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ENDA’s religious exemption still concerning as vote nears

Brown says religious exemption should be same for LGBT workers as other categories

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Sherrod Brown, Democratic Party, Ohio, gay news, Washington Blade, United States Senate
Sherrod Brown, Democratic Party, Ohio, gay news, Washington Blade, United States Senate

Sen. Sherrod Brown believes the religious exemption in employment discrimination law should be the same for LGBT workers as with other categories (D-Ohio) (Photo public domain).

Shortly after filing cloture on the Employment Non-Discrimination Act, Senate Majority Leader Harry Reid (D-Nev.) held a 30-minute conference call with Nevada LGBT leaders late Thursday in anticipation of the bill coming to the Senate floor this week.

Among those on the call was Derek Washington, lead organizer for the LGBT group GetEQUAL Nevada, who said he raised with Reid concerns about ENDA’s religious exemption.

That language would provide leeway for religious institutions, like churches or religious schools, to discriminate against LGBT workers in non-ministerial positions even if ENDA were to become law. It’s broader than similar exemptions under Title VII of the Civil Rights Act of 1964 for categories of race, gender, religion and national origin.

“I mentioned to him that it was something that just was not palatable,” Washington said. “I asked him what he felt about it, and he felt that the main thing to do was get the vote taken care of, and then deal with it later. As often times happens, you don’t get something perfect the first time around, you go back and fix it later, so that was basically his take on it.”

That account was corroborated by Faiz Shakir, a Reid spokesperson, who said the Democratic leader understands the concerns, but wants to get the bill passed first, then go back and address the exemptions.

“Sen. Reid’s first priority is to pass the strongest possible legislation which can garner 60 votes,” Shakir said. “He believes the current legislation meets that test.”

Washington was unfazed by Reid’s response that the religious exemption won’t see change before passage, insisting the Nevada Democrat is one of the greatest champions for the LGBT community, noting, among other things, he was the first elected official to endorse the National Equality March in 2009.

“I think it would a shame to write a story about any of this without mentioning that that man is a hero to us, and I don’t think people get that,” Washington said.

That symbolizes the situation with narrowing the broad religious exemption in ENDA before the Senate approves the bill. Despite concerns that it’s too expansive, the idea of limiting it at this time — such as the amendment process — isn’t getting a lot of traction either from LGBT advocates or lawmakers.

Instead, those with concerns over ENDA’s religious exemption have more modest aspirations: Get LGBT friendly lawmakers in the Senate to speak out against the language on the Senate floor.

Ian Thompson, legislative representative for the American Civil Liberties Union, is among those saying he’s not seeking an amendment to religious exemption on the Senate floor, but wants the provision addressed in some way.

“By doing that, it’s certainly our hope more and more pro-equality members of Congress and their staff will come to understand the potential harm of the current exemption, and I think we’ll see growing support for narrowing it moving forward,” Thompson said.

Thompson added he’s “definitely hopeful” that senators will speak out against the exemption of the floor, but declined to name any prospects for who would articulate concerns.

Heather Cronk, co-director of GetEQUAL, said her organization “didn’t anticipate” being able to change the religious exemption, but is looking for senators to speak out against the language.

“What we were hoping for for — which hasn’t happened yet because the senators haven’t gone to the floor yet — is for some of the more progressive senators to speak out from the floor against the religious exemption,” Cronk said. “So, we’ll wait and see what happens on the floor to see if we get those statements.”

GetEQUAL has petitioned four senators with a reputation for being champions of progressive values — Sens. Kirsten Gillibrand (D-N.Y.), Elizabeth Warren (D-Mass.), Sherrod Brown (D-Ohio) and Al Franken (D-Minn.) — to speak out against the religious exemption. As of Sunday, the petition has just under 6,000 signatures.

It remains to be seen whether any senator will speak out in favor of limiting the religious exemption when ENDA comes to the Senate floor this week. Of these four senators, the only office who responded to the Washington Blade’s request to comment on the extent of the religious exemption was that of Brown.

Meghan Dubyak, a Brown spokesperson, said the senator’s focus is passing is ENDA, although he shares the belief the religious exemption for LGBT discrimination should be the same it is for other categories.

“Sen. Brown’s top priority is overcoming a likely filibuster and ensuring passage of ENDA,” Dubyak said. “He believes the religious exemption in ENDA should be consistent with the federal law that currently protects people against discrimination.”

In July, Gillibrand said during a Third Way event that said she’d go even further and amend ENDA to remove the religious exemption. However, her staffers have apparently backtracked from that statement as they’re now mum on the issue.

For its part, the White House is staying out the argument over the religious exemption. Shin Inouye, a White House spokesperson, reiterated in an email weeks ago President Obama supports ENDA, but is leaving the details to Congress.

“We look forward to lawmakers moving forward on this bill that upholds America’s core values of fairness and equality,” Inouye said. “While we defer to Congress on the specifics of the legislation, we believe lawmakers will be able to find a balance that protects LGBT workers and religious liberty.”

Since the introduction of ENDA this year, the ACLU has called for narrowing the religious exemption along with groups like GetEQUAL, the National Center for Lesbian Rights, Lambda Legal and the Transgender Law Center, the National Gay & Lesbian Task Force.

On the other hand, groups working on like Freedom to Work, the Human Rights Campaign and the Center for American Progress have endorsed the current exemption in ENDA.

Tico Almeida, president of Freedom to Work, co-wrote the religious exemption currently found in ENDA while working as a House staffer in 2007. Neither he nor HRC responded to multiple requests to comment for this article.

Winnie Stachelberg, vice president of external affairs for the Center for American Progress, said the religious exemption is necessary to enable bipartisan support to move the bill forward.

“The current religious language reflects a bipartisan compromise that represents a pragmatic balance between ensuring that LGBT workers have the protections they need and organizations,” Stachelberg said. “While the religious exemption is broader than other civil rights statutes it will ensure that LGBT workers have the protections they need.”

If anything, the movement in the Senate on ENDA’s religious exemption this week may be more toward expanding it even further.

Sen. Rob Portman (R-Ohio), seen as a potential supporter of ENDA, has said he’s behind the basic premise of the legislation, but has concerns about restrictions on religious liberties and wants to strengthen the bill to ensure they’re protected.

Prior to the committee vote on ENDA in July, Sen. Rand Paul (R-Ky.) had prepared an amendment that would replace the bill’s religious exemption with more comprehensive language for religious employers. It was never brought up before the committee. Paul’s office didn’t respond to a request to comment on whether the senator would introduce the amendment on the Senate floor.

Concerns over the existing religious exemption were ramped up last month when Tippi McCullough, formerly a teacher for 15 years at Mount St. Mary Academy in Little Rock, Ark., was forced to resign after the school learned she had married her same-sex partner in New Mexico. Because the school is a religious institution, it would not be subject to liability under ENDA.

Thompson said the consequences of passing ENDA with its current exemption in place are hard to predict, but said it would be “a dramatic, and from our view, and very troubling expansion of an exemption like this in our federal civil rights law.”

“I think that it wouldn’t be too into the future before we saw instances of employment discrimination occurring against workers who should be protected from employment discrimination and may find out that because the scope of the existing religious exemption that they may not be,” Thompson said.

LGBT advocates who oppose the religious exemption chose their words carefully about whether they want to see ENDA passed this year with the current language — as opposed to letting it die in Congress so that it could be passed with a narrow exemption at a later time.

Thompson said the ACLU has been a “longtime champion of ENDA” because of the protections in the bill “are critically important and long overdue.”

“We’ve endorsed it, so that’s a position that we’ve taken,” Thompson said. “We have consistently, also though, raised concerns about the scope of the religious exemption and said that that is should be appropriately narrowed ultimately before it ends up on the president’s desk, and that’s our view, but at the same time because of the protections that it would afford to LGBT people are so important and so needed, we also support the bill.”

Cronk said GetEQUAL neither supports nor opposes the bill and believes “any time that that pro-LGBT legislation comes up in Congress, we want that legislation to move forward.”

“Our organizers didn’t feel good about organizing in support of the bill because there wasn’t that change to the religious exemption and because the grassroots network we work with feel the impact of that everyday,” Cronk said. “They work in hospitals in the closet, or they teach at schools where they’re in the closet, and they have a really clear sense about who would be left behind by this legislation, and didn’t feel that was in line with our vision.”

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District of Columbia

Blade editor to be inducted into D.C. Society of Professional Journalists Hall of Fame

Kevin Naff marks 24 years with publication this year

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Blade Editor Kevin Naff (Photo courtesy of Naff)

Longtime Washington Blade Editor Kevin Naff will be inducted into D.C.’s Society of Professional Journalists Hall of Fame in June, the group announced this week.

Hall of Fame honorees are chosen by the Society of Professional Journalists’ Washington, D.C., Pro Chapter. Naff and two other inductees — Seth Borenstein, a Washington-based national science writer for the AP and Cheryl W. Thompson, an award-winning correspondent for National Public Radio — will be celebrated at the chapter’s Dateline Awards dinner on Tuesday, June 9, at the National Press Club. The dinner’s emcee will be Kojo Nnamdi, host of WAMU radio’s weekly “Politics Hour.”

“I am tremendously honored by this recognition,” Naff said. “I have spent a lifetime in the D.C. area learning from so many talented journalists and am humbled to be considered in their company. Thank you to SPJ and to all the LGBTQ pioneers who came before me who made this possible.”

Naff joined the Blade in 2002 after years in print and digital journalism. He worked as a financial reporter for Reuters in New York before moving to Baltimore in 1996 to launch the Baltimore Sun’s website. He spent four years at the Sun before leaving for an internet startup and later joining the mobile data group at Verizon Wireless working on the first generation of mobile apps.

He then moved to the Blade and has served as the publication’s longest-tenured editor. In 2023, Naff published his first book, “How We Won the War for LGBTQ Equality — And How Our Enemies Could Take It All Away.”

Previous Hall of Fame inductees include luminaries in journalism like Wolf Blitzer, Benjamin Bradlee, Bob Woodward, Andrea Mitchell, and Edgar Allen Poe. The Blade’s senior news reporter Lou Chibbaro Jr. was inducted in 2015. 

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World

LGBTQ community plays integral role in autism advocacy

April 2 is World Autism Acceptance Day

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Autism rainbow infinity symbol (Image by Soodowoodo/Bigstock)

It was never meant to become something big.

When I say that I created the first pro-neurodiversity self-advocacy group in Russia and Ukraine, made by autistic people for autistic people, everyone imagines something grand. But it wasn’t. We had three blogs. One of them was updated every day at first, then every two days, with original translations of blog posts, personal stories, and studies about autism and neurodiversity, as well as articles written by our autistic followers.

We held a peer support group meeting once every two weeks, provided one-to-one peer support online, and sometimes offered legal and psychological advice. We also organized workshops for solicitors, psychologists, and social workers, took part in public protests, and distributed free materials.

But all of it was just me and volunteers that were coming and leaving. We had some donations, but we never had any grants while I was living in Russia, nor any sponsors. We have never had an office. The biggest support we received came from our subscribers, most of whom were queer, and from LGBTQ groups.

And here is the important part of the story: from the very beginning, we were LGBTQ-friendly, and queer people played a key role in the existence of my Autistic Initiative for Civil Rights.

Today, on World Autism Acceptance Day, I want to tell a story about how the autistic self-advocacy community in Russia, Ukraine, the U.S, Australia and the UK worked side by side with the LGBTQ movement — and how LGBTQ autistic people changed the pro-neurodiversity movement, using my personal journey and the story of one group as an example.

When I was 17, I started to realize that I might be autistic. There wasn’t much information about autism in my home city, Donetsk, in Ukraine — most post-Soviet psychiatrists believed that autism was a form of childhood schizophrenia, and my parents believed that my autistic behavior was the devil’s work. It wouldn’t be surprising to say they thought the same about my queerness.

So I started digging online, and from the very beginning, the work of three amazing queer autistic authors stood out to me.

Jim Sinclair, a pioneer of the modern pro-neurodiversity movement and the leader of one of the first autistic self-advocacy groups Autistic Network International, is an openly intersex person.

Ly Xīnzhèn Zhǎngsūn Brown is a queer, nonbinary transgender activist who developed an educational program about autism for police in the U.S. Like me, they grew up among intensely conservative and religious people and were interested in the Middle East and politics.

And finally, Julia Bascom, a lesbian woman, wrote the essay “Quiet Hands” about stimming, which deeply resonated with teenage me after my parents’ constant attempts to make my body language more “normal.”

These were people whose writing saved me from suicidal thoughts created by toxic ideas promoted in the Russian- and Ukrainian-language internet at the time — the idea that autistic people are a burden and would never be accepted as they are.

These amazing American queer autistics also made me question my own queerphobic thoughts. At the time, I was an extremely religious Christian, with severe OCD around prayer and a constant fear of going to hell. For the first time, I read statistics showing that autistic people are more likely to be queer. Actually, now we know that they are up to six times more likely to be trans and nearly three times more likely to be LGB. 

As a young person who had decided to make autism acceptance the work of my life, I began to think that maybe it wasn’t so frightening to be openly queer. After all, if I believed that God never made mistakes and that I was destined to be autistic, then perhaps some people were destined to be queer as well.

When Donetsk was occupied by pro-Russian forces in 2014, and my family moved to Russia (political consistency had never been their strong point), I moved in with my autistic best friend in St. Petersburg, who later became my wife.

And so, away from my abusive parents, my work in autism advocacy began. But it was autistic activists who helped me to realise that I’m queer and accept it.

LGBTQ activists were our first real supporters. My first public speech about autistic acceptance was at a Rainbow Tea meeting, a space for LGBTQ teenagers. Our autistic peer support group took place in LGBT community center, such as the Coming Out group in St. Petersburg (now recognized as an extremist organization), and the Deystvie community center.

The Alliance of Heterosexuals and LGBT for Equality was our main partner in organising autistic public actions and protests, contacting Russian liberal media, and, finally, I became one of the leaders of the first Russian LGBTQ-disability group, Queer Peace. It worked side by side with my autistic informational projects, organizing workshops and masterclasses for solicitors, psychologists, and LGBTQ group leaders to bring inclusion into LGBTQ services.

Meanwhile, autism initiatives led by non-autistic people and supporters of social Darwinism were often strongly homophobic or considered work with the LGBTQ community — or support for LGBTQ autistic people — to be “unbeneficial.”

Of course, even within Russian LGBTQ organizations, it wasn’t all inclusive. Many high-ranking LGBTQ leaders in Russia are still ableist, at least on an everyday level. But when LGBTQ community in the West began moving towards disability inclusion, post-Soviet countries followed that trend. 

More importantly, my LGBTQ-autistic projects were supported by other autistic queer people, including folks from Indigenous nations under Russian control, people from villages, and those from unsupportive families.

Autistic queer people in Ukraine soon started their own — often stronger — work in promoting neurodiversity and LGBTQ rights, both within LGBTQ communities and in wider society. In part, this was because they knew Ukrainian much better than I did. Although I understand Ukrainian and can use it, it has never been my mother tongue. 

Also, a Russian vlogger and autism support group leader, Jarry, a trans autistic person, began creating the first accessible video materials about autism, sharing many stories from the perspective of autistic AFAB people.

More and more autistic people in post-Soviet countries began to argue that autism is wrongly framed as a disorder, even if it can be a disability due to the misunderstanding and discrimination autistic people face — and queer people were ahead of this shift.

Finally, Bascom, the same American autistic lesbian who inspired me as a teenager and later the executive director of the Autistic Self-Advocacy Network, began mentoring our translation projects, including brochures and free books from English into Russian. The Autistic Women and Nonbinary Network, one of the most trans-inclusive and intersectional groups in the U.S., also showed us full support.

In Australia, Beinannon Lee, an autistic lesbian raising children with her wife, helped us share parenting advice for post-Soviet autistic parents and parents of autistic children. As part of the Autistic Family Collective, she opened new perspectives on homeschooling for neurodivergent families worldwide, while also showing that same-sex couples can be deeply supportive and respectful parents.

When I was stuck in Israel for four months while trying to obtain an American visa, the first organisation that supported my autistic initiative was an LGBTQ group in Tel Aviv that also supported Palestinian refugees and refugees from African countries. In the UK, Lesbian Asylum Support Sheffield was the first LGBTQ group I connected with — and the first to ask me to help with inclusion. Autistic UK, an autistic-led organization, was the first autistic group I worked with here and showed strong queer inclusivity.

And if you go to Trans Day of Remembrance events or trans protests in Sheffield, you will see just how many autistic activists are there.

In my 11 years of LGBTQ and autism activism, I have seen how much autistic and LGBTQ people have done for each other — and how those who are both queer and autistic continue to fight for their rights. It is something stronger than borders, stronger than any one country’s direction. Now, when politicians around the world are arguing against the rights of trans people to be themselves, attacking LGBTQ rights, and trying to dehumanize autistic people and take away our agency, we need to remember this — and stay together.

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The White House

Kristi Noem ‘devastated’ as husband’s alleged fetish spending surfaces

Former DHS head ‘blindsided’ by allegations

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Former DHS Secretary Kristi Noem (Washington Blade photo by Michael Key)

Former Department of Homeland Security Secretary Kristi Noem said she is “devastated” after reports alleged her husband paid large sums to fetish models and shared cross-dressing photos while married to her.

The Daily Mail first reported the story on March 31, accusing 56-year-old Bryon Noem — the former second gentleman of South Dakota and husband to the former DHS secretary — of exchanging hundreds of messages with three women in the “bimbofication” fetish scene. According to the report, he praised their surgically enhanced bodies and was asked to send them money though various online accounts during the 14 months his wife led the nation’s largest federal law enforcement agency.

He sent them at least $25,000 via Cash App and PayPal, according to the story, that also included photos reportedly show him wearing pink shorts and a flesh-colored top with balloons simulating breasts.

When the payments were delayed or failed to be sent, the women would get mad and ignore him, the story reads. At least one woman who didn’t receive money after texting Noem was so disgruntled she posted about his behavior on social media before later deleting it.

The allegations quickly went viral across social media and major news outlets. Representatives for Kristi Noem told the New York Post she was “devastated” and that her family was “blindsided” by the claims, while requesting privacy and prayers.

President Donald Trump, when asked by the Daily Mail, expressed surprise that the Noem family had confirmed the photos’ authenticity. 

“They confirmed it? Wow, well, I feel badly for the family if that’s the case, that’s too bad,” Trump told the outlet that broke the story. “I haven’t seen anything. I don’t know anything about it. That’s too bad, but I just know nothing about it.”

Kristi and Bryon Noem met in high school and married in 1992, according to the Daily Mail. They have two daughters, Kassidy, 31, and Kennedy, 29, and a son, Booker, 23.

The controversy comes after Noem’s recent removal from one of the highest-ranking positions in Trump’s Cabinet. Markwayne Mullin was sworn in as Homeland Security Secretary last week, though Noem remains part of the president’s team as special envoy to the Shield of the Americas, a U.S.-led regional security organization focused on coordinating efforts to combat organized crime, drug trafficking, and illegal migration throughout the Western Hemisphere.

Noem’s political career spans more than a decade across state and federal government jobs. She served in the South Dakota House of Representatives from 2007 to 2011, in the U.S. House of Representatives from 2011 to 2019, and as Governor of South Dakota from 2019 to 2025. 

She was confirmed as Secretary of Homeland Security during Trump’s second term, serving from 2025 until her removal following widespread backlash over escalating U.S. Immigration and Customs Enforcement operations, which included separating children from their families and two separate fatal shootings of U.S. citizens by ICE officers during protests. Trump reportedly decided to fire Noem from DHS after her congressional hearing related to the deaths, in which she stated that the president had approved a $200 million-plus government-funded DHS advertising campaign that prominently featured her.

The reports about her husband have also reignited speculation about Noem’s personal life, including rumors involving Trump supporting political operative Corey Lewandowski, described by some as the “worst-kept secret in D.C.” 

Some accounts suggest Bryon Noem was aware of the alleged relationship — and benefited from it. Political commentator Ryan James Girdusky fueled that speculation during an August 2025 episode of the It’s a Numbers Game podcast, citing what he described as “D.C. gossip” that a top Cabinet official — rumored to be Noem — had privately claimed her husband was gay.

“A reporter walked up to her and said, ‘Why are you having this affair? Why haven’t you met up with your husband? Why aren’t you divorcing your husband?’” Girdusky said on the podcast. “And she blurted out to this reporter, who I know, and said, ‘Oh, my husband’s gay.’”

Unlike the unverified claims surrounding her husband, Noem’s political record on LGBTQ issues is well documented. 

In 2024, while serving as governor, her administration canceled a contract with a community health worker organization, resulting in a $300,000 settlement with a transgender advocacy group. The contract had included a roughly $136,000 state-administered federal grant, of which about $39,000 had already been distributed, according to the group’s attorneys.

Noem also championed a series of policies restricting trans rights. She signed executive orders in 2021 barring transgender girls and women from competing on women’s sports teams at public schools and colleges in the state. In addition to using executive authority to enact these policies, she signed legislation into law. She enacted House Bill 1080, which bans age-appropriate, medically necessary health care for trans youth — despite widespread support for such care from major medical associations and global health authorities. 

Noem also supported legislation aimed at restricting trans athletes, though she ultimately vetoed one bill, citing potential legal challenges from the NCAA while maintaining support for its intent. Additionally, she signed a Religious Freedom Restoration Act that LGBTQ advocates say enables discrimination under the guise of protecting religious liberty.

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