News
New momentum for ENDA as Senate vote nears
Senate Dems united in support of legislation

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.
Maryland
Anne Arundel schools updates gender identity regulation following Trump administration threats
District facing federal lawsuit, White House threats over guidelines
By JESSICA CALEFATI | Under pressure from the Trump-Vance administration, Anne Arundel County Public Schools Supt. Mark Bedell announced Wednesday the district had updated a regulation intended to protect transgender students’ right to be called by their chosen name.
The revised language makes clear that district rules on gender identity do not block parents’ rights under the Family Educational Rights and Privacy Act as the federal government alleged last month, and that a student’s gender identity will not be treated as confidential medical information.
“No policy, guideline, or practice may limit or otherwise interfere with parental rights under FERPA,” Bedell wrote in a Wednesday letter to the community. “This includes any information maintained in education records that relates to gender identity, transgender status, sexual orientation, preferred name, or preferred pronouns.”
The rest of this article can be read on the Baltimore Banner’s website.
Netherlands
Thailand’s first openly gay senator attends World Pride in Amsterdam
Blade sat down with Pornchai Witayalerdpan on Aug. 7
Editor’s note: International News Editor Michael K. Lavers and Photo Editor Michael Key were on assignment in the Netherlands from July 28-Aug. 10.
AMSTERDAM — The first openly gay man elected to the Thai Senate says the law that extended marriage rights to same-sex couples in Thailand has positively impacted his country’s global image.
“It totally changed how the world perceived Thailand,” Sen. Pornchai Witayalerdpan told the Washington Blade on Aug. 7 during an interview at the World Pride Human Rights Conference in Amsterdam.
Thailand on Jan. 23, 2025, became the first country in Southeast Asia to allow same-sex couples to legally marry.
The marriage equality bill received final legislative approval in June 2024 when the Senate approved it by a 152-130 vote margin. King Maha Vajiralongkorn signed it a few months later. Then-Prime Minister Prime Minister Paetongtarn Shinawatra is among those who supported the law.
Witayalerdpan was a freelance interpreter before he took office in July 2024.
The independent senator noted Thailand’s marriage equality movement began to gain traction with a lawsuit that the Foundation for Sexual Orientation and Gender Identity Rights and Justice, a Thai advocacy group, filed.
The Constitutional Court in 2021 upheld a law that defined marriage as between a man and a woman. MP Tunyawaj Kamolwongwat of the Move Forward Party later introduced the marriage equality bill that became law.
“It was a coalition of efforts between the civil society organizations, the LGBTQ organizations, and also the Pride movement in Thailand,” Witayalerdpan told the Blade.
Taiwan in 2019 became the first country in Asia to extend marriage rights to same-sex couples.
The Nepalese Supreme Court in June issued a landmark ruling that ordered the country’s government to guarantee full marriage rights to same-sex couples.
The Japanese Supreme Court in March said it will consider six marriage equality lawsuits that have been filed in the country. The Indian Supreme Court in 2023 ruled against marriage rights for same-sex couples. South Korea is among the other Asian countries in which marriage equality efforts are gaining momentum.
Witayalerdpan said Thailand’s marriage equality law could have a direct impact in Japan, which is the only G7 country that does not legally recognize same-sex couples.
“It’s been nothing but a positive effect (in Thailand) after the same-sex marriage law (took effect),” he said.

InterPride, the organization that coordinates World Pride events, has announced Bangkok and Barcelona, Spain, are the two finalists to host the biennial event in 2030. (World Pride took place in D.C. in 2025.)
Witayalerdpan told the Blade that World Pride in Bangkok would further improve Thailand’s global image. He also said his fellow lawmakers, in turn, should pass LGBTQ rights bills — including proposals that would allow transgender people to legally change their name and gender and enable same-sex couples to have children via surrogates from in vitro fertilization. Witayalerdpan noted the most important bill to him is one that would strengthen Thailand’s LGBTQ-inclusive nondiscrimination law that took effect in 2015.
Impact of US funding cuts has ‘been very hard’
Witayalerdpan also offered advice to activists in the U.S. and elsewhere around the world.
“Keep on pushing forward,” he told the Blade. “I know that it’s hard for activists in Thailand as well.”
Witayalerdpan acknowledged the loss of U.S. government funding since the Trump-Vance administration took office — which has forced advocacy groups in Asia and elsewhere around the world to close — has “been very hard.” Witayalerdpan noted the global LGBTQ and intersex rights movement in response to these cuts has turned to the European Union, the U.K., Canada, and the Netherlands to help fill the gap.
“It’s very good that these countries are providing more funds to the activists in Asia than before because of the Trump situation,” he told the Blade. “It can increase their soft power as well.”
Witayalerdpan said American activists should “wish for a positive result in the mid-term elections.”
“Then there is some resistance,” he added.
Witayalerdpan specifically highlighted efforts to fight against the Trump-Vance administration’s efforts to restrict gender-affirming healthcare.
A federal court in Massachusetts on Aug. 15 struck down a key provision of a U.S. Department of Health and Human Service rule that would have limited access to gender-affirming care under the Affordable Care Act. Maryland and California are two of the 21 states that sued the Trump-Vance administration over the issue.
“You have to show more resistance … to show that we are still here and we will push back when we can,” said Witayalerdpan.
Pennsylvania
Philadelphia gayborhood preservation battle raises questions about displacement
Opponents of historic designations worry about new burdens on property owners
Philadelphia’s Washington Square West neighborhood — which is home to the city’s Gayborhood — was awarded a historic designation in 2024. While many LGBTQ+ Philadelphians were excited by news of preserving approximately 1,500 residences, religious spaces and business properties spanning the 26 included blocks, the designation was not celebrated by all.
Advocates, including the Washington Square West Civic Association and various LGBTQ+ residents, partly framed the designation as long-overdue recognition for the area’s LGBTQ+ culture and Black history — but opponents argued it would impose costly restrictions on property owners and limit new development. A group of property owners — which also includes LGBTQ+ people — took the city to court over the designation and successfully overturned the decision.
The judge cited a lack of substantial evidence as a leading cause for his decision despite the Philadelphia Historic Commission’s nearly 1,500-page nomination packet. Attorney Dan Auerbach, representing the residents who opposed the designation, told WHYY that the documents submitted didn’t explain why many of the properties hold historic significance. Just 173 properties were described as historically significant, he argued. However, 773 of 1,509 properties included in the boundary — more than half of the neighborhood’s properties — are already listed in the National Register of Historic Places.
In March, the judge’s ruling was vacated after an appeal — effectively forcing the process to start over. The historic designation stands in the meantime. The Preservation Alliance for Greater Philadelphia is now drafting its own brief — due May 18 — to support the city’s position, which the organization’s executive director Paul Steinke believes will elaborate on the merit of the designation as a supplement to the city’s arguments.
Scholars have found that Philadelphia’s local historic designation offers a more protective effect on buildings facing possible demolition than the national register. Because zoning and construction is overseen by local laws and leaders, local designations play a stronger role in preservation. But that doesn’t mean buildings with the designation are guaranteed to be preserved.
The outcome of this lawsuit could affect a major re-development project that would benefit the LGBTQ+ community but has been met with mixed feelings. William Way LGBT Community Center (WWCC), which is currently housed in a pre-Civil War era building that would be harder to demolish under the designation, is set to be leveled (along with a famous LGBTQ+ mural on its facade) to build a more accessible space for gatherings and queer-centered low-income housing units.
Steinke underlined that it’s possible for the project to move forward as-is. Historic designations do not prevent every demolition. There are standards in place that allow for demolition, which WWCC would need to meet for the project to be approved.
WWCC leaders would need to appear before the historical commission to seek a demolition permit before applying to the city, but that obstacle would be removed if the historic designation is overturned.
Historic designation is mostly used to preserve the character of buildings through recommendations about how owners can restore or maintain exterior facades. Steinke hopes WWCC will adjust its plans to maintain all or some of the most important historic elements of its current home (the facade, historic marble and wooden staircases, entryways and ballroom) rather than demolishing it all outright. He hasn’t lost hope, but he admits he hasn’t convinced anyone at WWCC to change the current plans.
It’s a project that seems to place competing interests in tension. There’s a need for housing — especially income-specific, LGBTQ+ centered projects — in that neighborhood. This, as Steinke hopes, could be pursued without demolishing much-loved cultural landmarks — but WWCC has emphasized that the price tag for pursuing its goals this way makes preservation out of reach.
The Washington Square West litigation is one of three active lawsuits pending against historic districts in Philadelphia. Six newer proposals are also currently in various stages of the nomination process — but if approved, they too could be contested and overturned.
A 2002 attempt to designate Spruce Hill was unsuccessful due to resident opposition that may have been fueled by politics. It was the third attempt to nominate the neighborhood. A case study published in 2023 by a University of Pennsylvania student about the matter found that the opponents feared increased maintenance costs, the loss of personal freedom and gentrification.
“Ironically, in the two decades since that campaign, Spruce Hill has become one of the most gentrified — and threatened — neighborhoods in the city of Philadelphia,” the study notes.
Residents also feared displacement. The case study underlines that residents who are displaced by gentrification tend to move to neighborhoods with lower property values, less access to resources, and fewer opportunities for upward economic mobility.
Following historic designation, the number of college-educated households in a community tends to increase while the poverty rate drops in contrast to its adjacent neighborhoods, which do not receive the designation. These and other factors contributing to economic mobility are visible on maps created by the Opportunity Atlas, a project of Harvard University which presents information collected by the census in an effort to tangibly discuss economic mobility in localities across the United States. It shows the same patterns in many of Philadelphia’s historic districts.
But the Washington Square West neighborhood outperformed the surrounding blocks even before the historic designation took effect — highlighting that the designations themselves may not always be the cause of disparities.
“It’s true that in most cases, historic districts aren’t the most affordable neighborhoods in any city — no matter where you go,” Steinke said. “That’s not the fault of the historic district.”
Historic districts tend to protect properties and neighborhoods that are historically, architecturally, or culturally significant — properties that already tend to be expensive.
For example, Steinke underlined that Rittenhouse Square was expensive before it was officially designated as historic — and some neighborhoods, like Graduate Hospital, have become pricey without the designation.
Historic preservation may actually promote some protective factors that act as a buffer against gentrification and rising rents, contradicting the most common fears. For instance, the designation makes it harder for developers to tear down smaller, older, more affordable homes or significant community hubs that sit on desirable land in order to build newer, larger, high-cost housing units in their place.
Many LGBTQ+ locals opposed the redevelopment of the Gayborhood’s former 12th Street Gym — which held cultural significance and a meaningful mural of queer activist Gloria Casarez. It was removed alongside a neighboring building of note for its connection to Black history. A luxury high-rise apartment complex now takes its place.
Residents of a working-class neighborhood in Durham, N.C. hoped they would stave off developers and prevent or slow gentrification by pursuing historic designation in 2016.
Steinke explained that this has happened in Philadelphia too.
The Parkside neighborhood, which is situated near the Please Touch Museum, has been a historic district for 15 years, Steinke explained. It was a low to moderate income, majority minority neighborhood when it was designated in 2009 and it still is today, he said. The same is true for West Diamond Street in North Philly, which was designated historic in the 1980s. It was a low to moderate income neighborhood then and has remained one today.
“Real estate prices are a factor of so many other things — proximity to work, public safety, access to schools, access to shopping and other amenities, transportation,” Steinke said. “That’s really what determines property values and neighborhood value.”
Those are also factors that have strong correlations with upward economic mobility.
Despite a poverty rate that is lower than it has been in decades, Opportunity Insights ranks Philadelphia as last among large metro areas for upward economic mobility — with some children experiencing even worse economic outcomes than their parents. It’s a problem Mayor Cherelle Parker has addressed with new initiatives she hopes will support young people who hope to break free from cycles of poverty.
The supplemental programs that offer economic support to historic homeowners in Durham might have helped its anti-gentrification efforts succeed.
Steinke said it’s true that some preservation-oriented maintenance costs may be higher upfront, but many of those options also last longer and could even cost less than cheaper fixes that must be repeated over time.
“One real weakness in Philadelphia is that there is no publicly available funding to help homeowners maintain their historic homes, and that’s something that we have talked about with city officials, with city council, with the mayor’s office,” he added. “There really needs to be a fund that homeowners can apply to if their property is designated historic — especially for low to moderate income homeowners.”
Although there isn’t a city fund or initiative to help offset maintenance costs for historic homeowners in Philadelphia, a few state and federal tax incentives could be helpful to some historically-designated property owners — including landlords and developers who might not otherwise pursue preservation.
“Not many property owners or homeowners have a lot of expertise about what’s best for a historic building to maintain its value and its appearance,” Steinke said. “So when historic districts are in place, you actually have access to experts who know the best practices and can share them with you and help you find solutions to the problems you’re trying to solve.”
The Preservation Alliance for Greater Philadelphia collaborated with the Washington Square West Civic Association to publish a manual that will be released in late spring or early summer. It will provide information about historic practices for windows, doorways, carpentry, masonry and roofs pertaining to the area’s buildings.
There’s been an increase in low-income households in Philadelphia’s historic districts and top earners are moving in at a slower rate than in neighborhoods in the rest of the city.
Racial diversity is shifting in there, too. Although these districts tend to have whiter populations, a report published by the Preservation Alliance shows that non-white homeownership in Philly’s historic districts has increased significantly since 2010. The number of non-white homeowners and Black and Hispanic residents is on the rise in these districts, even as diversity has slowed in other neighborhoods.
“We think [this report] shows that historic designation is not an obstacle to housing production or population growth,” Steinke said.
Steinke argues that the buildings in Washington Square West have economic value not only to those who own or utilize the buildings but to the city as a whole. They’re an economic engine — creating jobs and drawing tourists. Almost 6% of Philadelphia’s jobs are in historic districts, including nearly 10% of small business jobs, 13% of new jobs, and almost 17% of creative jobs.
The 250th anniversary of the United States will bring visitors hoping to immerse themselves in Philadelphia’s history. Visit Philly estimates the events could contribute up to $2.5 billion to the city’s economy.
Some funding is making its way to historic districts in preparation for the events by way of grants for programming and beautification projects. But that doesn’t make them an accessible place to do business.
Historic districts aren’t necessarily start-up friendly. Commercial rent tends to be higher there too — a frequent complaint among LGBTQ+ business owners who want to open brick-and-mortar locations in the Gayborhood but are priced out.
(This article was originally published by the Philadelphia Gay News and is part of a national initiative exploring how geography, policy, and local conditions influence access to opportunity. Find more stories at economicopportunitylab.com.)
