News
ENDA’s religious exemption still concerning as vote nears
Brown says religious exemption should be same for LGBT workers as other categories
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.”
Afghanistan
ICC issues arrest warrants for Taliban leaders over persecution of LGBTQ people, women
Groups ‘non-conforming’ with group’s gender policy targeted
The International Criminal Court on Tuesday issued arrest warrants for two top Taliban officials accused of targeting LGBTQ people, women, and others who defy the group’s strict gender norms.
The warrants are for Hibatullah Akhundzada, the Taliban’s supreme leader, and Afghanistan Chief Justice Abdul Hakim Haqqani.
“Based on evidence presented by the Office (of the Prosecutor), the judges found that there are reasonable grounds to believe that they have committed — by ordering, inducing, or soliciting — the crime against humanity of persecution, under article 7(1)(h) of the Rome Statute, on gender grounds, against girls, women, and other persons non-conforming with the Taliban’s policy on gender, gender identity or expression; and on political grounds against persons perceived as ‘allies of girls and women,’” reads an ICC press release that announced the warrants.
Karim Khan, the ICC’s chief prosecutor, in January announced a request for warrants against Taliban officials over their treatment of women and other groups since they regained control of Afghanistan in 2021. The request marked the first time the court specifically named LGBTQ people as victims in a gender persecution case before it.
“The issuance of the first arrest warrants in the situation in Afghanistan is an important vindication and acknowledgement of the rights of Afghan women and girls,” reads the press release the ICC released on Tuesday. “It also recognizes the rights and lived experiences of persons whom the Taliban perceived as not conforming with their ideological expectations of gender identity or expression, such as members of the LGBTQI+ community, and persons whom the Taliban perceived as allies of girls and women.”
A report that Outright International released in 2023 notes Taliban officials have systematically targeted LGBTQ people — especially gay men and transgender women.
Taliban officials have subjected them to physical and sexual assault as well as arbitrary detention. The Outright International report also notes Taliban authorities have carried out public floggings for alleged same-sex sexual relations, and have collected intelligence on LGBTQ activists and community members.
Artemis Akbary, executive director of the Afghanistan LGBTIQ Organization, praised the ICC.
“Today is a historic moment for LGBTIQ victims and survivors,” he said on social media.
District of Columbia
LGBTQ voters divided in Ward 8 special election
All four candidates on DC Council seat ballot are allies
Political observers, including LGBTQ activists, believe LGBTQ voters in Ward 8, like most if not all voters in the ward, are divided over which of the four candidates to support in the July 15 special election to fill the ward’s vacant D.C. Council seat.
Each of the four candidates, all of whom are Democrats, including ousted Ward 8 council member Trayon White, who is running to recapture his seat, have expressed support for LGBTQ related issues.
The special election was called earlier this year after the D.C. Council voted unanimously to expel White following his indictment and arrest by the FBI on a federal bribery charge in August 2024.
He has pleaded not guilty to the charge and under D.C. law he can legally run for and regain his council seat until the time he is convicted of the charge. His trial is scheduled to begin in January 2026.
The three candidates challenging White — Sheila Bunn, Mike Austin, and Salim Adofo — are longtime Ward 8 community advocates who have been involved in local government affairs for many years and, according to LGBTQ activists who know them, have been supportive of LGBTQ rights.
White also has a record of supporting LGBTQ issues while serving on the council since 2017. Following his indictment, he won re-election by a wide margin in the November 2024 general election against a lesser-known Republican opponent.
Political observers say White’s indictment on a bribery charge is likely to alienate some of his past supporters, but they say he remains popular in the ward, and with three candidates dividing the opposition vote he could win the election with less than 50 percent of the divided vote count.
Two of the candidates, Bunn and Adofo, responded to a request by the Washington Blade sent to each of the four candidates asking for a statement summarizing their positions on LGBTQ related issues. In their respective statements Bunn and Adofo expressed strong support on a wide range of LGBTQ issues.
“In my nearly 30 years of public service, I have consistently supported the rights and worked to improve the quality of life for the LGBTQIA+ community,” Bunn said in her statement. She noted that much of her work on behalf of LGBTQ rights took place when she served as chief of staff for D.C. Congressional Delegate Eleanor Holmes Norton and as a senior staff member for former D.C. Mayor Vincent Gray.
In his statement, Adofo said he advocated for a wide range of LGBTQ issues, including housing programs for homeless LGBTQ youth and supportive employment training programs for transgender residents.
“At the heart of our platform is a steadfast commitment to uplifting LGBTQ+ communities, ensuring that policy is shaped not just for them, but with them,” his statement says. Adofo’s positions in support of LGBTQ rights are also posted on his campaign website.
GLAA D.C, formerly known as the Gay and Lesbian Activists of Washington, released its ratings of three of the four candidates on June 22, based on its recent policy of basing its ratings mostly on non-LGBTQ specific issues. The group rates candidates on a scale of -10, the lowest possible rating, to +10, its highest rating.
It assigned a rating of +7.5 for Bunn, +6.5 for Austin, and +4.5 for Adofo. In a statement accompanying its ratings, GLAA said each of the three have a record of support on LGBTQ issues, but they lost rating points for not supporting non-LGBTQ related issues deemed important by GLAA.
GLAA said it did not issue a rating for White based on its policy of not rating candidates who are removed from office or resign due to allegations of ethics violations.
The Capital Stonewall Democrats, D.C.’s largest local LGBTQ political group, chose not to make an endorsement in the Ward 8 special election.
“We thought that this is best because this is a special election and in these unfamiliar times, we decided not to take a stand,” Howard Garrett, the group’s president, told the Blade.
Ward 8 gay Democratic activist Phil Pannell is supporting Adofo, he told the Blade, on grounds of Adofo’s strong support on LGBTQ issues and Adofo’s role as the only candidate in the Ward 8 special election who supported Initiative 83, the ballot measure passed by D.C. voters in November 2024 calling for a ranked choice voting system and open D.C. primaries. A lawsuit challenging the initiative filed by the D.C. Democratic Party has delayed its implementation.
Another longtime Ward 8 gay Democratic activist, David Meadows, is supporting Bunn. Meadows cites Bunn’s support for LGBTQ rights and her positions on other issues he supports as his reason for backing her candidacy.
The D.C. Board of Elections website shows that the board mailed ballots for the special election to all Ward 8 registered voters. The website shows that as of July 7, 2,483 voters sent back their ballots by mail or placed them in drop boxes located throughout the ward.
Early in-person voting at several polling places was scheduled to begin July 11, the website says, prior to the official election date of July 15 at all polling places throughout the ward.
Salim Adofo statement on LGBTQ issues:
Our campaign is rooted in the belief that everyone deserves to live with dignity, security, and opportunity. We are committed to building a safer, healthier, and more equitable District for all — where every voice is heard and every community is empowered. At the heart of our platform is a steadfast commitment to uplifting LGBTQ+ communities, ensuring that policy is shaped not just for them, but with them. We recognize that the fight for equity is interconnected, and we prioritize action in the areas that most deeply impact our residents’ daily lives. As [a] council member, I will advocate for healthcare for all, boost funding for HIV/AIDS, Hepatitis, STD, and TB Administration (HAHSTA) programs to address disparities in health outcomes.
• Expand access to care by exempting digital-only telehealth services from the Certificate of Need (CON) process and increasing funding through the Department of Behavioral Health (DBH).
• Build a culturally competent workforce by removing licensure barriers and expanding the pipeline of LGBTQ+ mental health providers.
• Employment and economic equity: sustain workforce development efforts like Project LEAP, a successful investment in economic empowerment for TGD residents.
• Foster public-private partnerships by requiring D.C. HR to work with labor unions and local employers to host trans-affirming job fairs.
• Fund community-led training by supporting programs developed by TGD organizations, modeled after California’s Transgender Economic Empowerment Initiative.
• Housing with dignity: every LGBTQ+ resident deserves stable, affirming, and permanent housing. End youth homelessness with a community-centered strategic plan focused on expanding permanent housing and wraparound services.
• Support inclusive housing by continuing funding for LGBTQ+ housing vouchers and senior housing initiatives.
• Safety and community support: create safe shelters by investing $2 million in a 20-bed LGBTQIA2S+ shelter for survivors of intimate partner violence and sexual assault.
• Empower community organizations with no-cost capacity-building support and streamlined access to D.C. grants for LGBTQ+-serving CBOs.
Sheila Bunn statement on LGBTQ issues:
In my nearly 30 years of public service, I have consistently supported the rights and worked to improve the quality of life for the LGBTQIA+ community.
As chief of staff to Congresswoman Eleanor Holmes Norton, I helped prevent Congress from overturning the District’s 2009 marriage equality bill and worked on removing congressional riders from the District’s budget that prohibited the expenditure of locally raised funds for our needle-exchange program, which has been pivotal in HIV/AIDS prevention.
As part of Mayor Vincent C. Gray’s senior staff, I assisted in launching the District’s transgender employment initiative under the Project Empowerment Program, increasing training and job opportunities for transgender residents. We also employed a member of the transgender cohort in the Mayor’s Office of Community Affairs after their tenure, demonstrating our commitment to the program. I facilitated efforts to end health insurance discrimination based on gender identity with DISB’s 2013 bulletin, ensuring coverage for services like mastectomies and hormone replacement therapy. Additionally, I helped to coordinate Mayor Gray’s first LGBTQIA+ Youth Town Hall to address the concerns of LGBTQIA+ youth and participated in cultural competency training to better support the District’s significant LGBTQIA+ population.
Currently, I am a member of the Capital Stonewall Democrats, actively engaging in Pride events and supporting LGBTQIA+ causes like the DC LGBTQ+ Community Center, a one-stop shop for services and programs with critical social service partners. Through direct outreach to organizations serving the LGBTQIA+ community, I aim to understand and represent their issues effectively. I look forward to collaborating with GLAA, Capital Stonewall Democrats, and other allied organizations to shape legislation and policies that benefit our LGBTQIA+ residents and all District residents.
El Salvador
#JusticiaParaKarla: una lucha por el derecho a la identidad en El Salvador
Karla Guevara inició su camino legal y personal en 2020
Cinco años han pasado desde que Karla Guevara inició un camino legal y personal para lograr que su nombre y género sean reconocidos en su Documento Único de Identidad (DUI). Cinco años de sentencias, apelaciones, puertas cerradas y vulneraciones que hoy se resumen en una sola palabra: resistencia.
En medio de un país que aún arrastra estructuras jurídicas y sociales poco sensibles a las realidades trans, Guevara se ha convertido en una voz visible. No solo por la denuncia pública de su caso, sino por su capacidad de transformar el dolor en acción: ha iniciado la campaña #JusticiaParaKarla, la cual acompaña con conversatorios llamados “Si tú fueras yo” en diferentes zonas del país.
Su historia se remonta al año 2018, cuando, junto a otras tres defensoras de derechos humanos —Mónica Hernández, Bianca Rodríguez y Verónica López— interpuso una demanda para lograr el cambio de nombre legal. La acción se inspiró en la Opinión Consultiva 24/17 de la Corte Interamericana de Derechos Humanos, que obligó a los Estados miembros de la OEA a garantizar los derechos de las personas trans, incluyendo el reconocimiento de su identidad.
A diferencia de sus compañeras, cuyo proceso fue resuelto favorablemente, Guevara fue la única a quien el Estado salvadoreño le negó el derecho, incluso tras contar con una sentencia favorable. El camino ha sido empinado, desgastante y doloroso, y ha implicado múltiples etapas legales con resoluciones contradictorias.
El 8 de enero de 2020, el juzgado declaró su demanda improponible. Guevara apeló el 22 de ese mismo mes, pero la Cámara de Familia desestimó su recurso. Aun así, perseveró. En abril de 2021 presentó una segunda apelación, y en septiembre se revocó la decisión del juzgado, ordenando admitir su demanda. Una pequeña luz parecía abrirse.
En agosto de 2022, después de varios peritajes que, según Guevara, incluyeron momentos donde se sintió expuesta y violentada, recibió una sentencia favorable: se autorizaba su cambio de nombre y género en la partida de nacimiento. Sin embargo, esta victoria fue parcial y breve. Aunque se ordenó marginar su partida, no se ordenó cancelarla como en otros casos similares.
El 4 de octubre de ese mismo año, la sentencia fue enviada al Registro del Estado Familiar. Pero la respuesta institucional fue sorprendente: el 3 de noviembre, la Alcaldía de San Salvador se negó a realizar el cambio. El jefe del registro y el registrador presentaron un amparo ante la Sala de lo Constitucional, paralizando el proceso.
“No solo me lo negaron, sino que ahora me exponen a un juicio aún mayor”, expresa Guevara. La frustración y la indignación fueron creciendo. En febrero de 2023, presentó una denuncia ante la Fiscalía General de la República, aunque lo hizo con poca esperanza. “Temía que no harían nada”, dijo. Y el 16 de abril de 2024, sus temores se confirmaron: la Fiscalía archivó el caso alegando que “no existe delito que perseguir”.
El 19 de noviembre de ese mismo año, Guevara decidió acudir a instancias internacionales y presentó su caso ante la Comisión Interamericana de Derechos Humanos. La CIDH ya notificó al Estado salvadoreño y le otorgó un plazo de cuatro meses para responder por qué no ha ejecutado el cambio ordenado por el juzgado.
“Obviamente no van a dar respuesta”, lamenta Guevara. Lo dice con la voz entrecortada, como quien ya ha llorado mucho, pero no ha perdido la voluntad de hablar. Reconoce que el proceso le ha afectado emocionalmente. “Cada vez que hablo de esto se me corta la voz”.
Las heridas no solo vienen de las oficinas estatales, sino también de las calles. Las miradas, los comentarios, el momento de presentar el DUI en cualquier trámite. “Es como si cada vez tuviera que explicar mi existencia. Es un juicio constante sobre quién soy”.
Guevara no está sola. Reconoce que hay otras personas trans en la misma situación. “Lo preocupante es que solo pasa en algunas zonas del país. En otras ha habido casos exitosos”, afirma. La disparidad en el trato revela una preocupante arbitrariedad institucional.
Uno de esos casos exitosos es el de Valeria Mejía, coordinadora de monitoreo y evaluación de ASPIDH. Su DUI ya refleja su nombre identitario, aunque no su género.
“Cuando recibí mi DUI con el nombre que me identifico pensé: aquí empieza una nueva vida”, relata.
Para Mejía, el cambio fue profundamente simbólico. “Uno ve pasar toda su vida frente a los ojos. Toda la discriminación, todos los rechazos. Sentí que algo sanaba”. A pesar de ello, su género asignado al nacer sigue apareciendo en el documento, lo que le genera inseguridad.
“El problema es que tengo que ir a todas las instituciones donde aparezco con mi nombre anterior. En el Seguro Social, por ejemplo, aún estoy registrada con el nombre masculino y no pueden atenderme, aunque el número del DUI sea el mismo”, explica.
Casos como los de Guevara y Mejía visibilizan una problemática estructural: el Estado salvadoreño no garantiza de forma uniforme el derecho a la identidad de las personas trans. Las resoluciones favorables son solo el primer paso. Su implementación efectiva aún tropieza con prejuicios, burocracia y omisiones.
Con la campaña #JusticiaParaKarla, la activista busca más que una solución a su caso personal. Busca generar conciencia, exigir coherencia legal y empujar una transformación cultural. En la marcha del 17 de mayo contra la LGBTIfobia, su presencia se hizo notar con camisetas, banners y mensajes que interpelan directamente al sistema.
Guevara ha hecho de su cuerpo, su voz y su historia una herramienta de resistencia. En cada conversatorio de “Si tú fueras yo”, invita a imaginar, a empatizar, a incomodarse.
“Lo que me pasa a mí le puede pasar a cualquier persona trans. Y si el Estado no nos reconoce, nos niega también la posibilidad de existir plenamente”, expresa.
Hoy, la resolución está en manos de la CIDH y el tiempo corre. La lucha de Guevara ya no es solo por una partida de nacimiento. Es por el derecho a ser, a vivir sin miedo, a que el nombre que la representa no siga siendo un motivo de juicio, burla o rechazo.
Mientras tanto, sigue esperando. Sigue alzando la voz. Sigue sembrando esperanza en quienes vienen detrás. Porque como ella misma dice: “Esto no se trata solo de mí. Se trata de justicia”.
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