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.”
District of Columbia
GLAA releases ratings for 18 candidates running for D.C. mayor, Council, AG
Mayoral contender Janeese Lewis Geroge among those receiving highest score
D.C. mayoral candidate Janeese Lewis George, a Democrat, is among just four candidates to receive the highest rating score of +10 from GLAA D.C. who are competing in the city’s June 16 primary election.
GLAA, formally known as the Gay and Lesbian Activists Alliance of Washington, has rated candidates for public office in D.C. since the 1970s. It rated 18 of the 36 candidates on this year’s primary ballot for mayor, D.C. Council, and D.C. attorney general based on its policy of only rating candidates who return a GLAA questionnaire asking for their positions on a wide range of issues, most of which are not LGBTQ-specific.
Among the candidates who did not return the questionnaire and thus did not receive a rating, according to GLAA, was Democratic mayoral contender Kenyan McDuffie, who along with Lewis George, is considered by political observers to be one of the two leading mayoral candidates running in the Democratic primary.
Lewis George and McDuffie, who each have long records of support for the LGBTQ community, are among a total of eight candidates running for mayor on the June 16 primary ballot: seven Democrats and one Statehood Green Party candidate. In addition to Lewis George, GLAA rated just two other mayoral candidates. Rini Sampath, a Democrat who self identifies as queer, received a +6.5 rating, and Ernest E. Johnson, also a Democrat, received a +4.5 rating
Under the GLAA rating system, candidate ratings range from a +10, the highest score, to a -10, the lowest possible score. In its ratings for the June 16 primary, the lowest score issued was +4.5. GLAA said in a statement that each of the 18 candidates it rated expressed strong support for LGBTQ-related issues in their questionnaire responses, indicating that the overall rating scores reflect the candidates’ positions on mostly non-LGBTQ-specific issues.
The three other candidates who received a +10 GLAA rating are each running as Democrats for the Ward 1 D.C. Council seat. They include gay candidate Miguel Trindade Deramo; Aparna Raj, who identifies as bisexual; and LGBTQ ally Rashida Brown. The only other Ward 1 candidate rated by GLAA is LGBTQ ally Terry Lynch, who received a +5.5 rating.
Ward 5 D.C. Councilmember Zachary Parker, the Council’s only gay member who is facing two opponents in the Democratic primary, received a +7 GLAA rating. The two challengers did not return the questionnaire and were not rated.
“In seven out of 10 of our priorities, every candidate indicated agreement,” GLAA said in its statement to the Washington Blade in referring to the candidates it rated. “Total consensus on core issues signals that whomever is elected to Council and mayor, we should expect to hold our elected officials accountable to our goals of protecting home rule, resisting federal overreach, advancing transgender healthcare rights, and eliminating chronic homelessness in the District,” the statement says.
“While candidates agree on the basics, they distinguish themselves in the depth and creativity in their responses, and their record on the issues,” according to the statement, which adds that candidates’ full questionnaire responses and ratings can be accessed on the GLAA website, www.glaa.org.
Like past election years, GLAA does not rate candidates running for the D.C. Congressional Delegate seat or the so-called “shadow” U.S. House of Representatives and U.S. Senate seats.
With the exception of one question asking about transgender rights, none of the other nine of the 10 questionnaire questions are LGBTQ-specific. But most of the questions mention that LGBTQ people are impacted by the issues being raised, such as affordable housing, federal government intrusion into D.C. home rule, and access to healthcare and public benefits for low-income residents.
One of the questions asks candidates if they support decriminalization of sex work in D.C. among consenting adults, which GLAA supports. Lewis George is among the candidates who said they do not support sex work decriminalization at this time. The other two mayoral candidates that GLAA rated, Sampath and Johnson, said they support sex work decriminalization.
In the race for D.C. attorney general, GLAA issued a rating for just one of the three candidates running: Republican challenger Manuel Rivera, who received a +4.5 rating. Incumbent Democrat Brian Schwalb and Democratic challenger J.P. Szymkowicz were not rated because they didn’t return the questionnaire.
D.C. Council Chair Phil Mendelson (D), who is running unopposed in the primary, received a +6.5 rating. Ward 6 Councilmember Charles Allen, who is facing three Democratic challengers in the primary and who is a longtime LGBTQ ally, received a +6.5 rating.
In the special election to fill the at-large D.C. Council seat vacated by the resignation of then-Independent Councilmember McDuffie to enable him to run for mayor as a Democrat, GLAA has rated two of the three Independent candidates competing for the seat. Elissa Silverman received a +5.75 rating, and Doni Crawford received a +5.6 rating.
Finally, in the At-Large D.C. Council race GLAA issued ratings for five of the 11 candidates running in the primary, each of whom are Democrats. Oye Owolewa received a +9; Lisa Raymond, +7.5; Dwight Davis, +6.5; Dyana N.M. Forester, +6; and Fred Hill, +6.6.
The full list of GLAA-rated candidates and their detailed questionnaire responses can be accessed at www.glaa.org.
News
Blade finalist for D.C. Society of Professional Journalists awards
Editor Kevin Naff to be inducted into Hall of Fame at June. 9 dinner
The Society of Professional Journalists’ Washington, D.C., Pro Chapter on Tuesday announced the Washington Blade is a finalist for various awards it will hand out at its annual dinner next month.
International News Editor Michael K. Lavers is a finalist for the weekly editorial/opinion writing category for his piece “Vacationing abroad with an embarrassment in the White House.” He is also a finalist for the weekly newspaper non-breaking news category for his article “Trump executive orders leave LGBTQ migrants, asylum seekers in limbo.”
Photo Editor Michael Key is a finalist for the weekly newspaper feature photography category for a photo of a protest that he took outside the D.C. Attorney General’s office. He is also a finalist for the weekly newspaper photography story category for his article “‘Trump Must Go Now’ march to the White House” and for the weekly newspaper photojournalism category for his coverage of the WorldPride Street Festival and Closing Concert.
Senior Reporter Lou Chibbaro is a finalist for the weekly newspaper non-breaking news category for his article “In D.C., LGBTQ homelessness on the rise despite overall decline.”
Kevin Naff, the Blade’s editor and co-owner, will be inducted into the Society of Professional Journalists’ Washington, D.C., Pro Chapter’s Hall of Fame at its annual dinner that will take place at the National Press Club on June 9.
Commentary
He is 16 and sitting in a Cuban prison
Jonathan David Muir Burgos arrested after participating in anti-government protests
Jonathan David Muir Burgos is 16-years-old, and that fact alone should force the world to stop and pay attention. He is not an armed criminal, nor a violent extremist, nor someone accused of harming others. He is a Cuban teenager who ended up behind bars after joining recent protests in the city of Morón, in the province of Ciego de Ávila, demonstrations born out of exhaustion, desperation, and the growing collapse of daily life across the island.
Those protests did not emerge from privilege or political theater. They erupted after prolonged blackouts, food shortages, lack of drinking water, unbearable heat, and a level of public frustration that continues to deepen inside Cuba. People took to the streets because ordinary life itself has become increasingly unbearable. Families are surviving for hours and sometimes days without electricity. Parents struggle to find food. Entire communities live trapped between scarcity and silence.
Jonathan became part of that reality.
And today, he is sitting inside a Cuban prison.
The World Health Organization defines adolescence as the stage between approximately 10 and 19 years of age, a period marked by emotional, psychological, and physical development. That matters deeply here because Jonathan is not simply a “young protester.” He is a minor. A teenager still navigating the fragile years in which identity, emotional stability, and personal growth are being formed.
Yet the Cuban government chose to place him inside a high-security prison alongside adults.
There is something profoundly disturbing about a political system willing to expose a 16-year-old boy to the psychological brutality of prison life simply because he exercised the right to protest. A prison is never only walls and bars. It is fear, humiliation, emotional pressure, intimidation, and uncertainty. For a teenager surrounded by adult inmates, those dangers become even more alarming.
The situation becomes even more serious because Jonathan reportedly suffers from severe dyshidrosis and has previously experienced dangerous bacterial infections affecting his health. His condition requires proper medical care, hygiene, and adequate treatment, precisely the kind of stability that is difficult to guarantee inside the Cuban prison system.
Behind this story there is also a family living through a kind of pain impossible to fully describe.
Jonathan is the son of a Cuban evangelical pastor. Behind the headlines there is a mother wondering how her child is sleeping at night inside a prison cell. There is a father trying to hold onto faith while imagining the emotional and physical risks his teenage son may be facing behind bars. Faith does not erase fear. Faith does not prevent parents from trembling when their child is imprisoned.
And this is where another painful contradiction emerges.
While a Cuban pastor watches his son remain incarcerated, there are still political and religious voices outside Cuba romanticizing the Cuban regime from a safe distance. There are people who speak passionately about justice while remaining silent about political prisoners, repression, censorship, and now even the imprisonment of adolescents.
That silence matters.
Because silence protects systems that normalize abuse.
For too long, parts of the international community have spoken about Cuba through ideological nostalgia while refusing to confront the human cost paid by ordinary Cubans. The reality is not romantic. The reality is families surviving in darkness, young people fleeing the country in massive numbers, parents struggling to feed their children, and now a 16-year-old boy sitting inside a prison after joining a protest born from desperation.
No government has the moral right to destroy the emotional and psychological well-being of a teenager for exercising freedom of expression. No ideology should stand above human dignity. And no institution that claims to defend justice should remain indifferent while a child becomes a political prisoner.
Jonathan David Muir Burgos should not be in prison.
A 16-year-old boy should not have to pay for protest with his freedom.
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