National
Has the gay agenda been shelved?
Further action on LGBT bills looking less likely this Congress
On the long-stalled Employment Non-Discrimination Act, U.S. Rep. Barney Frank said ‘we’re still trying to figure out a way to get that done.’ (Washington Blade photo by Michael Key)
The limited time remaining in the legislative calendar for this Congress is raising questions about whether lawmakers will pass any further pro-LGBT bills before year’s end — and whether it will be politically feasible to pass such bills next year.
Congress advanced LGBT-related legislation last year when it passed hate crimes protections. This year, a measure that would lead to repeal of “Don’t Ask, Don’t Tell” seems likely to reach President Obama’s desk.
Still, some LGBT activists and voters are frustrated that Congress has taken no action to advance the Employment Non-Discrimination Act. Supporters of the legislation have said several times a vote was imminent, but no such action has yet been taken.
Other pending measures include the Domestic Partnership Benefits & Obligations Act, which would allow LGBT federal workers to receive spousal benefits for their same-sex partners, as well as the Uniting American Families Act and repeal of the Defense of Marriage Act.
Further complicating the situation is the specter of reduced Democratic majorities in the next Congress — or even a Republican takeover — and whether measures unaddressed this year would be viable in 2011.
Despite the limited time remaining this year, some LGBT rights supporters are hopeful that Congress will move forward with additional legislation. U.S. Rep. Barney Frank (D-Mass.), a gay lawmaker and House sponsor of ENDA, expressed optimism about the bill passing the House this year.
“That’s going to be next thing we’ll turn our attention to,” Frank said. “We have the speaker’s support and we’re still trying to figure out a way to get that done.”
The scheduling for a House vote on ENDA remains an issue. House Speaker Nancy Pelosi earlier told the Blade that a House vote on ENDA wouldn’t occur until Congress finishes legislative action on “Don’t Ask, Don’t Tell.”
Drew Hammill, a Pelosi spokesperson, said ENDA remains “a top priority for the speaker,” but a vote on the bill before work on “Don’t Ask, Don’t Tell” is complete “jeopardizes both initiatives.”
“Until then, we should encourage the Senate to develop a course for ENDA to ensure that when the House passes the legislation, the Senate can move quickly to send the legislation to the president’s desk,” Hammill said.
Frank said efforts toward repealing “Don’t Ask, Don’t Tell” displaced ENDA in the batting order for Congress because the fiscal year 2011 defense authorization bill came to lawmakers before a vote could happen on ENDA.
“If the defense authorization hadn’t come up earlier, we might have been able to do ENDA first,” he said.
Frank noted that he thinks the votes exist in the House to pass a trans-inclusive ENDA, but he wouldn’t give a timetable for when the legislation would move forward in Congress because he didn’t want to tip off opponents of the bill.
Michael Cole, a Human Rights Campaign spokesperson, said a House vote on ENDA is among the pro-LGBT items his organization has pressed for in the time remaining in this year’s legislative calendar.
“We’re certainly interested in seeing the House take a vote on ENDA,” Cole said. “We’ve been advocating for that for a long time, and as recess comes, we’ll be doing a lot of work to make sure our members are getting in touch with members of Congress to push for a vote on it.”
But if the House manages to pass ENDA this year, getting the legislation through the Senate remains a significant challenge. Sources have said 60 votes are lacking in the Senate to overcome a filibuster on the legislation. Also, because the Senate allows non-germane amendments, opponents of the bill could attach additional measures in an attempt to block its passage.
Still, Frank said he believes passage of ENDA in the Senate remains a possibility.
“If you ask them if they think they can pass it, they’ll say ‘no,’ so the important thing to do is for us [in the House] to try [to] pass it and send it over there, so they can’t just avoid it,” Frank said.
Activists also foresee a possibility of passing the Domestic Partnership Benefits & Obligations Act before year’s end.
Cole said the legislation, as well as the Tax Equity for Health Plan Beneficiaries Act, which would eliminate the tax penalty paid on employer-provided health insurance for domestic partners, could be made part of upcoming omnibus authorization or appropriations bills.
“We’re following what the plans appear to be on the Hill to see how we might be able to get those pieces of legislation [advanced] as part of them,” Cole said.
Frank also acknowledged the possibility of passing the Domestic Partnership Benefits & Obligations Act and said that legislation is “in serious conversation.”
Still, Frank noted the bill comes with a price tag — estimated at one time by the U.S. Office of Personnel Management to be $56 million a year — and that concerns associated with raising the federal deficit may cause problems in passing the bill.
Frank said finding a way to offset the legislation’s cost remains an issue for the Domestic Partnership Benefits & Obligations Act and “we have to find a way to pay for that.”
Whatever progress this Congress makes on passing pro-LGBT bills, recent polls are casting doubts on whether enough Democratic lawmakers will retain their seats next Congress to pass such bills.
Several recent polls have shown considerable opposition toward Democrats and the Obama administration as persistent unemployment and concerns about government spending linger across the country.
White House Press Secretary Robert Gibbs gained media attention and inspired consternation among Democratic House members when, during an appearance earlier this month on NBC’s “Meet the Press,” he said Republicans could regain control of the House.
“I think people are going to have a choice to make in the fall,” Gibbs said. “But I think there’s no doubt there are enough seats in play that could cause Republicans to gain control. There’s no doubt about that.”
Larry Sabato, a political scientist at the University of Virginia, is projecting that Republicans will win seven seats in the Senate and 32 seats in House after the election.
Because of this potential shift, Sabato said passage of more pro-LGBT bills next Congress is unlikely if it doesn’t happen this year.
“If these pieces of legislation don’t pass now, when both houses have swollen Democratic majorities, they certainly aren’t going to pass in the next Congress, when Democrats will have narrow majorities, or even be in the minority,” Sabato said.
Sabato said the loss of a half-dozen Democratic seats in the Senate could be enough to “kill these bills” entirely in the next Congress because proponents wouldn’t be able to find 60 votes to thwart a filibuster.
But Frank said the possibility of passing more pro-LGBT legislation in a future Congress is unknown because the fallout of the November elections is yet to be seen.
“I don’t think there’s any question there will be Republican gains in both chambers,” he said. “But what kind of gains? How much? Three senators? Eight senators? Fifteen representatives? Thirty-five representatives?”
Frank also said some members of Congress that would lose in the upcoming election wouldn’t “be supportive of ENDA anyway.”
Additionally, he said Congress could more easily take up other pro-LGBT bills in the future after items like hate crimes and “Don’t Ask, Don’t Tell” are off the table.
“To some extent, the more you have to work on, the harder it is to do any one of them,” he said.
Cole said although no one knows what the future holds for support for pro-LGBT legislation after year’s end, he noted several supportive incumbents are in danger of losing their seats.
“The thing to keep in mind, though, is cobbling together a pro-LGBT majority for any piece of legislation has never been a slam dunk,” Cole said. “It’s not necessarily about party affiliation — it’s about people who have taken stances toward equality measures.”
Federal Government
Gay Venezuelan man ‘forcibly disappeared’ to El Salvador files claim against White House
Andry Hernández Romero had asked for asylum in US
A gay Venezuelan asylum seeker who the U.S. “forcibly disappeared” to El Salvador has filed a claim against the federal government.
Immigrant Defenders Law Center, who represents Andry Hernández Romero, on Friday announced their client and five other Venezuelans who the Trump-Vance administration “forcibly removed” to El Salvador under the Alien Enemies Act of 1798, filed “administrative claims” under the Federal Tort Claims Act.
The White House on Feb. 20, 2025, designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.”
President Donald Trump less than a month later invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.” The White House then “forcibly removed” Hernández, who had been pursuing his asylum case in the U.S., and more than 250 other Venezuelans to El Salvador.
Immigrant Defenders Law Center disputed claims that Hernández is a Tren de Aragua member.
Hernández was held at El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT, until his release on July 18, 2025. Hernández, who is back in Venezuela, claims he suffered physical and sexual abuse while at CECOT.
“As a Venezuelan citizen with no criminal record anywhere in the world, I would like to tell not only the government of the United States but governments everywhere that no human being is illegal,” said Hernández in the Immigrant Defenders Law Center press release. “The practice of judging whole communities for the wrongdoing of a single individual must end. Governments should use their power to help every person in the nation become more aware and informed, to strengthen our cultures and build a stronger generation with principles and values — one that multiplies the positive instead of destroying unfulfilled dreams and opportunities.”
Immigrant Defenders Law Center filed claims on behalf of Hernández and the five other Venezuelans less than three months after American forces seized then-Venezuelan President Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital.
Maduro and Flores have pleaded not guilty to federal drug charges. Delcy Rodríguez, who was Maduro’s vice president, is Venezuela’s acting president.
‘Due process and accountability cannot be optional’
Immigrant Defenders Law Center on Friday also made the following demands:
- The Trump administration must officially release the names of all people the United States sent to CECOT to ensure that everyone has been or will be released.
- The federal government must clear the names of the 252 men wrongfully labeled as criminal gang members of Tren de Aragua.
- DHS (Department of Homeland Security) must end the practice of outsourcing torture through third‑country removals, restore humanitarian parole, and rebuild a functioning, humane asylum system.
- DHS must reinstate Temporary Protected Status for all individuals who cannot safely return to their home countries, halt mass deportations and unlawful raids and arrests, and guarantee due process for everyone navigating the immigration system.
- Congress must pass the Neighbors Not Enemies Act, which would repeal the Alien Enemies Act.
“In all my years as an immigration attorney, I have never seen a client simply vanish in the middle of their case with no explanation,” said Immigration Defenders Legal Fund Legal Services Director Melissa Shepard. “In court, the government couldn’t even explain where he was — he had been disappeared.”
“When the government detains and transfers people in secrecy, without transparency or access to the courts, it tears at the basic protections a democracy is supposed to guarantee,” added Shepard. “What this experience makes painfully clear is that due process and accountability cannot be optional. They are the only safeguards standing between people and the kind of lawlessness our clients suffered. We must end third country transfers, restore the asylum system, and humanitarian parole, and reinstate temporary protective status so this nightmare never happens again.”
The White House
Trump proclamation targets trans rights as State Dept. shifts visa policy
Recent policy actions from the White House limit transgender rights in sports, immigration visas, and overarching federal policy.
In a proclamation issued by the Trump White House Thursday night, the president said he would, among other things, “restore public safety” and continue “upholding the rule of law,” while promoting policies that restrict the rights of transgender people.
“We are keeping men out of women’s sports, enforcing Title IX as it was originally written, and ensuring colleges preserve — and, where possible, expand — scholarships and roster opportunities for female athletes,” the proclamation reads. “At the same time, we are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”
The statement comes amid a broader series of actions by the Trump administration targeting transgender people across multiple federal policy areas, including education, health care, and immigration. A nearly complete list of policies the current administration has put forward can be found on KFF.org.
One day before the proclamation was issued, the U.S. State Department announced changes to visa regulations that could impact transgender and gender-nonconforming people seeking entry into the United States.
The policy, published March 11 and scheduled to take effect April 10, introduces changes to the Diversity Immigrant Visa Program, commonly known as the “DV Program.” The rule is framed by the department as an effort to strengthen oversight and prevent fraud within the visa lottery system, which allocates a limited number of immigrant visas annually to applicants from countries with historically low rates of immigration to the United States.
However, the updated language also standardizes the use of the term “sex” in federal regulations in place of “gender,” a change that LGBTQ advocates say could create additional barriers for transgender and gender-diverse applicants.
The policy states: “The Department of State (‘Department’) is amending regulations governing the Diversity Immigrant Visa Program (‘DV Program’) to improve the integrity of, and combat fraud in, the program. These amendments require a petitioner to the DV Program to provide valid, unexpired passport information and to upload a scan of the biographic and signature page in the electronic entry form or otherwise indicate that he or she is exempt from this requirement. Additionally, the Department is standardizing and amending its regulations to add the word ‘shall’ to simplify guidance for consular officers; ensure the use of the term ‘sex’ in lieu of ‘gender’; and replace the term ‘age’ in the DV Program regulations with the phrase ‘date of birth’ to accurately reflect the information collected and maintained by the Department during the immigrant visa process.”
Advocates say the shift toward using “sex” rather than “gender” in federal immigration rules reflects a broader push by the administration to roll back recognition of transgender identities in federal policy.
According to the National Center for Transgender Equality, an estimated 15,000 to 50,000 undocumented transgender immigrants currently live in the United States, with many entering the country to seek refuge from persecution and hostile governments in their home countries.
Florida
Fla. House passes ‘Anti-Diversity’ bill
Measure could open door to overturning local LGBTQ rights protections
The Florida House of Representatives on March 10 voted 77-37 to approve an “Anti-Diversity in Local Government” bill that opponents have called an extreme and sweeping measure that, among other things, could overturn local LGBTQ rights protections.
The House vote came six days after the Florida Senate voted 25-11 to pass the same bill, opening the way to send it to Republican Gov. Ron DeSantis, who supports the bill and has said he would sign it into law.
Equality Florida, a statewide LGBTQ advocacy organization that opposed the legislation, issued a statement saying the bill “would ban, repeal, and defund any local government programming, policy, or activity that provides ‘preferential treatment or special benefits’ or is designed or implemented with respect to race, color, sex, ethnicity, sexual orientation, or gender identity.”
The statement added that the bill would also threaten city and county officials with removal from office “for activities vaguely labeled as DEI,” with only limited exceptions.
“Written in broad and ambiguous language, the bill is the most extreme of its kind in the country, creating confusion and fear for local governments that recognize LGBTQ residents and other communities that contribute to strength and vibrancy of Florida cities,” the group said in a separate statement released on March 10.
The Miami Herald reports that state Sen. Clay Yarborough (R-Jacksonville), the lead sponsor of the bill in the Senate, said he added language to the bill that would allow the city of Orlando to continue to support the Pulse nightclub memorial, a site honoring 49 mostly LGBTQ people killed in the 2016 mass shooting at the LGBTQ nightclub.
But the Equality Florida statement expresses concern that the bill can be used to target LGBTQ programs and protections.
“Debate over the bill made expressly clear that LGBTQ people were a central target of the legislation,” the group’s statement says. “The public record, the bill sponsors’ own statements, and hours of legislative debate revealed the animus driving the effort to pressure local governments into pulling back from recognizing or resourcing programs targeting LGBTQ residents and other historically marginalized communities,” the statement says.
But the statement also notes that following outspoken requests by local officials, sponsors of the bill agreed to several amendments “ensuring local governments can continue to permit Pride festivals, even while navigating new restrictions on supporting or promoting them.”
The statement adds, “Florida’s LGBTQ community knows all too well how to fight back against unjust laws. Just as we did, following the passage of Florida’s notorious ‘Don’t Say Gay or Trans’ law, we will fight every step of the way to limit the impact of this legislation, including in the courts.”
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