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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

D.C. Black Pride 2025: Events, parties, and empowerment

Annual Black LGBTQ culture, community, and resilience celebration starts Wednesday

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(Washington Blade photo by Michael Key)

Beginning on Wednesday, Washington will host a weekend-long celebration of melanated LGBTQ talent, power, and resilience with the return of D.C. Black Pride. From glamorous balls and dance parties to drag performances and more, the weekend offers something for everyone looking to celebrate Black queer existence.

The Washington Blade sat down with Keyna Hutton, president and CEO of the Center for Black Equity and organizer of D.C. Black Pride, to discuss the event’s current significance and the programming they are most excited about.

While the weekend may appear to be all about parties and celebration, Hutton emphasized that the heart of D.C. Black Pride lies in the connections it fosters.

“I always try to remind people that Black Pride is a safe space for communities, for people that don’t have these kinds of safe spaces where they live,” Hutton said. “People that live in some rural parts of the country, some very conservative spaces, they don’t have a space to be Black and queer. Many don’t have a space that they are able to be their full authentic selves. So Black Pride is that space. D.C. Black Pride creates that space for folks to be able to come to and just be free and live at all your intersections, to be glorified and be appreciated for who you are, as diverse as you are.”

They continued, pointing to the importance of this year’s theme — freedom — especially amid a political climate that remains hostile toward marginalized groups, particularly the transgender community.

“The real root of D.C. Black Pride is about creating a safe space and supporting community,” Hutton said. “If you think about what’s going on right now politically, it is even more important for us to maintain these spaces.”

Despite the external pressures facing the Black LGBTQ community, Hutton made clear that the weekend is also about celebration, especially for those traveling from near and far to be part of it.

“I am very excited for the Mr. & Miss D.C. Black Pride Pageant,” she said. “We have Ts Madison, Monroe Alise, Kerri Colby, Ben Garson, Anthony Oakes, Heather Mahogany, Apple Brown Betty. We have so many Black queer folks and queer allied people that are going to be here taking up space with us, loving up on us, entertaining us, all for free!”

For the first time this year, a free shuttle will run between the Capitol Hilton and official D.C. Black Pride events all weekend long, making it easier than ever to join in the celebration.

D.C. Black Pride party roundup

Weekend-long parties
Supreme Fantasy Weekend Party
All weekend long, the D.C. Black Pride party Supreme Fantasy will be in full swing beginning on May 22. With 12 events across five days, there’s something for everyone! From drinking and dancing to drag and so much more, this five-day celebration will keep the D.C. Black Pride party pumping through May 26. Tickets and additional information for this 21+ event are available at xavierpartydc.com.

Bliss Party Lineup
Celebrate being a Black LGBTQ woman with the Bliss party lineup! From brunches to dance parties to panels, Bliss has something for everyone. For tickets and additional information for this 21+ party series, visit eventbee.com.

Wednesday, May 21
Cocktails & Conversations
Join hundreds of Black queer women as they kick off D.C. Black Pride with a cocktail reception. Grab a drink and settle in at one of Washington’s swankiest cocktail bars, ZOOZ (636 Maine Ave. S.W.), at 7 p.m., and mingle before the weekend gets going. This is a 21+ event. For tickets and more information, visit BlissPride.com.

Thursday, May 22
Welcome to D.C. Happy Hour
Celebrate the beginning of D.C. Black Pride with drinks in the heart of the Dupont gayborhood! From 5-10 p.m. on the rooftop of Decades (1219 Connecticut Ave. N.W.), take in the spring weather and mix with other Black queer folks. For tickets and more information about this 21+ event, visit BlissPride.com.

Mr. & Miss D.C. Black Pride Pageant
Get ready for the ultimate showcase of Black excellence and pride with the Mr. & Miss D.C. Black Pride Pageant! The competition begins at 6 p.m. at the Capital Hilton (1001 16th St. N.W.), celebrating the history, beauty, and diversity of the DMV’s Black drag and entertainment scene. For tickets, visit Eventbrite.

D.C. Black Pride Unity Free Ball
Join the Capitol Ballroom Council for their 9th annual Unity Free Ball at the Capital Hilton (1001 16th St. N.W.). From 9 p.m. to 1 a.m., show off how you embody this year’s theme of “Freedom.” With over 50 categories, there’s something for everyone. Hosts Icon East Coast Father Duante’ Balenciaga, Legendary East Coast Mother Daijah West, Legendary Domo Alpha Omega, and Empress Angel Rose Garcon will ensure the night is unforgettable. For categories, prizes, and free tickets, visit dcblackpride.org.

The Pre-Pregame Act I
Pregame D.C. Black Pride with Daryl Wilson at The Ugly Mug (723 8th St. S.E.). Expect food, drinks, hookah, and more starting at 10 p.m. For tickets, visit dcblackpride.org.

Friday, May 23
Shoot Your Shot & Drink
Date. Dance. Collaborate! Join Lamont White and Tyrice Johnson for a special in-person LGBTQ+ dating experience at North Gate Grill (1001 16th St. N.W.). Tickets available at dcblackpride.org.

D.C. Black Pride Opening Reception
Kick off the 34th annual D.C. Black Pride with award-winning comedian Anthony Oakes as he hosts an evening of music, drag, and more. Queer icons including Ts Madison, Kerri Colby, and Monroe Alise will be in attendance. Festivities begin at 5 p.m. at the Capital Hilton (1001 16th St. N.W.). Free tickets are available at dcblackpride.org.

Host Hotel Welcome Reception
Start the weekend with a party hosted by Daryl Wilson Events at the Capital Hilton, the official host hotel. Beginning at 3 p.m., guests can pick up VIP passes, connect with other attendees, and get into the Pride spirit. More info at dcblackpride.org.

The Pastel Party
Celebrate Black queer womanhood at the Pastel Party at STRAND Nightclub (1400 I St. N.W.). Beginning at 10 p.m., this event offers a vibrant, affirming space. For tickets to this 21+ event, visit BlissPride.com.

Saturday, May 24
D.C. Black Pride Writers Forum
Join Black LGBTQ writers from across the country for a discussion on storytelling, publishing, and politics. Special guests, including Volo Akili (Dear Universe), will be featured. The event begins at 1 p.m. at the Capital Hilton. More info at dcblackpride.org.

Mary Bowman Poetry Slam
Celebrate Black queer voices at the Mary Bowman Poetry Slam at the Capital Hilton. Open mic registration starts at 5:30 p.m., with the show beginning at 6 p.m. Cash prizes will be awarded. More info at dcblackpride.org.

PURE BLISS – The Main Event
Dance the night away with other Black queer women at PURE BLISS, starting at 10 p.m. at Next Level (15 K St. N.E.). Enjoy music, drinks, and community. Tickets are $25 at BlissPride.com.

D.C. Black Pride White Party
Put on your best white outfit and party with the Black queer community at the iconic White Party. Rapper KHIA performs live at Echostage (2135 Queens Chapel Road N.E.), starting at 10 p.m. Tickets available at dcblackpride.org.

Meatloaf Saturday
Join over 5,000 Black queer men across three dance floors with four DJs, go-go dancers, and live performances. Meatloaf Saturday kicks off at 10 p.m. at Public Nightclub (1214 18th St. N.W.). Tickets at dcblackpride.org.

Sunday, May 25
Euphoria: D.C. Black Pride 2025 Closeout – The Finale
Close out Pride weekend with one last rooftop party at Twelve After Twelve (1212 18th St. N.W.) from 4-10 p.m. Celebrate with drinks, dancing, and community in Dupont Circle. Tickets are $15 at dcblackpride.org.

Wet Dreamz Mega Day Party
Join hundreds of Black LGBTQ people at one of the biggest events of the weekend — Wet Dreamz Mega Day Party — at The Bullpen @ Nats Stadium (1201 Half St. N.E.), starting at 5 p.m. Hosted by Daryl Wilson Events. Tickets available at dcblackpride.org.

Sunday Night Super Party
Four floors. Multiple DJs. One unforgettable night. Daryl Wilson’s Sunday Super Party at The Park (920 14th St. N.W.) begins at 10 p.m. and keeps going late. This 21+ event is free to attend. Details at dcblackpride.org.

Tuesday, May 27
WorldPride Black Queer Film Festival
Celebrate the art and impact of Black queer filmmakers with D.C. Black Pride and WorldPride at the three-day Black Queer Film Festival, kicking off at 6 p.m. at Howard University’s Blackburn Digital Auditorium (2397 6th St. N.W.). Free tickets available at dcblackpride.org.

In addition to these events, Thurst Lounge (2214 14th St. N.W.) — D.C.’s only Black-owned LGBTQ lounge — will host nightly celebrations of Black queer excellence. The weeklong celebration, Thurstnik Reloaded, runs from Wednesday through Memorial Day Monday. No cover charge, but a 21+ ID is required.

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Cuba

Cuban lawmakers to consider simplifying process for trans people to change IDs

National Assembly in July will reportedly debate proposal

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A transgender Pride flag flies over Mi Cayito, a beach east of Havana. (Washington Blade photo by Michael K. Lavers)

Cuban lawmakers are reportedly poised to consider a proposal that would allow transgender people to legally change the gender marker on their ID documents without surgery.

Cubadebate, a government-run website, on May 11 referenced the proposal in an article about an International Day Against Homophobia, Biphobia, and Transphobia march in Havana that the National Center for Sexual Education organized.

Mariela Castro, the daughter of former Cuban President Raúl Castro who spearheads LGBTQ issues on the island, is CENESEX’s director.

Cubadebate notes the National Assembly in July will consider an amendment to the country’s Civil Registry Law that “for the first time would allow citizens to determine the sex on their identification cards without the need for a court order or gender assignment surgery.”

Argentina, Uruguay, Germany, and Malta are among the countries that allow trans people to legally change their name and gender without surgery.

Cuba’s national health care system has offered free sex-reassignment surgery since 2008, but activists who are critical of Mariela Castro and CENESEX have said access to these procedures is limited. Mariela Castro, who is also a member of the National Assembly, in 2013 voted against a measure to add sexual orientation to Cuba’s labor code because it did not include gender identity.

The Cuban constitution bans discrimination based on sexual orientation and gender identity, among other factors. Authorities routinely harass and detain activists who publicly criticize the government.

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Maryland

Wes Moore signs HIV decriminalization bill

Md. law named after Carlton Smith

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Maryland Gov. Wes Moore speaks at the 2024 Democratic National Convention in Milwaukee. A bill that he signed on May 20, 2025, will decriminalize HIV in Maryland. (Washington Blade photo by Michael Key)

Maryland Gov. Wes Moore on Tuesday signed a bill that decriminalizes HIV in the state.

State Dels. Kris Fair (D-Frederick County) and Luke Clippinger (D-Baltimore City) are among the lawmakers who sponsored House Bill 39 or the Carlton R. Smith Act, which is named after the long-time activist known as the “mayor” of Baltimore’s Mount Vernon neighborhood who died in May 2024.

Smith was a member of the Coalition to Decriminalize HIV in Maryland that advocated for the bill. FreeState Justice, a statewide LGBTQ rights group, was also part of the coalition.

“At FreeState Justice, we are proud to stand with advocates, health experts, and lawmakers who worked diligently to advance this bill. The bipartisan support for the Carlton R. Smith Act is a testament to the power of education, research, and courageous leadership,” said FreeState Justice Executive Director Phillip Westry in a statement. “It sends a clear message: Maryland is committed to evidence-based policymaking and to ending the criminalization of people living with HIV. We honor the memory of Carlton R. Smith by continuing the work of building a more just, inclusive, and informed society.”

Maryland is the fifth state to decriminalize HIV.

North Dakota Gov. Kelly Armstrong, a Republican, in March signed a bill that decriminalized HIV in his state.

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