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HISTORIC: Senate votes to advance trans-inclusive ENDA

By vote of 61-30, senators start debate on pro-LGBT job bias bill

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Employment Non-Discrimination Act, United States Senate, gay news, Washington Blade, ENDA, Mark Pryor, Democratic Party, Joe Manchin
Employment Non-Discrimination Act, ENDA, gay news, Washington Blade

The U.S. Senate invoked cloture on the Employment Non-Discrimination Act. (Washington Blade file photo by Michael Key)

In another milestone moment in the pursuit of equal rights for LGBT Americans, the U.S. Senate voted by a narrow margin on Monday to bring to the floor the Employment Non-Discrimination Act.

By a vote of 61-30, senators invoked cloture on the legislation as Sen. Mazie Hirono (D-Hawaii) presided. The vote enables up to 30 hours of debate and amendments before a vote for final passage, which is expected Wednesday.

The 54 Democrats who voted for ENDA, whose chief sponsor is Sen. Jeff Merkley (D-Ore.), consisted of the Democrats who co-sponsored ENDA as well as Sens. Cory Booker (D-N.J.), Joe Manchin (D-W.Va.) and Mark Pryor (D-Ark.). Sen. Claire McCaskill (D-Mo.), an ENDA co-sponsor, didn’t vote.

On the Republican side, additional votes came from Sens. Kelly Ayotte (R-N.H.), Rob Portman (R-Ohio) and Pat Toomey (R-Pa.). Other votes came from Sens. Orrin Hatch (R-Utah), who voted for the bill in committee, and Sen. Dean Heller (R-Nev.), who articulated his support earlier in the day. Sen. Lisa Murkowski (R-Alaska), who also voted for ENDA in committee, didn’t vote.

Tammy Baldwin, gay news, Washington Blade, Employment Non-Discrimination Act, United States Senate, Democratic Party, Wisconsin

Sen. Tammy Baldwin (D-Wis.) addressed reporters following the vote. (Washington Blade photo by Michael Key)

Including the Republican original co-sponsors of ENDA — Sens. Susan Collins (R-Maine) and Mark Kirk (R-Ill.) — the bill had seven Republican votes. As he indicated he would, Sen. Jeff Flake (R-Ariz.) voted “no” after entering the Senate chamber following Sen. Tammy Baldwin (D-Wis.), apparently after a conversation with her.

As the vote took place, there were concerns there would be insufficient votes to invoke cloture on ENDA because of Murkowski’s absence, but Portman and Toomey, after intense conversations with colleagues, entered the Senate chamber just before the vote was called to vote “yes.”

The roll call of the vote for cloture on ENDA can be found here.

Prior to the vote, lawmakers who support the legislation spoke out in favor of the bill, touting it as a means of advancing equal opportunity and the “American Dream.”

Senate Majority Leader Harry Reid (D-Nev.) said ENDA is necessary because discriminating against gay workers is legal in 29 states and for being transgender in 33 states.

“The patchwork of state laws excludes tens of millions of Americans from basic protection against discrimination,” Reid said. “It is simply not good enough. It is [time to] pass a federal law that ensures all Americans regardless of where they live can go to work unafraid to be who they are. As long as hardworking, qualified Americans can be denied job opportunities, fired, or harassed because of their sexual orientation or gender identity, all workers are at risk.”

Sen. Tom Harkin (D-Iowa), chair of the Senate Health, Education, Labor & Pensions Committee from which the legislation originated, said passage of ENDA would say LGBT Americans “deserve the same civil rights protections as all other Americans.”

“We are here because, even though most Americans believe firing or refusing to hire someone based their sexual orientation is illegal, they are incorrect,” Harkin said. “The majority of Americans, more than 56 percent, live in states where it is perfectly legal to fire someone or to refuse to hire them because of who they are, a lesbian, gay, bisexual or transgender citizen.”

Amid concerns that the religious exemption is too broad and calls from some LGBT advocates for lawmakers to speak out against it, Harkin said the language is necessary to ensure bipartisan support.

“This is a compromise that has been hard for strong advocates of civil rights and civil liberties, including me, to accept,” Harkin said. “But it is an exemption that has helped to persuade some members of strong faith that ENDA should become law. I would point to my friend Sen. Hatch, who supported this bill in committee, as just one important example of senators who are satisfied that this exemption serves to reconcile the strictures of their faith with fundamental fairness in the workplace.”

Sen. Tammy Baldwin (D-Wis.), the only openly gay member of the Senate, said she understands some lawmakers may have political difficulties in supporting the legislation, but encouraged her colleagues to stand on the right side of history.

“I realize that for some, this is not an easy vote,” Baldwin said. “I understand that for some they may believe that it’s not good politics. But I want to say that I have a deep respect for those who choose to stand on the side of progress for our country this week. So for those that stand up this week and answer the call for courage, I can say with confidence your courage will be respected and remembered when this struggle is written.”

Sen. Mark Kirk (R-Ill.), a Republican and original co-sponsor of ENDA, spoke on the Senate floor for the first time in two years after suffering a stroke.

“I have been silent for the last two years due to a stroke a little under two years ago,” Kirk said. “I have risen to speak because I’m so passionate in enacting the ENDA statute.”

It’s the first time a version of ENDA with transgender protections has come to the floor of either chamber of Congress. In 2007, controversy ensued after gay former Rep. Barney Frank dropped the transgender provision from the bill over the concern an inclusive bill couldn’t be passed.

Mara Keisling, executive director of the National Center for Transgender Equality, said the cloture vote on ENDA is “an important step” toward ensuring workplace fairness for everyone, including transgender workers.

“Tonight’s procedural vote is an important step toward making sure our country gives every worker, including transgender workers, the same chance at having security at work and caring for the ones they love,” Keisling said. “The Employment Non-Discrimination Act does just that.”

It’s also the first time the Senate has considered ENDA since 1996, when the bill came to the floor as part of a deal to consider the Defense of Marriage Act and failed by one vote.

The cloture vote is also significant because the 60-vote threshold necessary to overcome a filibuster is higher than the simple majority needed for final passage. It means the legislation is almost certain win final approval in the Senate.

Amendments are expected in the coming days. After his “yes” vote on cloture, Portman announced he’ll introduce an amendment that would prevent retaliation against religious organizations and make changes to the introductory section that highlight and explain the importance of religious liberty.

White House Press Secretary Jay Carney praised lawmakers for voting for cloture on the legislation, saying President Obama welcomes the bipartisan support for the bill.

“He thanks the lawmakers from both sides of the aisle who have stood up for America’s core values of fairness and equality, and looks forward to the Senate’s consideration of ENDA,” Carney said. “He also encourages lawmakers to ensure that the legislation remains true to its goals as it is considered.”

LGBT advocates praised the vote on ENDA as a milestone moment in anticipation of additional debate that will take place in the days to come.

Chad Griffin, president of the Human Rights Campaign, said the cloture vote indicates the time has come for ENDA’s passage.

“Today we saw American democracy in action with the U.S. Senate finally following the will of a diverse and bipartisan collection of Americans calling for workplace fairness,” Griffin said. “With a super majority of Senators, more than 100 major American companies, and more than two-thirds of Americans all standing proudly in support of ENDA, there is tremendous momentum behind this common-sense bill. ENDA’s time has come, and we’re not going to stop fighting until it is passed once and for all.”

Tico Almeida, president of Freedom to Work, drew attention to the bipartisan support the legislation won on the Senate floor.

“The U.S. Senate has taken a historic step toward ensuring that gay and transgender Americans have the same workplace protections that give all Americans a fair shot to succeed on the job,” Almeida said. “Today’s strong bi-partisan vote total for the Employment Non-Discrimination Act reflects that majorities of Americans from both parties believe nobody should get fired or harassed just because of who they are or whom they love.”

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District of Columbia

Physician: addiction doesn’t always look the way you think it does

Yngvild Olsen headed HHS’s Center for Substance Abuse Treatment during Biden-Harris administration

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Dr. Yngvild Olsen (Photo courtesy of Olsen)

Many people think the telltale signs of drug addiction include sweating and vomiting. But a prominent addiction medicine physician says the best signals aren’t always so visible. 

Dr. Yngvild Olsen says more accurate signs come from the brain, specifically the compulsion to keep using drugs, including opioids, despite damage to education, career and relationships. 

While it may be harder to understand the true nature of drug addiction, it’s never been more important because of the increased fatality risk of even microscopic amounts of fentanyl, which can be found in many illegal drugs. 

Olsen, who headed the Center for Substance Abuse Treatment at the Department of Health and Human Services in the Biden-Harris administration, has worked in addiction treatment for more than two decades. She is now a healthcare advisor with the law and professional consulting firm Manatt, Phelps & Phillips and a physician at the Institute for Behavior Resources/Reach Health Services in Baltimore. 

Olsen met with Youthcast Media Group to discuss her career, the opioid epidemic and what to know about fentanyl. The physician, a graduate of Harvard Medical School and the John Hopkins Bloomberg School of Public Health, cited her field experiences as key in shaping her perspective on addiction treatment and recovery. This interview is edited for clarity and length. 

What made you believe this work in addiction treatment is important?

I had a couple of experiences really early on in my career that very significantly shaped my interest in addiction and addiction medicine, and my belief that I had a role, and that I could really help people get better from that disease. So the first was during the summer between my first and second year in medical school. I spent the summer on the Eagle Butte and Pine Ridge reservations in South Dakota and really saw firsthand just the devastating impact that substance use — in that case, alcohol — had on not only individuals, but their families and whole communities, and just how profound that impact had been for people who had lost their lives, who had lost family members, who had physically, emotionally and spiritually negative impacts of just feeling very hopeless and and trying to find solace in their substance use, particularly their alcohol use, and doing that without really finding it. I think that was really the lesson that experience taught me. 

What did you learn about treatment practices during your medical education? How was that helpful to your career?

When I was a resident in general primary care at Boston Medical Center, I was really fortunate to have a group of mentors who also were general internists, like I was training to be, who were very interested and focused on medical education and research in substance use. And so they modeled for me many of the interactions that we had with patients. I got to do a research study with one of them looking at smoking cessation among people with opiate use disorder, taking methadone. And really importantly, I got to spend a month with one of them at the Boston City Public Health Department’s Opioid Treatment Program, or what some people call a methadone clinic, because he was their medical director. I got to see people recover, and who had recovered, who had gotten their lives back together, gotten their families back together, had new families (or) businesses. It was unbelievably helpful to see that people could recover, that they did recover, and that I, as a physician, could be part of their treatment. I saw people get better, and recover, with medications like methadone and buprenorphine, and other services designed individually for them. That was really helpful and kind of a big eye-opening moment for me.

What factors contribute to addiction and why is it considered a complex disease?

People come into treatment for their addiction — or when they’re not in treatment, but are in an emergency department or on the street — with a lot of shame. They have a lot of shame about this disease that they have, that for so long, they were told, ‘Well, you know, you should just stop. Why can’t you just stop?’ Well, we know that addiction is a disease. It’s a complex disease that has lots of different factors related to it. So there’s a big genetic component that combines with environmental factors and other risk factors. For example, people have what’s called adverse childhood experiences. Some of these are if they grow up with lots of physical or sexual abuse or emotional abuse or have parents who are in jail. That’s really traumatic and so all those childhood experiences that increase stress are a big risk factor. 

What is the easiest opioid to get addicted to?

It used to be heroin. That was a big problem, particularly in the Northeast and other parts of the country. That shifted to prescription opioids, beginning around the year 2000. So for about 10 years, it was really prescription opioids that were a big problem — people misusing them. And then it switched back to heroin. And then in about 2015, fentanyl came on the scene, and that really changed the game, given just how unbelievably potent fentanyl is, so it doesn’t take a lot to cause an overdose. Now there are all those other synthetic opioids, like the orphines and nitazenes and all those combinations of other substances, but fentanyl is really what’s still kind of driving a really big part of the overdose crisis.

Do LGBTQ individuals face heightened challenges when battling addictions? How do addiction specialists like you account for those challenges?

We certainly know that the prevalence of overdose and the challenges of substances is higher in the LGBTQ+ community. Where I see patients, we did a big LGBTQ+ training and had a grant to specifically provide services to that population. Where we were located, in Baltimore City, there is a big transgender community not that far from us. Particularly in the LGBTQ+ population, they have multiple stigmas. So it just compounds multiple stressors. And stress is a risk factor for substance use, and particularly a risk factor for recurrence of a substance use disorder. And so when you have all these negative factors building up in people, that can make it that much more challenging for people to find the services that they find meaningful and that are welcoming and supportive of them. So we tried very hard — and we still do — to make sure that we are a welcoming and safe space, because I think it is that safety that is really paramount.

What advice would you give someone worried about a friend or family member’s substance use?

There are two things. One is: I would talk to that person about your concerns and how that person’s personality changes or their behavior changes when they’re using or in withdrawal, and how that might be impacting their health and how they’re feeling. And then second: you can let them know that there are actual treatments that are really helpful, that can make them feel better and that can help them get back to who they were before they started using. It’s important not to be accusatory because … [people] have a lot of shame already, and so when somebody starts accusing them, that shame just gets worse. And a lot of times, people who have a substance use disorder or are using opioids won’t necessarily agree that they have a problem when you first start to talk to them. But talk to them again every time something happens and say, ‘I’m really worried about you because this now has happened and I see it as being tied to your substance use.’ And let them know that there are people who can help and that they could actually feel a lot better.

This work is part of a partnership between the Washington Blade Foundation and Youthcast Media Group, funded in part through a FY26 Community Development Grant from the Office of D.C. Mayor Muriel Bowser. Adrian Malone is a senior at Bard High School Early College DC, one of Youthcast Media Group’s journalism class partners. Shreya Jyotishi, YMG assistant manager of content and programming, is a former Washington Blade intern and 2026 graduate of American University.

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Afghanistan

ICC unseals arrest warrants for Taliban officials accused of persecuting LGBTQ people, women

‘For LGBTIQ+ people, this matters enormously’

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The International Criminal Court in The Hague, Netherlands. (Washington Blade photo by Michael K. Lavers)

The International Criminal Court this week unsealed arrest warrants for four Taliban officials in Afghanistan accused of targeting LGBTQ people, women, and others who defy the group’s strict gender norms.

The warrants the ICC unsealed on Oct. 5 are for Hibatullah Akhundzada, the Taliban’s supreme leader, and Chief Justice Abdul Hakim Haqqani. The ICC also unsealed warrants for Education Minister Habibullah Agda and Higher Education Minister Neda Mohammad Nadim.

The ICC last year announced warrants for Akhundzada and Haqqani, as the Washington Blade previously reported.

“In the warrants of arrest, the (Pre-Trial) Chamber (II), in line with current developments in international law, found that the definition of ‘gender’ in the Rome Statute necessitates an interpretation that goes beyond a purely biological conception of sex,” reads the ICC’s Oct. 5 announcement. “It considered that it requires acknowledging the socially constructed roles, behaviors, expectations, and hierarchies traditionally associated with individuals on the basis of their sex. The Chamber considered that these societal constructs, commonly referred to as ‘gender norms,’ form part of the contextual lens through which acts amounting to gender-based persecution under article 7(1)(h) must be assessed.”

“It found that there are reasonable grounds to believe that the four suspects are criminally responsible for having ordered, induced or solicited 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,’” it adds. “These crimes are believed to have been committed on the territory of Afghanistan since the Taliban seized power on Aug. 15, 2021, and have continued until at least Jan. 20, 2025.”

The Rome Statute established the ICC, which is in the Dutch city of The Hague, in 2002 after 60 countries ratified it.

The U.S. is among the countries that do not recognize the ICC. Secretary of State Marco Rubio on Friday announced U.S. sanctions against the ICC, which he described as a “rogue court.”

Then-ICC Chief Prosecutor Karim Khan in January 2025 announced a request for warrants against Taliban officials over their treatment of women and other groups since they regained control of Afghanistan in 2021. It marked the first time the ICC specifically named LGBTQ people as victims in a gender persecution case before it.

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, on Oct. 5 described the additional arrest warrants as “huge.”

“For LGBTIQ+ people, this matters enormously,” he said. “It strengthens the understanding that gender persecution can also capture persecution based on non-conformity with imposed gender roles, identities, and expressions.”

“This is an important development for accountability in Afghanistan, and potentially far beyond it,” added Akbary.

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District of Columbia

Bet Mishpachah participates in D.C. Oct. 7 commemoration ceremony

Wednesday marked three years since Hamas attacked Israel

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Bet Mishpachah Executive Director Joshua Maxey speaks at an Oct. 7 commemoration ceremony at Washington Hebrew Congregation in D.C. on Oct. 7, 2026. (Photo courtesy of Joshua Maxey)

Bet Mishpachah Executive Director Joshua Maxey on Wednesday was among those who spoke at a ceremony in D.C. that marked the third anniversary of the Oct. 7 attack in Israel.

The Jewish Federation of Greater Washington hosted the ceremony that took place at the Washington Hebrew Congregation in Northwest D.C. Bet Mishpachah is the city’s LGBTQ synagogue.

“It was a deeply moving evening, especially hearing the stories of people who knew those who were murdered and those who survived and experiencing music that gave a voice to grief and hope,” Maxey told the Washington Blade.

Hamas militants on Oct. 7, 2023, killed roughly 1,200 people, including upwards of 360 partygoers at the Nova Music Festival near Re’im, a kibbutz that is a couple miles from the Gaza Strip, when it launched its surprise attack on Israel. The militants also kidnapped more than 200 people.

The Hamas-controlled Gaza Health Ministry says Israeli forces have killed more than 74,000 people in the enclave since Oct. 7.

The International Criminal Court in 2024 issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu; former Israeli Defense Minister Yoav Gallant; former Hamas leader Yahya Sinwar; Mohamed Diab Ibrahim al-Masri, the head of Hamas’s military wing known as the Qassam Brigades; and Ismail Haniyeh, chair of the Hamas Political Bureau, after it accused them of committing war crimes and crimes against humanity in Gaza and Israel.

The Israeli government has strongly denied it has committed genocide in Gaza.

An Israeli airstrike on a compound in Khan Younis, a city in southern Gaza, on July 13, 2024, killed killed Deif, one of the alleged Oct. 7 masterminds. Israel less than three weeks later assassinated Haniyah in Tehran, the Iranian capital. Israel Defense Forces soldiers on Oct. 16, 2024, killed Sinwar in Rafah, a city in southern Gaza.

Hamas last October released the remaining hostages in Gaza as part of a ceasefire agreement that President Donald Trump helped broker. Israel has continued to conduct airstrikes and other military operations in Gaza since the official suspension of hostilities took effect.

“For Bet Mishpachah, it was especially meaningful to lift up the names of LGBTQ+ people, those whose identities we know and those whose stories may never be fully known, who were murdered, and to honor the LGBTQ+ survivors whose resilience continues to inspire us,” said Maxey, referring to his participation in Wednesday’s ceremony. “Emily Damari’s story is particularly poignant: while held hostage, she had to hide the fact that she was gay because she feared that revealing her identity to her captors could put her life at even more risk. Yet, she survived.”

“Her story, like so many others, reminds us of the extraordinary courage it takes simply to remain human in the face of hatred,” he added. “May we continue to remember and to mourn, to honor, and to work toward a future rooted in peace and hope.”

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