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Merkley urges activists to lobby House GOP on ENDA

Ore. senator honored by Nat’l Center for Trans Equality

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Jeff Merkley, United States Senate, Oregon, Democratic Party, gay news, Washington Blade
Jeff Merkley, United States Senate, Oregon, Democratic Party, gay news, Washington Blade

‘I want to encourage you to do a lot of talking about liberty,’ said U.S. Sen. Jeff Merkley (D-Ore.) of efforts to pass ENDA. (Washington Blade file photo by Michael Key)

U.S. Sen. Jeff Merkley (D-Ore.), the lead sponsor of the Employment Non-Discrimination Act in the Senate, called on LGBT activists to raise the issue of “individual liberty” to help persuade Republican leaders in the House to allow the LGBT civil rights bill to come up for a vote.

In a keynote address Monday night before the 10th anniversary reception in Washington of the National Center for Transgender Equality, Merkley praised the group for its lobbying efforts on behalf of ENDA in the Senate, which voted 64-32 to pass the measure last week.

“And so now you’re all thinking about how you’re going to lobby in the House of Representatives,” Merkley told a gathering of about 200 NCTE members and supporters at the Hamilton Restaurant and Music Hall on 14th Street, N.W.

“And I want to encourage you to do a lot of talking about liberty,” he said. “You go in and you’re talking to a conservative legislator and like, well, ‘I’m not sure about this.’ You say it’s all about liberty. That’s the magical word. That is a word that is deeply embedded in our national DNA.”

Merkley, a longtime supporter of LGBT rights, offered his lobbying advice on ENDA at a time when House Speaker John Boehner (R-Ohio) has reiterated his opposition to the bill.

NCTE is part of a coalition of national LGBT and mainline civil rights organizations seeking to develop a strategy for persuading Boehner and other House Republican leaders to allow ENDA to come up for a vote this year. Some House Republicans who support ENDA have joined Democratic lawmakers in predicting they have the votes to pass the bill if it reaches the floor.

ENDA currently has 196 House sponsors, just 22 votes short of the 218 votes needed to pass the bill in the 435-member House.

At the NCTE reception Monday night, Mara Keisling, the group’s executive director, praised Merkley for playing a key role in coordinating efforts to pass ENDA in the Senate. She called the Senate passage of the bill, which includes a provision banning job discrimination against transgender people, a historic development.

The group presented Merkley with its Congressional Momentum Award in honor of what Keisling said was his longstanding support for transgender equality.

Jeana Frazzini, executive director of the LGBT advocacy group Basic Rights Oregon, described Merkley’s long history of supporting LGBT civil rights during his tenure as a member of the Oregon State Legislature before winning election to the U.S. Senate.

In his remarks before the gathering, Merkley noted that he took the lead in the legislature in helping to secure passage of a state LGBT non-discrimination bill that includes housing and public accommodations protections as well as employment protection.

He said he also sponsored the state’s domestic partnership law. He noted that the legislature passed that law at a time when a 2004 ballot measure approved by voters banning same-sex marriage in the state constitution prevented the legislature from taking up a marriage equality bill.

Merkley said he would be working with Basic Rights Oregon next year on an effort to bring the same-sex marriage question back to the voters in a ballot measure calling for repealing the 2004 ban on gay marriage.

He praised the late Sen. Edward Kennedy (D-Mass.) for taking the lead on ENDA for close to two decades and for calling on him to take the lead on ENDA in the Senate after Kennedy became ill and could no longer work on the measure.

“I want to say a message from Vicki Kennedy, who I talked to before the [ENDA] vote and I talked to her yesterday after the vote,” Merkley said in referring to Sen. Kennedy’s widow. “And she could not be more excited that this vision of Sen. Kennedy’s was finally fulfilled 19 years after he first introduced the act in the United States Senate,” Merkley said.

Merkley’s call for using the theme of liberty to lobby for ENDA in the House came one week after Ari Fleischer, a prominent Republican who served as President George W. Bush’s press secretary, came out in support of ENDA and linked the legislation to liberty.

“Allowing people to be successful in their workplaces is an essential piece of individual opportunity and liberty,” Fleischer said in an op-ed commentary published in Politico urging the House to pass ENDA.

Merkley told the NCTE gathering that the liberty theme “is a valuable way to connect with folks who have been out campaigning for their House seats talking about liberty and freedom.”

He added, “And you get to connect with them on that same wavelength of talking about liberty and freedom. And that’s how we need Speaker Boehner to put this bill on the floor of the House.”

NCTE gave its Media Momentum Award to law professor and MSNBC talk show host Melissa Harris-Perry, who spoke to the gathering in a video played during the event. The group gave its Julie Johnson Founder’s Award to transgender activists Dylan Orr, Chloe Schwenke and Amanda Simpson.

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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