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O’Malley seeks ENDA passage, ban on housing discrimination

Candidate stands at 1 percent among Democratic hopefuls in recent poll

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Martin O'Malley, gay news, Washington Blade
Martin O'Malley, gay news, Washington Blade

Martin and Katie O’Malley (Washington Blade photo by Michael Key)

Democratic presidential candidate and former Maryland Gov. Martin O’Malley on Monday called for the addition of LGBT employment and housing protections in federal law following the U.S. Supreme Court decision in favor of marriage equality.

“Last week the Supreme Court affirmed that marriage is a human right, and now gay and lesbian couples will be able to marry in every state in our country,” O’Malley said in a statement. “While this is a major step forward, our fight for equality continues. In a majority of states, gay and lesbian employees can still be denied job opportunities or fired solely based on their sexual orientation or gender identity. Twenty-eight states also lack laws banning discrimination in housing.”

O’Malley noted that Maryland law has “long banned” discrimination based on sexual orientation and under his administration last year, he signed into law a measure prohibiting transgender discrimination in the state.

To enshrine into federal law employment protections for LGBT people, O’Malley said Congress should pass the Employment Non-Discrimination Act. The measure hasn’t yet been introduced in 114th Congress, but in years past it has aimed to prohibit employment discrimination in most cases on the basis of sexual orientation and gender identity.

“Passing the Employment Non-Discrimination Act to expand these protections at the federal level is a necessary next step,” O’Malley said. “We must continue to improve our laws, to more fully protect the rights of every individual — and more fully realize the vision of an open, respectful and inclusive nation that Friday’s decision aspires us to be.”

The candidate articulates support for ENDA ahead of the expected introduction of a comprehensive LGBT non-discrimination bill in Congress by Rep. David Cicilline (D-R.I.) and Sen. Jeff Merkley (D-Ore.). Matt Corridini, an O’Malley spokesperson, said his boss is aware of the legislation and supports it.

O’Malley’s competitors for the Democratic nomination for the White House have taken different approaches to the issue of LGBT non-discrimination.

Former Secretary of State Hillary Clinton has called for a ban on discrimination against LGBT people “so they can live, learn, marry, and work just like everybody else.” Although she’s supported ENDA in years past, she hasn’t articulated in this election cycle the best vehicle to achieve non-discrimination protections for LGBT people.

U.S. Sen. Bernard Sanders (I-Vt.) voted for a version of ENDA in 2013. In an interview with the Washington Blade, Sanders said he’d back amending the Civil Rights Act and the Fair Housing Act to include sexual orientation and gender identity and anticipates he’ll support the upcoming comprehensive LGBT bill.

O’Malley faces a significant uphill battle in efforts to win the Democratic nomination for president. According to a Fox News poll, Clinton enjoys 61 percent support among likely Democratic voters nationwide. Sanders follows her with 15 percent support, Vice President Joseph Biden has 11 percent, New York Gov. Andrew Cuomo has 3 percent, former U.S. Sen. Jim Webb has 2 percent and O’Malley has 1 percent.

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Rehoboth Beach

BLUF leather social set for April 10 in Rehoboth

Attendees encouraged to wear appropriate gear

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Diego’s in Rehoboth Beach will host a BLUF leather social on Friday, April 10 at 5 p.m. (Blade file photo by Michael Key)

Diego’s in Rehoboth Beach hosts a monthly leather happy hour. April’s edition is scheduled for Friday, April 10, 5-7 p.m. Attendees are encouraged to wear appropriate gear. The event is billed as an official event of BLUF, the free community group for men interested in leather. After happy hour, the attendees are encouraged to reconvene at Local Bootlegging Company for dinner, which allows cigar smoking. There’s no cover charge for either event.

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District of Columbia

Celebrations of life planned for Sean Bartel

Two memorial events scheduled in D.C.

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(Washington Blade file photo by Michael Key)

Two celebrations of life are planned for Sean Christopher Bartel, 48, who was found deceased on a hiking trail in Argentina on or around March 15. Bartel began his career as a television news reporter and news anchor at stations in Louisville, Ky., and Evansville, Ind., before serving as Senior Video Producer for the D.C.-based International Brotherhood of Electrical Workers union from 2013 to 2024.

A memorial gathering is planned for Friday, April 10, 11:30 a.m.-1:30 p.m. at the IBEW International Office (900 7th St., N.W.), according to a statement by the DC Gay Flag Football League, where Bartel was a longtime member. A celebration of life is planned that same evening, 6-8 p.m. at Trade (1410 14th St., N.W.). 

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Puerto Rico

The ‘X’ returns to court

1st Circuit hears case over legal recognition of nonbinary Puerto Ricans

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(Photo by Sergei Gnatuk via Bigstock)

Eight months ago, I wrote about this issue at a time when it had not yet reached the judicial level it faces today. Back then, the conversation moved through administrative decisions, public debate, and political resistance. It was unresolved, but it had not yet reached this point.

That has now changed.

Lambda Legal appeared before the 1st U.S. Court of Appeals in Boston, urging the court to uphold a lower court ruling that requires the government of Puerto Rico to issue birth certificates that accurately reflect the identities of nonbinary individuals. The appeal follows a district court decision that found the denial of such recognition to be a violation of the U.S. Constitution.

This marks a turning point. The issue is no longer theoretical. A court has already determined that unequal treatment exists.

The argument presented by the plaintiffs is grounded in Puerto Rico’s own legal framework. Identity birth certificates are not static historical records. They are functional documents used in everyday life. They are required to access employment, education, and essential services. Their purpose is practical, not symbolic.

Within that framework, the exclusion of nonbinary individuals does not stem from a legal limitation. Puerto Rico already allows gender marker corrections on birth certificates for transgender individuals under the precedent established in Arroyo Gonzalez v. Rosselló Nevares. In addition, the current Civil Code recognizes the existence of identity documents that reflect a person’s lived identity beyond the original birth record.

The issue lies in how the law is applied.

Recognition is granted within specific categories, while those who do not identify within that binary structure remain excluded. That exclusion is now at the center of this case.

Lambda Legal’s position is straightforward. Requiring individuals to carry documents that do not reflect who they are forces them into misrepresentation in essential aspects of daily life. This creates practical barriers, exposes them to scrutiny, and places them in a constant state of vulnerability.

The plaintiffs, who were born in Puerto Rico, have made clear that access to accurate identification is not symbolic. It is a basic condition for moving through the world without contradiction imposed by the state.

The fact that this case is now being addressed in the federal court system adds another layer of significance. This is not a pending policy discussion or a legislative proposal. It is a constitutional question. The analysis is not about political preference, but about rights and equal protection under the law.

This case does not exist in isolation.

It unfolds within a broader context in which debates over identity and rights have increasingly been shaped by the growing influence of conservative perspectives in public policy, both in the United States and in Puerto Rico. At the local level, this influence has been reflected in legislative discussions where religious arguments have begun to intersect with decisions that should be grounded in constitutional principles. That intersection creates tension around the separation of church and state and has direct consequences for access to rights.

Recognizing this context is not an attack on faith or religious practice. It is an acknowledgment that when certain perspectives move into the realm of public authority, they can shape outcomes that affect specific communities.

From within Puerto Rico, this is not a distant debate. It is a lived reality. It is present in the difficulty of presenting identification that does not match one’s identity, and in the consequences that follow in workplaces, schools, and government spaces.

The progression of this case introduces the possibility of change within the applicable legal framework. Not because it resolves every tension surrounding the issue, but because it establishes a legal examination of a practice that has long operated under exclusion.

Eight months ago, the conversation centered on ongoing developments. Today, there is already a judicial finding that identifies a violation of rights. What remains is whether that finding will be upheld on appeal.

That process does not guarantee an immediate outcome, but it shifts the ground.

The debate is no longer theoretical.

It is now before the courts.

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