingtown since 2007. The mayor-elect is originally from Vermont and graduated from Drexel University.

Deuso released a statement following her election, noting that “history was made.”

“Voters chose hope, decency, and a vision of community where every neighbor matters,” Deuso stated. “I am deeply honored to be elected as Pennsylvania’s first openly transgender mayor, and I don’t take that responsibility lightly.”

According to a LGBTQ+ Victory Institute report released in June, the U.S. has seen a 12.5 percent increase in trans elected officials from 2024 to 2025. Still, Deuso’s campaign did not heavily focus on LGBTQ policy or her identity. She instead prioritized public safety, environmental resilience, and town infrastructure, according to Deuso’s campaign website.

Deuso has served on the boards of the Pennsylvania Equality Project, PFLAG West Chester/Chester County, and Emerge Pennsylvania, according to the LGBTQ+ Victory Fund. She is also an executive member of the Chester County Democratic Committee.

“This victory isn’t about one person, it’s about what happens when people come together to choose progress over fear. It’s about showing that leadership can be compassionate, practical, and focused on results. Now the real work begins, building a Downingtown that is safe, sustainable, and strong for everyone who calls it home,” Deuso said.

Downingtown has a population of more than 8,000 people and is a suburb of Philadelphia. The town’s current mayor, Democrat Phil Dague, did not seek a second term.

Janelle Perez, the executive director of LPAC, celebrated Deuso’s victory. The super PAC endorses LGBTQ women and nonbinary candidates with a commitment to women’s equality and social justice, including Deuso.

“Downingtown voters delivered a resounding message today, affirming that Erica represents the inclusive, forward-looking leadership their community deserves, while rejecting the transphobic rhetoric that has become far too common across the country,” Perez said. “Throughout her campaign, Erica demonstrated an unwavering commitment to her future constituents and the issues that matter most to them. LPAC is proud to have supported her from the beginning of this historic campaign, and we look forward to the positive impact she will have as mayor of Downingtown.”

Deuso will be sworn in as mayor on Jan. 7.

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U.S. Supreme Court

LGBTQ legal leaders to Supreme Court: ‘honor your president, protect our families’

Experts insist Kim Davis case lacks merit

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Protesters outside of the Supreme Court fly an inclusive Pride flag in December 2024. (Washington Blade Photo by Michael Key)

The U.S. Supreme Court considered hearing a case from Kim Davis on Friday that could change the legality of same-sex marriage in the United States.

Davis, best known as the former county clerk for Rowan County, Ky., who defied federal court orders by refusing to issue marriage licenses to same-sex couples — and later, to any couples at all — is back in the headlines this week as she once again attempts to get Obergefell v. Hodges overturned on a federal level.

She has tried to get the Supreme Court to overturn this case before — the first time was just weeks after the initial 2015 ruling — arguing that, in her official capacity as a county clerk, she should have the right to refuse same-sex marriage licenses based on her First Amendment rights. The court has emphatically said Davis, at least in her official capacity as a county clerk, does not have the right to act on behalf of the state while simultaneously following her personal religious beliefs.

The Washington Blade spoke with Karen Loewy, interim deputy legal director for litigation at Lambda Legal, the oldest and largest national legal organization advancing civil rights for the LGBTQ community and people living with HIV through litigation, education, and public policy, to discuss the realistic possibilities of the court taking this case, its potential implications, and what LGBTQ couples concerned about this can do now to protect themselves.

Loewy began by explaining how the court got to where it is today.

“So Kim Davis has petitioned the Supreme Court for review of essentially what was [a] damages award that the lower court had given to a couple that she refused a marriage license to in her capacity as a clerk on behalf of the state,” Loewy said, explaining Davis has tried (and failed) to get this same appeal going in the past. “This is not the first time that she has asked the court to weigh in on this case. This is her second bite at the apple at the U.S. Supreme Court, and in 2020, the last time that she did this, the court denied review.”

Davis’s entire argument rests on her belief that she has the ability to act both as a representative of the state and according to her personal religious convictions — something, Loewy said, no court has ever recognized as a legal right.

“She’s really claiming a religious, personal, religious exemption from her duties on behalf of the state, and that’s not a thing.”

That, Loewy explained, is ultimately a good thing for the sanctity of same-sex marriage.

“I think there’s a good reason to think that they will, yet again, say this is not an appropriate vehicle for the question and deny review.”

She also noted that public opinion on same-sex marriage remains overwhelmingly positive.

“The Respect for Marriage Act is a really important thing that has happened since Obergefell. This is a federal statute that mandates that marriages that were lawfully entered, wherever they were lawfully entered, get respect at the federal level and across state lines.”

“Public opinion around marriage has changed so dramatically … even at the state level, you’re not going to see the same immediate efforts to undermine marriages of same-sex couples that we might have a decade ago before Obergefell came down.”

A clear majority of U.S. adults — 65.8 percent — continue to support keeping the Obergefell v. Hodges decision in place, protecting the right to same-sex marriage. That support breaks down to 83 percent of liberals, 68 percent of moderates, and about half of conservatives saying they support marriage equality. These results align with other recent polling, including Gallup’s May 2025 estimate showing 68 percent support for same-sex marriage.

“Where we are now is quite different from where we were in terms of public opinion … opponents of marriage equality are loud, but they’re not numerous.”

Loewy also emphasized that even if, by some chance, something did happen to the right to marry, once a marriage is issued, it cannot be taken back.

“First, the Respect for Marriage Act is an important reason why people don’t need to panic,” she said. “Once you are married, you are married, there isn’t a way to sort of undo marriages that were lawfully licensed at the time.”

She continued, explaining that LGBTQ people might feel vulnerable right now as the current political climate becomes less welcoming, but there is hope — and the best way to respond is to move thoughtfully.

“I don’t have a crystal ball. I also can’t give any sort of specific advice. But what I would say is, you know, I understand people’s fear. Everything feels really vulnerable right now, and this administration’s attacks on the LGBTQ community make everybody feel vulnerable for really fair and real reasons. I think the practical likelihood of Obergefell being reversed at this moment in time is very low. You know, that doesn’t mean there aren’t other, you know, case vehicles out there to challenge the validity of Obergefell, but they’re not on the Supreme Court’s doorstep, and we will see how it all plays out for folks who feel particularly concerned and vulnerable.”

Loewy went on to say there are steps LGBTQ couples and families can take to safeguard their relationships, regardless of what the court decides. She recommended getting married (if that feels right for them) and utilizing available legal tools such as estate planning and relationship documentation.

“There are things, steps that they can take to protect their families — putting documentation in place and securing relationships between parents and children, doing estate planning, making sure that their relationship is recognized fully throughout their lives and their communities. Much of that is not different from the tools that folks have had at their disposal prior to the availability of marriage equality … But I think it behooves everyone to make sure they have an estate plan and they’ve taken those steps to secure their family relationships.”

“I think, to the extent that the panic is rising for folks, those are tools that they have at their disposal to try and make sure that their family and their relationships are as secure as possible,” she added.

When asked what people can do at the state and local level to protect these rights from being eroded, Loewy urged voters to support candidates and initiatives that codify same-sex marriage at smaller levels — which would make it more difficult, if not impossible, for a federal reversal of Obergefell to take effect.

“With regard to marriage equality … states can be doing … amend state constitutions, to remove any of the previous language that had been used to bar same-sex couples from marrying.”

Lambda Legal CEO Kevin Jennings echoed Loewy’s points in a statement regarding the possibility of Obergefell being overturned:

“In the United States, we can proudly say that marriage equality is the law,” he said via email. “As the Supreme Court discusses whether to take up for review a challenge to marriage equality, Lambda Legal urges the court to honor what millions of Americans already know as a fundamental truth and right: LGBTQ+ families are part of the nation’s fabric.

“LGBTQ+ families, including same-sex couples, are living in and contributing to every community in this country: building loving homes and small businesses, raising children, caring for pets and neighbors, and volunteering in their communities. The court took note of this reality in Obergefell v. Hodges, citing the ‘hundreds of thousands of children’ already being raised in ‘loving and nurturing homes’ led by same-sex couples. The vows that LGBTQ+ couples have taken in their weddings might have been a personal promise to each other. Still, the decision of the Supreme Court is an unbreakable promise affirming the simple truth that our Constitution guarantees equal treatment under the law to all, not just some.”

He noted the same things Loewy pointed out — namely that, at minimum, the particular avenue Davis is attempting to use to challenge same-sex marriage has no legal footing.

“Let’s be clear: There is no case here. Granting review in this case would unnecessarily open the door to harming families and undermine our rights. Lower courts have found that a government employee violates the law when she refuses to grant marriage licenses to same-sex couples as her job requires. There is no justifiable reason for the court to revisit settled law or destabilize families.”

He also addressed members of the LGBTQ community who might be feeling fearful at this moment:

“To our community, we say: this fight is not new. Our community has been fighting for decades for our right to love whom we love, to marry and to build our families. It was not quick, not easy, not linear. We have lived through scary and dark times before, endured many defeats, but we have persevered. When we persist, we prevail.”

And he issued a direct message to the court, urging justices to honor the Constitution over one person’s religious beliefs.

“To the court, we ask it to honor its own precedent, to honor the Constitution’s commands of individual liberty and equal protection under the law, and above all, to honor the reality of LGBTQ families — deeply rooted in every town and city in America. There is no reason to grant review in this case.”

Kenneth Gordon, a partner at Brinkley Morgan, a financial firm that works with individuals and couples, including same-sex partners, to meet their legal and financial goals, also emphasized the importance of not panicking and of using available documentation processes such as estate planning.

“From a purely legal standpoint, overturning Obergefell v. Hodges would present significant complications. While it is unlikely that existing same-sex marriages would be invalidated, particularly given the protections of the 2022 Respect for Marriage Act, states could regain the authority to limit or prohibit future marriage licenses to same-sex couples. That would create a patchwork of laws across the country, where a couple could be legally married in one state but not recognized as married if they moved to or even visited another state.

“The legal ripple effects could be substantial. Family law issues such as adoption, parental rights, inheritance, health care decision-making, and property division all rely on the legal status of marriage. Without uniform recognition, couples could face uncertainty in areas like custody determinations, enforcement of spousal rights in medical emergencies, or the ability to inherit from a spouse without additional legal steps.

“Courts generally strive for consistency, and creating divergent state rules on marriage recognition would reintroduce conflicts that Obergefell was intended to resolve. From a legal systems perspective, that inconsistency would invite years of litigation and impose significant personal and financial burdens on affected families.”

Finally, Human Rights Campaign President Kelley Robinson issued a statement about the possibility of the Supreme Court deciding to hear Davis’s appeal:

“Marriage equality isn’t just the law of the land — it’s woven into the fabric of American life,” said Robinson. “For more than a decade, millions of LGBTQ+ couples have gotten married, built families, and contributed to their communities. The American people overwhelmingly support that freedom. But Kim Davis and the anti-LGBTQ+ extremists backing her see a cynical opportunity to attack our families and re-litigate what’s already settled. The court should reject this paper-thin attempt to undermine marriage equality and the dignity of LGBTQ+ people.”

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U.S. Supreme Court

Supreme Court rules White House can implement anti-trans passport policy

ACLU, Lambda Legal filed lawsuits against directive.

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(Bigstock photo)

The U.S. Supreme Court on Thursday said the Trump-Vance administration can implement a policy that bans the State Department from issuing passports with “X” gender markers.

President Donald Trump once he took office signed an executive order that outlined the policy. A memo the Washington Blade obtained directed State Department personnel to “suspend any application where the applicant is seeking to change their sex marker from that defined in the executive order pending further guidance.”

The White House only recognizes two genders: male and female.

The American Civil Liberties Union in February filed a lawsuit against the passport directive on behalf of seven trans and nonbinary people.

A federal judge in Boston in April issued a preliminary junction against it. A three-judge panel on the 1st U.S. Circuit Court of Appeals in September ruled against the Trump-Vance administration’s motion to delay the move.

A federal judge in Maryland also ruled against the passport policy. (Lambda Legal filed the lawsuit on behalf of seven trans people.)

 “This is a heartbreaking setback for the freedom of all people to be themselves, and fuel on the fire the Trump administration is stoking against transgender people and their constitutional rights,” said Jon Davidson, senior counsel for the ACLU’s LGBTQ and HIV Project, in a statement. “Forcing transgender people to carry passports that out them against their will increases the risk that they will face harassment and violence and adds to the considerable barriers they already face in securing freedom, safety, and acceptance. We will continue to fight this policy and work for a future where no one is denied self-determination over their identity.”

Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor dissented.

The Supreme Court ruling is here.

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