News
Onward to the House for ENDA
Boehner pressured to allow vote after bipartisan Senate passage

All eyes will be on Speaker John Boehner as advocates push for a House vote on ENDA. (Washington Blade file photo by Michael Key)
Supporters of the Employment Non-Discrimination Act are hoping to capitalize on the momentum from last week’s historic bipartisan Senate victory as they pursue a vote on the bill in the U.S. House.
Ten Senate Republicans voted for ENDA, which would prohibit most employers from discriminating on the basis of sexual orientation or gender identity. Their support gave the bill more bipartisan support than “Don’t Ask, Don’t Tell” repeal, which had just eight GOP votes, and more than any other pro-LGBT bill that has come to a vote in the Senate.
Liz Mair, a Republican political strategist who favors LGBT inclusion in the party, said the support that ENDA received in the Senate from Republicans demonstrates the party isn’t as opposed to LGBT rights as some observers might think.
“The fact that ENDA garnered 10 Republican votes in the Senate — and from a Republican caucus that is significantly less moderate than certain predecessor versions now that it lacks Scott Brown, Olympia Snowe, Judd Gregg and the like — is a reminder that the GOP is much more attuned to gay rights issues and much more in line with mainstream American attitudes on those issues than one would think from the image of the GOP that certain very conservative party leaders and the media tend to present,” Mair said.
The two Republican original co-sponsors — Sens. Susan Collins (R-Maine) and Mark Kirk (R-Ill.) — were joined in support by Sens. Rob Portman (R-Ohio), Kelly Ayotte (R-N.H.), Pat Toomey (R-Pa.), Dean Heller (R-Nev.), Orrin Hatch (R-Utah), Lisa Murkowski (R-Alaska) John McCain (R-Ariz.) and Jeff Flake (R-Ariz.).
Of those 10, the votes from McCain and Flake are particularly noteworthy because they represent a “red” state that President Obama lost in both 2008 and 2012. In addition, both senators expressed misgivings about ENDA before they ultimately voted for the bill.
Gregory Angelo, executive director of the Log Cabin Republicans, nonetheless said he wasn’t surprised by their support for the bill in the end.
“I know that both senators had expressed some hesitancy before casting their votes, but Flake is someone who voted for ENDA in 2007 when he was a member of the House, and Sen. McCain had even indicated that he would be open to supporting ENDA when he was running for president in 2008 — as part of, I believe, a questionnaire or interview he did with the Blade no less,” Angelo said.
A Senate source familiar with ENDA said McCain was able to support the bill after the adoption of the Portman-Ayotte amendment, which would prohibit federal, state and local governments from retaliating against institutions that invoke the religious exemption in the bill to discriminate against LGBT employees.
For Flake, who earlier told the Washington Blade he’d vote against ENDA because of the transgender protections in the bill, the Senate source said his support was solidified after he received assurances that businesses would receive guidance on the prohibition of gender identity discrimination.
Also significant on the Republican position on ENDA was the fact that Senate Minority Leader Mitch McConnell, according to Senate Republican aides familiar with the bill, didn’t whip the vote on the legislation and instead allowed members of his caucus to vote their conscience.
Angelo was among those who saw no evidence of Republican leadership instructing members to vote against ENDA.
“The fact that you had almost one-in-four members of the GOP caucus in the Senate vote in favor shows that membership was allowed to take a vote of conscience on this issue,” Angelo said.
Will the House vote on ENDA?
Now that the Senate has wrapped up its consideration of ENDA, attention has turned to passing the bill in the House, where Republican support will be necessary, first, to bring the bill to the floor and, second, to find 218 votes for the bill in the Republican majority chamber.
House Speaker John Boehner (R-Ohio) has indicated his opposition to the bill out of concern it would lead to “frivolous lawsuits” and a spokesperson for House Minority Leader Eric Cantor (R-Va.) was quoted in The Huffington Post as saying the bill “is currently not scheduled in the House.”
Nonetheless, Democrats ranging from Senate Majority Leader Harry Reid (D-Nev.) to gay Rep. Jared Polis (D-Colo.), ENDA’s chief sponsor in the House, insist that the House has enough votes for passage should it come to the floor.
Drew Hammill, a spokesperson for House Minority Leader Nancy Pelosi (D-Calif.), told the Blade his boss is among those who believe ENDA has sufficient support in the House for passage.
“Leader Pelosi has made it clear that there is sufficient support in the House to pass ENDA now,” Hammill said. “Instead of scheduling a vote on this measure, House Republicans are planning to vote for the 46th time to repeal or undermine the Affordable Care Act. There is only one man standing in the way of the expansion of workplace protections for millions of LGBT Americans. His name is John Boehner.”
ENDA has 196 House sponsors. That’s just 22 votes short of the necessary votes to pass the legislation on the House floor.
While the bill could technically come up at any time during the 13 months that remain in the current Congress, Polis said the legislation should come up sooner rather than later because, as Election Day approaches, members of the House will leave to campaign in their districts. It would be the first time that ENDA has come to the House floor since 2007, and the first time ever the chamber would consider a version of the bill that included transgender protections.
ENDA supporters claimed another Republican as their own last week when former White House Press Secretary Ari Fleischer, who served as spokesperson for former President George W. Bush, penned an op-ed in Politico urging the House to pass the bill.
“Allowing people to be successful in their workplaces is an essential piece of individual opportunity and liberty,” Fleischer said. “Working for a living is one of America’s freedoms. It’s a virtue to be encouraged — and supporting it is important to the future of the Republican Party.”
But not all LGBT advocates agree that sufficient votes exist to pass ENDA in the House. Some Republican supporters of the legislation stopped short of saying ENDA already has sufficient support to pass on the floor.
Jeff Cook-McCormac, senior adviser to the pro-LGBT Republican group American Unity Fund, said more work is needed when asked if ENDA is ready to move to the House floor.
“We’re encouraged by the momentum, working to identify and demonstrate majority support and committed to engaging legislators in the thoughtful and respectful conversations necessary to get there as quickly as possible,” Cook-McCormac said.
Mair said ENDA will be “a more uphill battle in the House” not only because of conservative worries over the bill’s content, but also out of fear of supporting anything seen as part of Obama’s agenda. Still, she wouldn’t rule out a surprise.
“Even back in 2007, ENDA garnered a noteworthy amount of GOP support in the House, including from some rather conservative members,” Mair said. “Thirty-five Republicans voted for ENDA then, including John Campbell, Jeff Flake, Thaddeus McCotter and Paul Ryan. So it will be interesting to see how it plays out this time around.”
For Cook-McCormac, the next priority is to build the number of Republican co-sponsors for ENDA. There are currently five: Reps. Charlie Dent (R-Pa.), Chris Gibson (R-N.Y.), Richard Hanna (R-N.Y.), Ileana Ros-Lehtinen (R-Fla.) and Jon Runyan (R-N.J.).
Dent told the Washington Post that Boehner “should allow a vote on this bill” because the American public believes the workplace should be free of discrimination.
Ros-Lehtinen said in a statement to the Blade that she also hopes Republican leadership will bring ENDA to the floor for a vote, but chose her words carefully about its prospects.
“The passage of ENDA by the Senate is a great first step toward making this bill law,” Ros-Lehitnen said. “I urge my colleagues in the House to sign on to the companion bill and hope House leadership will bring it up for a vote. I believe if it is brought to a vote, it has the opportunity to pass.”
Renee Gamela, a Hanna spokeswoman, said ENDA is good for business.
“Rep. Hanna would like ENDA to receive a vote in the House when it is clear that there are sufficient votes for passage,” Gamela said. “He intends to speak directly with his colleagues about why, as a small business owner, he believes supporting the legislation is good for economic competitiveness, individual liberty and our party.”
As articulated by Pelosi, one approach seen as a pathway for passage of ENDA in the House would be similar to what happened with reauthorization of the Violence Against Women Act. Amid public pressure, the House in February passed a bill with protections for LGBT victims of domestic violence after the Republican version of the bill without the provisions failed on the floor.
Log Cabin’s Angelo said whether a vote on ENDA will take place in the House “comes down to pressure” both from Republicans in the House who support it and advocates on the outside who want to see it passed.
“I think if you had a similar push that happened with the Violence Against Women Act, where you had a tremendous surge among grassroots, and you also had GOP members of Congress urging leadership to bring this up for a vote, you got there,” Angelo said. “But it’s going to take considerable pressure. I’m not a Pollyanna when it comes to prospects in the House, but I am cautiously optimistic.”
Virginia
Woman arrested for anti-gay assault at Alexandria supermarket
Victim recorded video of Christmas Day attack
Alexandria police announced on Jan. 12 that a Maryland woman has been arrested for allegedly assaulting a man while shouting anti-gay slurs at him at a Giant supermarket in Alexandria on Christmas Day.
The arrest came after a video of the assault that the victim captured with his phone and on which the woman can be heard shouting anti-gay slurs went viral on social media.
Police identified the woman as Shibritney Colbert, 34, of Landover, Md. Alexandria Police Chief Tarrick McGuire stated at a news conference that police responded to a 911 call placed by the victim and attempted to apprehend the woman, but she drove off in her car before police could apprehend her.
He said following an investigation, Colbert was apprehended and arrested in Prince Goerge’s County, Md., on Jan. 8. He said arrangements were being made for her to be brought to Alexandria where she was expected to face charges of assault and battery, destruction of property, felony eluding, and driving an unregistered vehicle.
The video of the incident shows Colbert pushing a shopping cart she was using in an aisle at the Giant store, located at 3131 Duke St., into the victim and another woman who was trying to help the victim. She can be seen throwing groceries at the victim while shouting anti-gay names. “Boy, get out of here with your gay ass,” was among the words she yelled at him that could be heard on the video.
The victim, who police identified only as a 24-year-old man, could be heard on the video saying he does not know the woman and urging her to “please back up.”
“Based on the victim’s statement, comments exchanged prior to the assault, and the totality of the circumstances, investigators believe the victim was targeted because of his sexual orientation,” police said in a statement.
Tarrick said Colbert’s arrest came at a time when Alexandria police were completing a strengthened hate crime policy calling for detectives to investigate crimes based on hate and for the department to prepare reports on hate crimes twice a year.
“Hate crimes are not just crimes against individuals, they are offenses that threaten the entire community and undermine the fundamental principles of dignity, equality, and safety,” Tarrick said.
Alexandria police didn’t immediately respond to a request from the Washington Blade for a copy of the official police report on the incident.
A link to the video posted on the social media site Reddit in which an unidentified man provides some details of the attack, can be accessed here:
U.S. Supreme Court
As Supreme Court weighs trans sports bans, advocate and former athlete speaks out
PFLAG staffer Diego Sanchez competed at University of Georgia in 1970s
The U.S. Supreme Court will hear two cases Tuesday addressing the legality of banning transgender women and girls from participating in sports under the 14th Amendment.
Though the two cases differ slightly in their fact patterns, they ultimately pose the same constitutional question: whether laws that limit participation in women’s sports to only cisgender women and girls violate the Equal Protection Clause of the 14th Amendment.
In both cases — Little v. Hecox and West Virginia v. B.P.J. — trans girls filed lawsuits against their respective states, Idaho and West Virginia, arguing that the bans violate their right to equal protection under the law by subjecting them to different standards than cisgender girls.
Lindsay Hecox, now 24, filed her lawsuit in 2020 while attending Boise State University. That same year, Idaho enacted the “Fairness in Women’s Sports Act,” which barred trans women from participating in any sport in public schools, from kindergarten through college. Although Hecox underwent hormone therapy that significantly lowered her testosterone levels, she was still excluded under the law when she attempted to try out for the women’s track and cross-country teams.
The second case centers on B.P.J., a 15-year-old trans girl who has identified as female since third grade and has been on puberty blockers since the onset of puberty. In 2021, West Virginia enacted the “Save Women’s Sports Act,” which requires sports teams to be designated by “biological sex” rather than gender identity. B.P.J.’s mother filed suit on her behalf after her daughter was barred from participating on her school’s girls’ cross-country and track teams.
A key distinction between the two cases is that attorneys for B.P.J. have argued that because puberty blockers were part of her development, her body is more aligned with that of a cisgender girl than a cisgender boy. Despite these differences, both cases raise the same constitutional issue: whether it is lawful to bar someone from participation in sports based on sex assigned at birth.
The Washington Blade spoke with PFLAG Vice President of Policy and Government Affairs Diego Sanchez.
Sanchez is a trans elder with firsthand experience as a college athlete at the University of Georgia and later became the first openly trans legislative staff member on Capitol Hill.
His dual experience — as a former athlete and a longtime policy expert deeply familiar with constitutional law — gives him a unique perspective on the questions now before the Supreme Court. Sanchez will also be one of the featured speakers at a rally on the steps of the court as the justices hear arguments.
When asked how attitudes toward trans athletes differ from when he competed at the University of Georgia from 1976-1980 to today — when 29 states have passed laws restricting trans participation in sports — Sanchez said the contrast is stark.
“I had the good experience of being supported by my teammates and my coach,” Sanchez said. “The thing that’s so different today is that these [trans] kids are able to go home and get kisses and hugs from their parents, being lauded in the stands by their families, and then being told that who they are doesn’t necessarily fit with who they’re allowed to be in their expression at the moment, and that to me, seems a terrible injustice.”
Sanchez emphasized that sports offer lessons that extend far beyond competition.
“When you’re an athlete, you learn an awful lot of things about life,” he said. “You learn about leadership, but you also learn that your best effort becomes part of a team effort … how you feel as an individual contributor is affected by what ends up being part of how you live your life as an adult.”
After his time as an athlete, Sanchez began working in government, eventually serving as senior policy advisor to then-U.S. Rep. Barney Frank (D-Mass.) until Frank’s retirement in 2013. Sanchez said that one of the most important aspects of his role was simply being visible as a trans person in spaces where many lawmakers had never knowingly met one before.
“My job was to make sure that no one, no legislator, could say that they had never met a trans person,” Sanchez said.
Sanchez also addressed the broader implications the Supreme Court’s decision could have on how gender is treated within institutional systems.
“I don’t think it affects how people perceive their own gender or express their own gender, but I do think that it could create barriers if it doesn’t welcome the way that community and society actually are,” he said. “The most important thing for people to know … is to remember that every person is an individual, and that the right to contribute to society should be something that is supported by the government, not hindered.”
He added that the court’s role must be understood within the framework of checks and balances established by the Constitution.
“The risk, of course, here is always remembering that we have three branches of government, so that this action by the judiciary branch may or may not have implications on whether or how things can be perceived or executed at other branches,” Sanchez said. “I would hope that our government is interested in letting the future generations and current generations be the best that they can be as well.”
“Do people get to live their lives as they are, or is the government an obstruction or a support?”
When asked what message he would share with young trans athletes watching the Supreme Court take up these cases, Sanchez said community support remains critical, regardless of how the justices rule.
“Make sure that the environment that you put yourself in is something that honors who you know you are and supports you becoming the best person you can be, and that anything that takes away from that is purely dissonance,” he said.
“What we do with dissonance is what distinguishes us as whether we excel or doubt.”
That same sense of community, Sanchez said, is what rallies — like the one planned outside the Supreme Court — are meant to reinforce, even as decisions are made inside the building.
“Rallies, including tomorrow’s, are about people knowing they’re not alone, and hearing from other people who support who they are,” he said. “There is support across the country … I wish that I had had someone my age now that I could have looked to, but I am the role model, but I didn’t have any.”
Looking ahead to the possibility that the court could uphold bans on trans athletes, Sanchez said the immediate challenge will be ensuring that families and communities continue to affirm trans youth amid legal uncertainty.
“Having the endorsement of being supported who you are, it helps you so much,” he said. “You cannot put the issue of rights back into the genie’s bottle once people experience what freedom and welcoming is.”
For Sanchez, whose life has spanned decades of change in both sports and government, the cases before the Supreme Court represent a pivotal moment — not just legally, but culturally.
“Living your life, for me, does not require bravery,” he said. “It’s just taking one step and then another.”
U.S. Military/Pentagon
HRC holds retirement ceremony for ousted transgender servicemembers
White House executive order bans openly trans military personnel
When retirement celebrations are planned — especially military ones — crowded rooms are usually filled with joyous energy: smiling people celebrating over glasses of champagne and stories of “the good old days,” marking the moment when service members decide it is the right time to step back from work. This retirement event, however, felt more like a funeral than a major life milestone.
The Human Rights Campaign Foundation hosted an event on Jan. 8 in D.C. to commemorate the forced retirement of transgender servicemembers. The event was a direct result of President Donald Trump’s 2025 Executive Order 14183, titled “Prioritizing Military Excellence and Readiness,” which directed the Pentagon to adopt policies prohibiting trans, nonbinary, and gender-nonconforming people from serving in the military.
In the heart of the nation’s capital, mere blocks from where the president signed that executive order, five military members followed the traditional pomp and circumstance that military retirement celebrations demand — the U.S. Army’s passing of the NCO sword, the U.S. Navy’s reading of “The Watch,” speeches from colleagues and bells ringing, flags folded tightly while family members, and bosses talk about the peaks of their careers and sacrifices made to protect the Constitution. But the tears that could be heard and seen were not bittersweet, as they often are for the millions of Americans who came before them. They were tears of sadness, fear, and ultimately of acceptance — not agreement — that they were removed from their posts because of their gender identity.
Thousands of trans servicemembers were forced out of all six branches of the military after Executive Order 14183, joined by a February memo from Defense Secretary Pete Hegseth stating that trans and nonbinary individuals would no longer be eligible to join the military. The memo also directed that all trans people currently serving be separated from service because their gender identity supposedly goes against the military’s accession requirements and that, as a collective group, they “lack the selflessness and humility” required for military service.
For many trans servicemembers, their careers had suddenly come to an end. Unlike the five on stage on Jan. 8, they would not have a ceremony, the ability to say goodbye to a job they didn’t want to leave, or a packed room of supporters clapping and crying alongside them.
Colonel Bree B. Fram from the U.S. Space Force, Commander Blake Dremann from the U.S. Navy, Lt. Col. (Ret.) Erin Krizek from the U.S. Air Force, Chief Petty Officer (Ret.) Jaida McGuire U.S. from the Coast Guard, and Sgt. First Class (Ret.) Catherine Schmid from the Army were granted the chance to say goodbye to more than 100 years of combined service to the country.
“This ceremony is unprecedented — not because their careers fell short in any way, but because they shined so brightly in a military that cast them aside as unworthy,” said Maj. Gen. Tammy Smith (Ret.), who was the master of ceremonies for the roughly 5-hour event. “For every one of them, there are thousands of other transgender service members who were denied the opportunity to even reach this moment of retirement, despite records that mark them as among the best of the best.”
Shawn Skelly, former assistant secretary of defense for readiness under President Joe Biden and member of HRC’s board of directors, also spoke at the event. She emphasized that this is not a result of anything a trans servicemember did — or didn’t do — but rather a country trying to villainize them.
“Trans service members … are on the front lines, canaries in the coal mine of our democracy as to who can be seen as not just American, but among the best that America has to offer,” Skelly said.
Two members of Congress who have been at the heart of the fight for ensuring LGBTQ rights for Americans also addressed the crowd and the retiring officers: the first openly gay non-white member of the U.S. House of Representatives, U.S. Rep. Mark Takano (D-Calif.), and the first openly trans member of Congress, U.S. Rep. Sarah McBride (D-Del.).
“I want to begin by apologizing to our [trans] servicemembers and reiterating that your service and commitment to our nation does not go unnoticed,” Takano said. “I am sorry this administration has chosen to target you for no reason other than cruelty.”
“Each of you answered the call to serve. Each of you met the standards. And each of you served and led with integrity, professionalism, and courage,” said McBride. “Each of you are brave, honorable, and committed patriots who also dared to have the courage to say out loud that you’re transgender.”
Former Air Force Secretary Frank Kendall also gave a speech, noting that there was no reason for thousands of trans military members to lose their jobs and for the country to lose invaluable personnel that make the Armed Forces the best in the world.
“As I read the biographies of each of our retirees today, one thing came across to me,” former Kendall said. “It was how similar these read to those of all other retirees, and to others still serving. … It is a huge injustice, and an enormous loss to our nation that [they] … are not being allowed to continue to serve their country in uniform.”
Each service member had an introducer highlight their accomplishments before they gave their own heartfelt and pointed speeches, all of which can be watched in full on HRC’s YouTube page.
“I joined the military to be part of the solution … I learned that living authentically proved far more truthful and beneficial to not only myself but also my units than pretending to be someone else,” McGuire told the audience of family members, friends, LGBTQ rights activists, and former military personnel. “Being transgender never kept me from deploying, and I never failed to fulfill my duties.”
Despite the circumstances, McGuire said she would use this moment as an opportunity to continue serving.
“Even when it was forced upon you with no choice or discussion, [retirement] is still a new chapter … I’ll keep advocating for the rights and freedoms we all cherish,” McGuire said.
Schmid from the Army spoke about accepting the feeling of institutional betrayal after giving so much of herself to the service.
“The Army taught me what honor and integrity meant, and that integrity cost me the only thing I’ve ever really known how to do — it cost me being a soldier,” Schmid said. “Institutions fail people, but institutions are made of people, and that’s what I keep going back to … the soldiers, the people — that’s the Army that matters.”
Presik from the Air Force went next.
“Over my career, I’ve been called a hero and thanked for my service … I did all those things for the hope that I was making this country a better place for my three children and for your children and your families and your hopes as well,” Presik said, emphasizing that this was a fundamental policy failure, not a personal failure. “Now I have been separated from the Air Force, not because my performance, commitment, or ideals were found lacking, but because the policy changed on who could serve — and that reality is difficult to say out loud.”
“You matter. Your service matters, and you are not alone … transgender airmen are surrounded daily by so many fellow Americans who serve quietly and professionally,” Presik added, acknowledging that some trans people will continue to serve their country, even if it means hiding a piece of themselves until this policy is remedied.
Draiman from the Navy was fourth, emphasizing that his work serving the American people would continue despite retirement.
“I have spent my entire career pushing back against systems that too often treated my sex, my sexuality, or my gender as a measure of my capability under the guise of readiness,” Draiman told the crowd. “The work of dismantling hate and building better systems is far from over, and I still have more to give as I step out of uniform.”
Fram from the Space Force went last.
“My service was real. My dedication was real, and the years I gave to this country were given fully, honorably, and especially at the end with great pride,” she said with tears welling in her eyes — as did most of those in the audience. “Transgender service members are persons of character, not caricatures, and a society that justifies exclusion by denying our humanity needs to learn its lesson better from the Civil Rights Movement.”
“The uniform may come off, but the values it represents never will.”
Across the five branches of the military represented, each retiree carried countless honors and awards, evidence of their strength and dedication to protecting a country that elected a president who has now attempted to strip them of their service in both of his terms in office.
After the ceremony, the Washington Blade sat down with HRC Senior Vice President of Campaigns and Communications Jonathan Lovitz, to discuss why HRC decided to honor these five servicemembers.
“Why do this? Because they deserve nothing less. These are our heroes. These are our fellow Americans who have done more to serve this country than anyone who has been attacking them for that service,” Lovitz said. “These five are stand-ins for the thousands more, many of whose stories we’re never going to know, but it’s our obligation to find and uplift every single one of them.”
Multiple times during the ceremony, it was noted that military members vow to protect the Constitution rather than any individual in the White House. For Lovitz, that is the crux of why HRC felt the need to act.
“Civil rights protect all of us — or at least they’re supposed to. That’s at the heart of the Constitution … and that includes, and especially includes, our heroes who fight, sometimes die, to protect even those who would try to erase them.”
He ended the conversation by sharing a private moment with one of the retirees.
“I just hugged one of the honorees, and she said to me, ‘We never should have had to do this, but if we had to do it, this was the way.’ So I feel great that they feel loved and honored and seen and celebrated, and that so many leaders in the community were able to be here to lift them up.”
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