National
Election results put LGBT advocates back on defense
Baldwin says chances ‘slim’ for ENDA in new Congress
In the wake of the seismic change brought about by Election Day results on Tuesday, supporters of LGBT rights are making new plans to advance their agenda in Congress as many signature bills now seem out of reach.
On Tuesday, the Republicans swept back into power by winning a majority of seats in the U.S. House and by shrinking the Democratic majority in the Senate.
CNN on Wednesday projected the GOP will take control of the U.S. House in the 112th Congress by winning at least 60 seats in the election — far more than the 39 seats the party needed to take control of the chamber.
House Minority Leader John Boehner (R-Ohio), who was given a score of “0” on the Human Rights Campaign’s most recent congressional scorecard, will likely replace House Speaker Nancy Pelosi (D-Calif.) in that role when Republicans come into power in the next Congress.
Democrats fared better in the Senate and retained control of the chamber. Many U.S. senators credited with being allies of the LGBT community, such as Majority Leader Harry Reid (D-Nev.) and Sen. Michael Bennet (D-Colo.), won re-election in tight races.
Still, Democrats in the Senate are left with a reduced majority and some LGBT allies, such as Sen. Russ Feingold (D-Wis.), were ousted by voters.
The major wins by the GOP raises serious doubts about moving big ticket pro-LGBT legislation — such as the Employment Non-Discrimination Act — in the next Congress.
Tammy Baldwin (D-Wis.), the only out lesbian in Congress, predicted the shift in control of the House will have a “very significant impact” on advancing pro-LGBT legislation.
“What I hope is that the Republican majority that takes over will not revert to its agenda of the last time they were in the majority, which put us frequently on the defense fighting back anti-gay measures,” she said.
Baldwin said the “chances are very slim” that ENDA or legislation providing partner benefits to federal workers would pass.
“I have seen no great signs that the Republicans who have been re-elected have changed their previous stances, and I certainly don’t feel like the new crop of candidates coming in are champions of gay rights,” she said.
Still, LGBT advocates say they see a path forward for advancing certain rights even with the challenge of Republican control of the House and reduced Democratic majorities in the Senate.
Fred Sainz, HRC’s vice president of communications, said the loss of the House will “certainly impede, but not entirely stop” his organization’s pursuit of LGBT rights through legislation.
Among the items that Sainz identified as having a chance for passing are legislation eliminating the tax penalty on employer-provided health benefits to same-sex partners. Sainz also said he sees a way forward for the Domestic Partner Benefits & Obligations Act.
“There could be space to pass something like a domestic partnership taxation bill, or even a [Domestic Partner Benefits & Obligations Act] bill,” Sainz said. “So, in terms of the federal legislative front, I think that that’s probably the best assessment at this point.”
Winnie Stachelberg, senior vice president for external affairs at the Center for American Progress, also said she sees room for the passage of tax equality legislation or a bill to extend partner benefits to federal workers.
“I think if you take a look at some of the issues around equality in benefits, equality in tax treatment — those are issues that I would make investments in and talk about when it comes to Congress,” she said.
Even though Democrats will be in the minority in the House, Sainz said HRC expects lawmakers to introduce major pro-LGBT legislation, such as ENDA and a bill that would repeal the Defense of Marriage Act.
Supporters of LGBT rights are also preparing for the possibility of anti-gay measures. Sainz said he expected “targeted attacks” with anti-LGBT bills and amendments in the Republican-controlled House.
“We will work to stop the legislative rollback at every turn,” Sainz said.
Which anti-gay measures might the House pursue? Sainz said he wouldn’t rule out the possibility of a federal constitutional amendment banning same-sex marriage.
“At the highest of levels, we may very well see another Federal Marriage Amendment,” Sainz said. “At probably the more opportunistic level, we may see things inserted into bills as amendments that may be harder to spot.”
Baldwin said LGBT advocates “need to be vigilant” and prepare for any number of anti-gay initiatives that might emerge from the House. Still, Baldwin said she thinks the passage of a Federal Marriage Amendment in the 112th Congress would be “unlikely.”
“I think that is unlikely simply because we still have the super majority requirements in the U.S. Senate, but it may come up, we will have to see,” she said.
Stachelberg said the Republican pledge to repeal the health care reform law should also be seen as an anti-gay initiative. Among other things, the law prohibits insurance companies from discriminating based on HIV status.
“Our community needs to be as vocal as any in beating back those efforts to repeal the health care bill,” Stachelberg said. “It would be devastating to our community.”
The Republican takeover of Congress has also augmented the sense of urgency around finishing legislative work on repealing “Don’t Ask, Don’t Tell” this year while Democrats control Congress.
Alex Nicholson, executive director of Servicemembers United, said the results on Election Day “underscore the urgent need” to wrap up efforts on repealing the military’s gay ban. A repeal measure is included as part of major defense budget legislation currently pending before the Senate.
“It would be a huge blow, not only to ‘Don’t Ask, Don’t Tell’ repeal advocates but also to defense contractors and military families, if we don’t get an authorization bill by the end of the year,” Nicholson said.
Nicholson said an “abdication” of the authorization of funds for new defense expenditures and personnel measures would be “unthinkable.”
“This Congress should not want to end its term with that enormous failure on its shoulders,” Nicholson said.
Baldwin also emphasized the importance of the lame duck session in moving forward with “Don’t Ask, Don’t Tell” repeal — although she characterized the Senate’s chances of passing repeal as only “possible.”
“My hope is that since the lame duck will occur with the hold over incumbents, that they can work their way through a filibuster or avoid a filibuster and resolve to pass legislation that would repeal ‘Don’t Ask, Don’t Tell,’” she said.
Many see passage of “Don’t Ask, Don’t Tell” in the lame duck session of Congress before Republicans take control as a challenge. One Democratic aide, who spoke on the condition of anonymity, said a lot has to come into alignment for the Senate to pass such legislation.
“The political climate during the lame duck session will be toxic,” the aide said. “Passage of the defense bill will require all the stars aligning. And it will be impossible to pass this bill without the active support and pressure from President Obama and Defense Secretary Robert Gates.”
With pro-LGBT initiatives possibly tied up for at least the next two years, many advocates are looking more closely at the Obama administration to make changes.
Stachelberg said the LGBT community needs to consider “a range” of ways to address inequality, including non-congressional action.
“Congress is part of that, for sure, but it would be terribly short-sighted if we didn’t invest in efforts to … build on the success that this administration has begun to develop with respect to the executive branch,” she said.
Among the administrative changes that Stachelberg said could be explored are regulatory changes, data collection, non-discrimination policies and funding streams.
Sainz said HRC would continue to push for non-legislative changes from the Obama administration.
“Where federal policy changes are concerned, we believe that non-legislative policy changes will become our continued avenue for progress at the federal level,” Sainz said. “That’s where we’re going to put an awful lot of resources over the next few years.”
According to an HRC document provided by Sainz, among the policy changes the organization is seeking from the administration is LGBT inclusion in health care reform implementation.
Specifically, HRC wants the Department of Health & Human Services to ensure that:
• health disparity and data collection efforts include sexual orientation and gender identity;
• state health insurance exchanges provide coverage available to same-sex partners and their children;
• and benefits packages that insurance plans offer don’t exclude treatments for gender transition.
Another policy change that HRC is seeking is ensuring that LGBT families are included in federal disaster relief.
According to HRC, LGBT families affected by Hurricane Katrina in 2005 were excluded from government services and subjected to anti-gay harassment in shelter facilities. HRC also asserts same-sex couples had difficulty obtaining housing or relief payments.
Consequently, HRC is urging urged the Department of Homeland Security and the Federal Emergency Management Agency to adopt policies barring discrimination against LGBT people and to ensure that their families can receive household aid.
Editor’s note: Tammy Baldwin photo is a Blade file photo by Michael Key
Federal Government
Protesters say SAVE Act targets voters, transgender youth
Bill described as ‘Jim Crow 2.0’
Members of Congress, advocates, and people from across the country gathered outside the U.S. Capitol on Tuesday to protest proposed federal legislation that voting rights activists have deemed “Jim Crow 2.0.”
The Safeguard American Voter Eligibility (SAVE) Act would amend the National Voter Registration Act of 1993 to require in-person proof of citizenship for anyone seeking to vote in U.S. elections.
President Donald Trump has also pushed for the proposed legislation to include a section that would ban gender-affirming medical care for transgender minors, even with parental consent, and prohibit trans people from participating in school or professional sports consistent with their gender identity rather than their sex assigned at birth.
In addition to changing voter registration requirements, the bill would limit acceptable forms of identification to documents such as a birth certificate or passport — records that the Brennan Center for Justice estimates more than 21 million Americans do not have — effectively restricting access to the ballot. It would also ban online voter registration, DMV voter registration efforts, and mail-in voter registration.
A 2021 investigation by the Associated Press found that fewer than 475 people voted illegally or improperly, a tiny fraction of the estimated 160 million Americans who voted in the 2020 election.
Senate Minority Leader Chuck Schumer (D-N.Y.) spoke at the event.
“It will kick millions of American citizens off the rolls. And they don’t even require you to be told,” the highest-ranking Democrat in the Senate told protesters and reporters outside the Capitol. “If this law passes — and it won’t — you’re gonna show up in November … and they’ll say… sorry, you’re no longer on the voting rolls.”
He, like many other speakers, emphasized the bill in the context of American history, pointing to what he described as its racist roots and its impact on Black and brown Americans.
“I have called this act, over and over again, Jim Crow 2.0 … because they know it’s the truth.”
U.S. Sen. Alex Padilla (D-Calif.) was one of the lawmakers leading opposition to the legislation and spoke at the rally.
“It’s not just voting rights that are on the line — our democracy is on the line,” the California lawmaker said. “It’s not a voter I.D. bill. It’s a bait and switch bill.”
He added historical context, noting the significance of voting rights legislation passed more than 60 years ago. In 1965, Alabama civil rights activists marched to protest barriers to voter registration. Alabama state troopers violently attacked peaceful demonstrators at the Edmund Pettus Bridge in Selma, using tear gas, clubs, and whips against more than 500 — mostly Black — protesters.
“61 years ago — not to the day — but this week, President Lyndon Johnson came to the Capitol and addressed a joint session of Congress in the wake of Bloody Sunday and pushed Congress to pass the Voting Rights Act,” Padilla said. “61 years later, Donald Trump and this Republican majority wants to take us backwards. We’re not gonna let that happen.”
U.S. Sen. Ben Ray Luján (D-N.M.) also spoke, emphasizing that he views the effort as a Republican-led and Trump-backed attempt to restrict voting access, particularly among Black, brown, and predominantly Democratic communities.
“President Trump told Republicans when they were meeting behind closed doors that ‘The SAVE Act will guarantee Republicans win the midterms and ensure they do not lose an election for 50 years,’” Luján said. “The first time I think Donald Trump’s been honest … This voter suppression bill is only that. Taking away vote by mail? I hope my Republican colleagues from states that voted for Donald Trump or where vote by mail is popular have the courage and the backbone to stand up and say no to this nonsense, because their constituents are going to push back.”
U.S. Sen. Lisa Blunt Rochester (D-Del.) also spoke.
“Our Republican colleagues have already cut Medicaid, Medicare, people don’t know how they’re gonna be able to afford energy,” she said, providing context for the broader political moment. “We’re in the middle of a war that they can’t even get straight while we’re in it and don’t have a way to get out of it. And we are now faced with defending our democracy?”
She then showed the crowd something that she said has been with her throughout her political journey in Washington.
“I brought with me something that I carried on the day that I was sworn into the House of Representatives when I was elected in 2016, and I carried it with me on the day that I was sworn in as United States senator. And I also carried it with me when I was trapped up in the gallery on Jan. 6 and all I could think to do was pray … This document allowed my great great great grandfather, who had been enslaved in Georgia, to have the right to vote. We took this and turned it into a scarf. It is the returns of qualified voters and reconstruction code from 1867. This is my proof of what we’ve been through. This is also our inspiration.”
“I got to travel between the Edmund Pettus Bridge two times. And even as I thought about this moment, I recognized that while we wish we weren’t in it, while we don’t know why we’re in it, I do know we were made for it … So I came today to tell you that, um, just like the leader said, that he calls it Jim Crow 2.0. I call it Jim Crow 2.NO.”
Kelley Robinson, president of the Human Rights Campaign, the largest LGBTQ advocacy organization in the U.S., also spoke, highlighting the impact of the bill’s proposed provisions affecting trans people.
“This bill is not about saving America. This bill is about stealing an election. This bill is about suppressing voters,” Robinson said. “This bill not only tries to disenfranchise voters that deserve their right to vote, it also tries to criminalize trans kids and their families … It tries to criminalize doctors providing medically necessary care for our trans youth.”
The SAVE Act passed the U.S. House of Representatives on Feb. 11 but has not yet been considered in the U.S. Senate.
Idaho
Idaho advances bill to restrict bathroom access for transgender residents
HB 752 passed in state House of Representatives on Monday
The Idaho House of Representatives passed House Bill 752 on Monday, a measure that would make it a crime for a person to use a bathroom other than the one designated for their “biological sex.”
The story was first reported by the Idaho Capitol Sun after the bill cleared the House.
House Bill 752 would make it a criminal offense — either a misdemeanor or a felony, depending on the number of prior offenses — for individuals who “knowingly and willfully” enter a bathroom or changing room designated for the opposite sex.
The bill would apply to public buildings, including government-owned spaces, and places of “public accommodation,” a category that includes private businesses.
According to the bill’s text, it would “prohibit a person from entering a restroom or changing room designated for the opposite sex; provide a penalty; provide exceptions; define terms; and declare an emergency and provide an effective date.”
A first offense would be a misdemeanor, punishable by up to one year in prison. A second or subsequent offense within five years would be a felony, punishable by up to five years in prison.
The bill passed in a 54–15 vote on Monday. Six Republicans broke with their party’s majority to join nine Democrats in opposing the measure.
The bill’s sponsor, state Rep. Cornel Rasor, a Republican from Sagle near the Washington-Idaho border, told House lawmakers that the legislation is intended to protect women and girls.
“It prevents discomfort and voyeurism escalation and assaults, while preserving single-user options and narrow exceptions so no one is denied access for emergency aid,” Rasor said.
State Rep. Chris Mathias, a Democrat from Boise, disagreed, arguing that the legislation would unfairly target transgender Idahoans.
“The truth of the matter is — and I know a lot of people don’t want to say it — but forcing people who don’t look like the sex they were assigned at birth, or transgender folks, to use other people’s bathrooms is going to put a lot of people in danger,” Mathias said.
The Idaho American Civil Liberties Union made a statement about the bill following its passage.
“Idaho lawmakers continue pushing these harmful, invasive bathroom laws, yet cannot present credible evidence that transgender people using gender-aligned bathrooms threaten public safety,” the Idaho ACLU said. “The bill does nothing to address real criminal acts, such as sexual assault or voyeurism, and disregards concerns from law enforcement about the burden enforcement would place on local resources.”
In addition to human rights advocates, who have spoken out against similar bills advancing in state legislatures across the country, Idaho law enforcement groups have also opposed the measure. They argue that the way the legislation is written would “pose significant practical enforcement challenges,” noting that officers are tasked with maintaining public safety — not conducting gender checks or policing bathroom access.
During a committee hearing last week, law enforcement representatives and several trans Idahoans testified that the bill would make many residents less safe.
“Officers responding to a complaint would be placed in the difficult position of determining an individual’s biological sex in order to enforce the statute,” Idaho Fraternal Order of Police President Bryan Lovell wrote. “In many circumstances, there is no clear or reasonable way for officers to make that determination without engaging in questioning or investigative actions that could be viewed as invasive and inappropriate.”
The Idaho Sheriffs’ Association requested that lawmakers amend the bill to require that individuals be given an opportunity to leave a bathroom immediately before facing potential prosecution.
The bill now heads to the Idaho Senate for consideration. To become law, it must pass both chambers and avoid a veto from the governor.
A separate bathroom bill, House Bill 607, which would be enforced through civil lawsuits, passed the House last month but has not yet received a committee hearing in the Senate.
State Department
Report: US to withhold HIV aid to Zambia unless mineral access expanded
New York Times obtained Secretary of State Marco Rubio memo
The State Department is reportedly considering withholding assistance for Zambians with HIV unless the country’s government allows the U.S. to access more of its minerals.
The New York Times on Monday reported Secretary of State Marco Rubio in a memo to State Department’s Bureau of African Affairs staffers wrote the U.S. “will only secure our priorities by demonstrating willingness to publicly take support away from Zambia on a massive scale.” The newspaper said it obtained a copy of the letter.
Zambia is a country in southern Africa that borders Tanzania, Malawi, Mozambique, Zimbabwe, Botswana, Namibia, Angola, and the Democratic Republic of Congo.
The Times notes upwards of 1.3 million Zambians receive daily HIV medications through PEPFAR. The newspaper reported Rubio in his memo said the Trump-Vance administration could “significantly cut assistance” as soon as May.
“Reports of (the) State Department withholding lifesaving HIV treatment in return for mining concessions in Zambia does not make us safer, stronger, or more prosperous,” said U.S. Sen. Jeanne Shaheen (D-N.H.), the ranking member of the Senate Foreign Relations Committee, on Tuesday. “Monetizing innocent people’s lives further undermines U.S. global leadership and is just plain wrong.”
The Washington Blade has reached out to the State Department for comment.
Zambia received breakthrough HIV prevention drug through PEPFAR
Rubio on Jan. 28, 2025, issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during a freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, 2025, has severely impacted their work.
The State Department last September announced PEPFAR will distribute lenacapavir in countries with high prevalence rates. Zambia two months later received the first doses of the breakthrough HIV prevention drug.
Kenya and Uganda are among the African countries have signed health agreements with the U.S. since the Trump-Vance administration took office.
The Times notes the countries that signed these agreements pledged to increase health spending. The Blade last month reported LGBTQ rights groups have questioned whether these agreements will lead to further exclusion and government-sanctioned discrimination based on sexual orientation and gender identity.
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