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Reid sets up Senate vote Monday for ENDA

Advocates confident 60 votes are present to overcome filibuster

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Senate Majority Leader Harry Reid (D-Nev.) set up a Senate vote on ENDA for Monday (Blade file photo by Michael Key).

Senate Majority Leader Harry Reid (D-Nev.) set up a Senate vote on ENDA for Monday (Blade file photo by Michael Key).

Senate Majority Leader Harry Reid (D-Nev.) officially set up a Monday vote for the Employment Non-Discrimination Act by filing cloture for the bill on the Senate floor Thursday evening.

Reid made the announcement on the Senate floor with little fanfare before he moved on to other business and adjourned the Senate until Monday at 2 pm.

Faiz Shakir, a Reid spokesperson, estimated the cloture vote on ENDA will take place around 5:45 on Monday and a final vote will take place sometime on Wednesday.

By filing cloture on the bill, Reid starts for the time period for when cloture vote will take place to enable the bill to move to the floor. After filing for cloture, the vote will take place after an intervening day and one hour pass. For a successful vote on cloture, 60 votes are required in the Senate.

After cloture is invoked, up to 30 hours of debate can take place before a vote happens on final passage, which requires a simple majority. But the vote for final passage could take place sooner if both parties agree to give up the time.

Confidence persists there are at least 60 votes in the Senate to invoke cloture on ENDA. All 55 members of the Senate Democratic caucus support ENDA, and there are two Republican original co-sponsors: Susan Collins (R-Maine) and Mark Kirk (R-Ill.). Assuming the two Republicans who voted in committee for ENDA, Sens. Orrin Hatch (R-Utah) and Lisa Murkowski (R-Alaska), vote for cloture as well, only one more vote is required to move forward with ENDA.

Tico Almeida, president of Freedom to Work, expressed confidence in a statement sufficient votes are in place to pass ENDA.

“After months of lobbying and meetings with the overwhelming majority of Republican Senate offices, we’re confident we have the 60 votes to defeat any attempted filibuster,” Almeida said. “We’re keeping the pressure up with phone-banking in key states to help thousands of registered voters patch-through and urge Yes votes from key Senators in Arizona, Nevada, New Hampshire, Ohio, and Pennsylvania. It’s long past time the Senate approved LGBT workplace protections.”

During a taped interview on The Rachel Maddow Show that aired Wednesday, Reid expressed confidence there would be enough votes to invoke cloture on ENDA. Noting that all 55 Democrats are on board, Reid predicted “we’re going to get a least five Republicans” to reach 60 votes.

Other Republicans seen as possible “yes” votes on ENDA are Sens. Jeff Flake (R-Ariz.), John McCain (R-Ariz.), Dean Heller (R-Nev.), Kelly Ayotte (R-N.H.), Rob Portman (R-Ohio) and Pat Toomey (R-Pa.). However, Flake this week told the Blade he’s voting “no” because of the transgender protections in the current version of the bill.

The Human Rights Campaign, and the $2.5 million Americans for Workplace Opportunity campaign it helped organize, is also touting its action in anticipation of an ENDA vote.

According to HRC, 30 field organizers in New Hampshire, West Virginia, Ohio, Arizona, Arkansas, Nevada and Pennsylvania have generated over 200,000 constituent contacts in favor of ENDA. Additionally, grassroots organizers have held 150 events in these critical states generating over 108,000 emails, 78,000 postcards, 13,000 calls and 800 letters, HRC says.

But anti-gay forces are also being outspoken against ENDA as the vote approaches.

Tony Perkins, president of the Family Research Council, railed against the LGBT legislation in a statement, saying the bill “threatens the free market, undermines employers’ rights, and violates the free exercise of religion.”

“The vast majority of employers would not consider an employee’s sexual orientation relevant or even want to know about an employee’s sex life,” Perkins said. “However, ENDA would transform the workplace into an environment in which certain sexual lifestyles are given a special status by the federal government and religious expression is suppressed.”

The vote will be historic in many ways. It will the first time the either chamber of Congress has considered a version of ENDA that includes transgender workers. It’s also the first time the Senate has considered ENDA since 1996, when the legislation failed by one vote.

Amendments to ENDA are expected. Senate Health, Education, Labor & Pensions Committee Chair Tom Harkin (D-Iowa) told the Blade, “There’ll be some amendments, yeah.” Harkin added he doesn’t know what the nature of the amendments will be.

Sen. Jeff Merkley (D-Ore.), chief sponsor of ENDA, also expressed excitement over the possibility the Senate approving legislation to end job bias against LGBT workers.

“We have a chance next week to pass a landmark civil rights bill that will enshrine in law an issue of fundamental fairness: no one should be fired for their sexual orientation or gender identity,” Merkley said. “Discrimination is just plain wrong. Everyone should have the freedom to work hard and earn a living. I am pleased that the U.S. Senate will consider this fundamental issue of equality under the law.”

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Maryland

4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy

Substitute teacher Kimberly Polk challenged regulation in 2024

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(Photo by Sergei Gnatuk via Bigstock)

A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.

The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.

The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”

“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”

The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”

U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.

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District of Columbia

Norton hailed as champion of LGBTQ rights

D.C. congressional delegate to retire after 36 years in U.S. House

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Del. Eleanor Holmes Norton announced she will not seek re-election; her term ends January 2027. (Washington Blade file photo by Drew Brown)

LGBTQ rights advocates reflected on D.C. Congressional Del. Eleanor Holmes Norton’s longstanding advocacy and support for LGBTQ rights in Congress following her decision last month not to run for re-election this year. 

Upon completing her current term in office in January 2027, Norton, a Democrat, will have served 18 two-year terms and 36 years in her role as the city’s non-voting delegate to the U.S. House.

LGBTQ advocates have joined city officials and community leaders in describing Norton as a highly effective advocate for D.C. under the city’s limited representation in Congress where she could not vote on the House floor but stood out in her work on House committees and moving, powerful speeches on the House floor.

 “During her more than three decades in Congress, Eleanor Holmes Norton has been a champion for the District of Columbia and the LGBTQ+ community,” said David Stacy, vice president of government affairs for the Human Rights Campaign, the D.C.-based national LGBTQ advocacy organization.

“When Congress blocked implementation of D.C.’s domestic partnership registry, Norton led the fight to allow it to go into effect,” Stacey said. “When President Bush tried to ban marriage equality in every state and the District, Norton again stood up in opposition. And when Congress blocked HIV prevention efforts, Norton worked to end that interference in local control,” he said.

Del. Eleanor Holmes Norton (D-D.C.) (Washington Blade photo by Jeff Surprenant)

In reflecting the sentiment of many local and national LGBTQ advocates familiar with Norton’s work, Stacy added, “We have been lucky to have such an incredible champion. As her time in Congress comes to an end, we honor her extraordinary impact in the nation’s capital and beyond by standing together in pride and gratitude.”

Norton has been among the lead co-sponsors and outspoken supporters of LGBTQ rights legislation introduced in Congress since first taking office, including the currently pending Equality Act, which would ban employment discrimination based on sexual orientation and gender identity. 

Activists familiar with Norton’s work also point out that she has played a lead role in opposing and helping to defeat anti-LGBTQ legislation. In 2018, Norton helped lead an effort to defeat a bill called the First Amendment Defense Act introduced by U.S. Sen. Mike Lee (R-Utah), which Norton said included language that could “gut” D.C.’s Human Rights Act’s provisions banning LGBTQ discrimination.

Norton pointed to a provision in the bill not immediately noticed by LGBTQ rights organizations that would define D.C.’s local government as a federal government entity and allow potential discrimination against LGBTQ people based on a “sincerely held religious belief.”

“This bill is the latest outrageous Republican attack on the District, focusing particularly on our LGBT community and the District’s right to self-government,” Norton said shortly after the bill was introduced. “We will not allow Republicans to discriminate against the LGBT community under the guise of religious liberty,” she said. Records show supporters have not secured the votes to pass it in several congressional sessions.

In 2011, Norton was credited with lining up sufficient opposition to plans by some Republican lawmakers to attempt to overturn D.C.’s same-sex marriage law, that the Council passed and the mayor signed in 2010.   

In 2015, Norton also played a lead role opposing attempts by GOP members of  Congress to overturn another D.C. law protecting LGBTQ students at religious schools, including the city’s Catholic University, from discrimination such as the denial of providing meeting space for an LGBTQ organization.

More recently, in 2024 Norton again led efforts to defeat an attempt by Republican House members to amend the D.C. budget bill that Congress must pass to eliminate funding for the Mayor’s Office of LGBTQ Affairs and to prohibit the city from using its funds to enforce the D.C. Human Rights Act in cases of discrimination against transgender people.

“The Republican amendment that would prohibit funds from being used to enforce anti-LGBTQ+ discrimination regulations and the amendment to defund the Mayor’s Office of LGBTQ+ Affairs are disgraceful attempts, in themselves, to discriminate against D.C.’s LGBTQ+ community while denying D.C. residents the limited governance over their local affairs to which they are entitled,” Norton told the Washington Blade.

In addition to pushing for LGBTQ supportive laws and opposing anti-LGBTQ measures Norton has spoken out against anti-LGBTQ hate crimes and called on the office of the U.S. Attorney for D.C. in 2020 to more aggressively prosecute anti-LGBTQ hate crimes.

Del. Eleanor Holmes Norton marches in the 1995 AIDS Walk. (Washington Blade archive photo by Clint Steib)

“There is so much to be thankful for Eleanor Holmes Norton’s many years of service to all the citizens and residents of the District of Columbia,” said John Klenert, a member of the board of the LGBTQ Victory Fund. “Whether it was supporting its LGBTQ+ people for equal rights, HIV health issues, home rule protection, statehood for all 700,000 people, we could depend on her,” he said.

Ryan Bos, executive director of Capital Pride Alliance, the group that organizes D.C.’s annual LGBTQ Pride events, called Norton a “staunch” LGBTQ community ally and champion for LGBTQ supportive legislation in Congress.

“For decades, Congresswoman Norton has marched in the annual Capital Pride Parade, showing her pride and using her platform to bring voice and visibility in our fight to advance civil rights, end discrimination, and affirm the dignity of all LGBTQ+ people” Bos said. “We will be forever grateful for her ongoing advocacy and contributions to the LGBTQ+ movement.”

Howard Garrett, president of D.C.’s Capital Stonewall Democrats, called Norton a “consistent and principled advocate” for equality throughout her career. “She supported LGBTQ rights long before it was politically popular, advancing nondiscrimination protections and equal protection under the law,” he said.

“Eleanor was smart, tough, and did not suffer fools gladly,” said Rick Rosendall, former president of the D.C. Gay and Lesbian Activists Alliance. “But unlike many Democratic politicians a few decades ago who were not reliable on LGBTQ issues, she was always right there with us,” he said. “We didn’t have to explain our cause to her.”

Longtime D.C. gay Democratic activist Peter Rosenstein said he first met Norton when she served as chair of the New York City Human Rights Commission. “She got her start in the civil rights movement and has always been a brilliant advocate for equality,” Rosenstein said.

“She fought for women and for the LGBTQ community,” he said. “She always stood strong with us in all the battles the LGBTQ community had to fight in Congress. I have been honored to know her, thank her for her lifetime of service, and wish her only the best in a hard-earned retirement.”

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Virginia

Hashmi speaks at Equality Virginia Lobby Day

Lt. gov. is a vocal LGBTQ ally

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Virginia Lt. Gov. Ghazala Hashmi (YouTube screenshot)

Lieutenant Gov. Ghazala Hashmi on Monday opened Equality Virginia’s annual Lobby Day in Richmond.

The Lobby Day was held at Virginia’s Capitol and was open to the public by RSVP. The annual event is one of the ways that Equality Virginia urges its supporters to get involved. It also offers informational sessions and calls to action through social media.

Hashmi, a former state senator, has been open about her support for the LGBTQ community and other marginalized groups. Her current advisor is Equality Virginia Executive Director Narissa Rahaman, and the group endorsed her for lieutenant governor. 

Hashmi historically opposes anti-transgender legislation.

She opposed a 2022 bill that sought to take away opportunities from trans athletes.

One of the focuses of this year’s Lobby Day was protecting LGBTQ students. Another was protecting trans youth’s access to gender-affirming care.

Advocates spent their day in meetings and dialogues with state legislators and lawmakers about legislative priorities and concerns. 

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