National
ENDA passage effort renewed with Senate introduction
Merkley backs exec order barring LGBT job bias
Sens. Jeff Merkley (left) and Mark Kirk introduced ENDA in the Senate on Thursday (Blade photo by MIchael Key)
The junior senator from Oregon introduced the Employment Non-Discrimination Act in the U.S. Senate on Thursday as he voiced support for an executive order that would bar the federal government from contracting with companies that don’t have their own workplace protections for LGBT people.
Sen. Jeff Merkley (D-Ore.) endorsed the idea of an executive order an as interim alternative to passing ENDA during a news conference on Capitol Hill in response to a question from the Washington Blade after he announced the Senate introduction of the legislation
“Certainly, I share the perspective that it would be tremendous to accomplish this by legislation,” Merkley said. “But I also feel that this is a conversation that is going to reverberate at a number of levels. You have counties, you have state action and certainly, I feel, it’s a legitimate possibility, and I would support the president saying that contractors who are beneficiaries of federal funds should in fact practice non-discrimination, so I would support that.”
The executive order endorsed by Merkley has been seen as an interim alternative to ENDA passage while Republicans are in control of the House and progress on the measure in the lower chamber of Congress is unlikely. The White House hasn’t said one way or the other whether Obama would be open to issuing such a directive. Last month, Gay Rep. Jared Polis (D-Colo.) also expressed support for the executive order.
However, Sen. Mark Kirk (R-Ill.), an original co-sponsor of ENDA who was present at the conference, didn’t offer the same support for an executive order that was voiced by Merkley.
“I would just say when you have executive action without the statute, then quickly that would be wiped out by the next administration,” Kirk said. “The best way to go is a statute where you have a stable decision that can only be overturned by a subsequent act of Congress.”
Kirk also advised against an executive order because of what he said was a “tremendous of uncertainty right now” in the U.S. economy, which is still climbing its way out of recession.
“If we load executive order upon executive order, all which would be wiped out the day after the president of the other party takes power, you really haven’t advanced the ball much,” Kirk said. “That’s why the legislation is absolutely necessary.”
Merkley endorsed the executive order on the same day he introduced ENDA to the Senate, which as of the end of Thursday had 38 co-sponsors. The legislation would bar job discrimination against LGBT people in most situations in the public and private workforce.
Job discrimination on the basis of sexual orientation is legal in 29 states and legal in 38 states on the basis of gender identity. More than 85 percent of Fortune 500 companies already have their own workplace protections based on sexual orientation and more than one-third on the basis of gender identity.
Merkley said passage of ENDA is necessary because the “right to work and earn a living” for all Americans — including LGBT people — is a “fundamental right.”
“It is essential to the success of an individual, it is essential to the success of a family,” Merkley said. “It’s certainly essential to the pursuit of happiness — that value that we place right up front in our Declaration of Independence — and it’s part and parcel of equality under the law.”
Kirk said his support for ENDA, which puts him in the minority among Republicans, fits his model of public service in the image of the late U.S. Senator from Illinois Everett Dirksen, whom Kirk described as a “strong national security conservative, fiscal conservative and social moderate.”
“It was Sen. Dirksen that clinched the deal on the [1964] Civil Rights Act,” Kirk said. “I see this legislation as in that tradition to make sure that our country is a country not of equal outcomes, which would be a Communist state, but of equal opportunities, and to make sure that everyone has that opportunity regardless of orientation.”
A number of LGBT advocacy groups issued a statements on Thursday praising Merkley for introducing ENDA and calling on Congress to take action to pass the legislation.
Joe Solmonese, president of the Human Rights Campaign, said ENDA passage is essential to ensure LGBT Americans have equal access to the American workplace.
“In today’s economy job security is important to all Americans, especially LGBT people who can be fired for no other reason than their sexual orientation or gender identity,” Solmonese said. “Passing ENDA is essential to ensuring that all Americans have an equal opportunity to work and contribute to this country’s economy.”
Jeff Krehely, director of the LGBT Research at the Center for American Progress Action Fund, pointed to a 2009 Out & Equal Workplace Survey that found that 44 percent of gay, lesbian, and bisexual people have said they’ve faced workplace discrimination and at least 47 percent of transgender people have made the same claim.
“ENDA will help end this discrimination by requiring workplaces to make their hiring and firing decisions based on a person’s ability to get the job done, and not irrelevant factors such as their sexual orientation or gender identity,” Krehely said.
Shin Inouye, a White House spokesperson, also reiterated President Obama’s support for passage of ENDA and noted the administration’s previous efforts in pushing for the legislation.
“The president’s support for an inclusive ENDA is well established,” Inouye said. “It’s worth noting that last Congress, when [Equal Employment Opportunity Commission] Acting Chairman Stuart Ishimaru testified on behalf of the Obama administration on ENDA before the House Education & Labor Committee, it was the first time that any administration offered its support for this legislation.”
Despite the enthusiasm behind ENDA, most Capitol Hill observers says the legislation’s prospects for passage during the 112th Congress are slim at best. Last week, Rep. Barney Frank, a gay lawmaker, introduced the House version of ENDA as he categorically said the legislation wouldn’t pass with Republicans in control of the House.
A Senate Democratic aide, who spoke on condition of anonymity, was pessimistic about the chances of passing ENDA even in the Democratic-controlled Senate.
“The prospects for passing ENDA in the Senate during the 112th Congress are not great, unless there is a major push from President Obama,” the aide said. “The Senate is narrowly controlled by Democrats, who generally will support ENDA. But unless there are enough common-sense Republicans who can help bring the total to 60 votes to overcome a Republican filibuster, ENDA won’t pass the Senate.”
Despite the challenges facing ENDA passage, the notable Republican support the legislation upon introduction could be a sign of hope. Three GOP senators — Kirk, Sen. Susan Collins (R-Maine) and Olympia Snowe (R-Maine) signed on — have signed on as original co-sponsors.
Kirk said he’s hopeful that he can find enough Republican support for the legislation to reach the 60-vote threshold necessary to end a filibuster if the legislation came to the Senate floor.
“I asked Sen. Merkley, ‘Let’s start this out very balanced with members that have reputations to be able to move legislation, and I think we’ve done that today,'” Kirk said.
R. Clarke Cooper, executive director of Log Cabin Republicans, said he talked with Kirk following ENDA’s introduction about finding sufficient Republican support to move forward with ENDA and was told “the votes are there” for passage.
“Our conversation was Senate focused, but could apply to the House as well,” Cooper said.
One possible strategy for passing ENDA in the Senate would be attaching it as an amendment to another legislative vehicle. Such a move could enhance ENDA’s chances for passage because standalone legislation could be vulnerable to hostile amendments on the Senate floor.
The anonymous Senate Democratic aide said ENDA would be fare better as an amendment on the Senate floor as opposed to standalone legislation because “any stand alone bills are tough to pass in the Senate these days.”
During the news conference, Kirk suggested that plans are in place to pass ENDA in the Senate as an amendment to another vehicle. The Illinois senator said he wants to move the legislation “as I’m now learning, hopefully by amendment.”
Following Kirk’s remark, Merkley said ENDA’s proponents have “no specific plans” to pass the legislation as an amendment to another bill at this time, but are on the lookout for potential opportunities to pass legislation that “may have trouble getting to the floor as a freestanding piece.”
Asked whether there would any candidates for legislation that would serve as vehicles for ENDA, Merkley replied, “If only I could forecast all the bills that are going to be on the floor.”
Whatever the prospects for pushing ENDA through both chambers of Congress, LGBT advocates are hoping for progress at least in the committee that holds jurisdiction over ENDA. Supporters of the legislation are already calling on Senate Health, Education, Labor and Pensions Committee Chair Tom Harkin (D-Iowa), an original co-sponsor of the legislation, to hold a hearing on the legislation during the 112th Congress.
Tico Almeida, a civil rights litigator at Sanford, Wittels & Heisler in D.C., said a Senate hearing on ENDA would allow LGBT victims of workplace discrimination a public venue to tell their stories.
“Sen. Tom Harkin, chairman of the Senate [HELP] Committee, can and should organize an ENDA hearing during the upcoming year,” Almeida said. “He can and should call one or more transgender Americans to testify at that hearing,”
In response to calls for a hearing, Justine Sessions, a Harkin spokesperson, said is committed to working with Merkley and other co-sponsors to move the legislation forward.
Merkley said he’s spoken with Harkin about an ENDA committee hearing or markup and said he’s “working with him and committee staff about that direction.”
The Oregon senator recalled that in 2009, Harkin held the an committee hearing on ENDA in which Assistant Attorney General Thomas Perez, head of the Civil Rights Division of the Justice Department, represented the Obama administration during the hearing.
South Carolina
Who might replace Lindsey Graham? The contenders and their LGBTQ records
Long-time SC senator died suddenly on Saturday.
Republican U.S. Sen. Lindsey Graham (R-S.C.) has died, and what he has left behind is a power vacuum for his U.S. Senate seat — and within the Republican Party.
The South Carolina senator had been a major part of Republican politics up until his Saturday death at his home in Washington, reportedly of an aortic dissection related to arteriosclerotic cardiovascular disease.
Graham has been a fixture in government at both the state and federal level. He began his political career in the South Carolina House of Representatives in 1992, representing the Palmetto State’s 2nd District before eventually moving to the federal government.
He moved up to Capitol Hill after his 1994 run for the U.S. House of Representatives. In 2003 he stepped across the rotunda to the Senate in 2003 following the retirement of longtime U.S. Sen. Strom Thurmond.
He consistently opposed LGBTQ rights while alive.
He voted against the 2022 Respect for Marriage Act, saying the decision should be left up to state governments, and the 2013 Employment Non-Discrimination Act, and opposed the repeal of Don’t Ask, Don’t Tell.
With Graham’s sudden passing, the Republican Party is scrambling to find a replacement who can advance both its goals and those of the president as Republicans’ supermajority in the federal government begins to shrink.
Among those reportedly in the running is Treasury Secretary Scott Bessent, the highest-ranking openly LGBTQ federal official in American history and fifth in the presidential line of succession.
Bessent, a South Carolina native, was formerly a supporter of the Democratic Party and donated to several Democratic presidential candidates before switching parties in 2017 following Trump’s election in 2016. He later donated $1 million to Trump’s 2017 presidential inaugural committee.
On Sunday, Bessent was also fielding calls from people asking him to run, according to a person familiar with the communications. A person close to Bessent told Politico that he is not interested in the seat, saying he is happy in his role as Treasury secretary, a position he has long wanted.
The Washington Blade reached out to the Treasury Department for comment, but did not receive a response by publication time.
One of the most anticipated and widely discussed names for the vacant Senate seat is Lt. Gov. Pamela Evette.
Evette is a staunch supporter of President Donald Trump and has gone as far as criticizing Republicans for not supporting the conspiracy theory that the 2020 presidential election was stolen. Trump also endorsed her gubernatorial campaign, though she ultimately lost to her now-boss, Gov. Henry McMaster.
McMaster has a long history of opposing LGBTQ rights.
During an October 2022 gubernatorial debate, McMaster said that if the U.S. Supreme Court overturned Obergefell v. Hodges, he would enforce South Carolina’s preexisting law banning same-sex marriage. In 2022, he also signed legislation requiring student athletes from elementary school through college to compete on teams corresponding to the sex listed on their birth certificates.
Other names reportedly being considered include U.S. Rep. Nancy Mace (R-S.C.), who has had a contentious relationship with LGBTQ issues during her time in Congress. She began as a supporter of LGBTQ rights, becoming one of the few Republicans to publicly support the Respect for Marriage Act, before making a complete about-face as transgender issues became a central part of the Republican Party’s political strategy.
As part of that strategy, Mace introduced a resolution to ban trans women from using female restrooms in the U.S. Capitol, a move she acknowledged was in direct response to the election of U.S. Rep. Sarah McBride (D-Del.), the first out trans person elected to Congress.
In a November 2024 post on X, Mace wrote: “We support gay marriage, and voted for the Respect for Marriage Act twice. However, if you think protecting women is discrimination, you are the problem. We don’t care if you’re trans, if you have balls we don’t want you in the women’s bathroom.”
Two other names being floated are U.S. Rep. Russell Fry, who represents South Carolina’s 7th Congressional District, and U.S. Rep. Ralph Norman, who represents the state’s 5th Congressional District.
Trump recommended Graham’s sister, Darline Graham, should serve as the state’s temporary senator in a post on Truth Social on Monday.
“This would be a fabulous tribute to Lindsey, who loved her dearly!” Trump wrote on his social network.
The scramble comes as Republicans hold increasingly narrow majorities over Democrats in both the Senate and House, potentially complicating efforts to advance Trump’s agenda. That agenda includes continuing the war in Iran, securing Todd Blanche’s confirmation as attorney general, and adding $350 billion in defense spending to the SAVE America Act — a controversial proposal deemed a “Jim Crow 2.0” among voting rights advocates.
McMaster is expected to announce Graham’s interim replacement on Monday at 4 p.m.
Florida
Gay Fla. Democrat Elijah Manley sees opportunity in Trump’s second term
State’s 20th Congressional District’s includes Broward, Palm Beach Counties
Just over two and a half miles from President Donald Trump’s primary residence lies one of Florida’s most reliably Democratic congressional districts. There, a 27-year-old progressive is mounting a campaign centered on resisting what he calls the Trump-Vance administration’s attacks on civil rights, immigrants, and LGBTQ Americans.
Elijah Manley, an openly gay Democrat, sat down with the Washington Blade to discuss why he is running for Florida’s 20th Congressional District, why he believes this moment calls for a new generation of leadership, and what he hopes to accomplish if elected to Congress.
Born and raised in Fort Lauderdale’s historic Sistrunk neighborhood — the city’s oldest African American community — Manley was raised by a single mother who struggled to make ends meet. His family experienced housing insecurity and, at one point, homelessness, experiences he says continue to shape both his politics and his policy priorities.
For Manley, those experiences are precisely what he believes Congress is missing.
“I think now the country is in need of somebody like me, with my story, my lived experience, the struggles I’ve been through in my life. We’re going through a really dark time in the country with the Trump administration coming for our civil rights and an economy that is not working for everybody. In a time where we have MAGA fascism, we need progressive leadership, and we need people who are really going to do the work of fighting back and resisting and obstructing Donald Trump and MAGA Republicans’ agenda in Congress.”
Manley said his campaign is also about ensuring people from marginalized communities — those without wealth, political connections, or institutional backing — have a voice in Congress.
“I think my story sets me aside from everyone else. I’m the only one in this race who has a story to tell voters that lines up with their lived experiences and their struggles. Growing up in poverty and experiencing homelessness was instrumental in developing my worldview and how I fight for people, and I think that’s something that’s absent on Capitol Hill.”
He argues that lived experience offers a perspective often missing on Capitol Hill.
“There are too many lawyers and people coming from professional and political backgrounds. Then you have somebody like me who is rooted in the story of this district. That’s what sets me apart from everyone else in this race.”
According to his campaign website, Manley’s interest in public service dates back to childhood. He cites the election of President Barack Obama as a defining moment that inspired him to pursue politics.
“He was inspired by Barack Obama’s historic election, igniting his passion for public service. He began writing to elected officials, speaking at school board and city council meetings, and advocating for issues affecting his community,” the website states. It goes on to describe his involvement in criminal justice and law magnet programs, Navy JROTC, and hundreds of hours of volunteer service while in high school.
As an openly gay candidate running during Trump’s second administration, Manley said Congress must take a far more aggressive approach to protecting LGBTQ Americans, particularly as Republican-led states continue passing restrictions targeting transgender people.
“I think we need to bring the hammer down on some of these states. I’m not one of these states’ rights people — Congress has the power to preempt laws that states pass through the Supremacy Clause. There’s never been a more important time in our history when we’re seeing fascism, we’re seeing an administration out of control, and we need Congress to act.”
His campaign has also drawn criticism from both Republicans and establishment Democrats for his positions on Gaza, immigration, and his call to abolish U.S. Immigration and Customs Enforcement.
Manley said abolishing ICE does not mean eliminating immigration enforcement altogether.
“I’m not saying there should be no immigration laws. We want laws around immigration, but we want dignity. We don’t need a hypermilitarized, paramilitary group chasing people through the streets, terrorizing communities, churches, schools, and families.”
His personal experiences also inform his healthcare agenda.
“When we talk about healthcare, my experience growing up on Medicaid is seeing the failure of the government to expand Medicaid here in Florida, and now we’re seeing cuts from the Trump administration. I’m not just looking at statistics or numbers on paper — this is based on lived experience. I know how the people in this district are going to be hurt by these policies because I’ve lived it.”
California Democratic Congressman Ro Khanna, who has generated early buzz as a potential 2028 presidential contender for his “progressive capitalist” approach to governing, has endorsed Manley’s campaign, giving the first-time congressional candidate one of his highest-profile endorsements.
Manley faces six other Democrats in the primary, including U.S. Rep. Debbie Wasserman Schultz and former U.S. Rep. Sheila Cherfilus-McCormick, along with four Republican candidates in the general election field. Cherfilus-McCormick resigned from Congress ahead of a potential expulsion and is running again while facing federal criminal charges.
Despite running as the youngest candidate in the field, Manley said he hopes voters leave the race remembering one thing above all else.
“I want people to remember bold and authentic leadership. I want them to know I’m running because I’ve been through what people are going through right now — and it’s not that I’ve been through it, I’m actually still going through it. We need bold people who are going to fight for everybody and stand up for what’s right, and that’s what I hope voters see when they go to the polls.”
Florida
Former Fla. gubernatorial candidate Andrew Gillum arrested on drug charges
Democrat narrowly lost to DeSantis in 2018, later came out as bisexual
Andrew Gillum, the former Democratic nominee for governor of Florida and former mayor of Tallahassee, was arrested on drug possession charges in Alabama last week.
Police in Daphne, Ala., said they pulled Gillum over for erratic driving and found marijuana and methamphetamine in his vehicle. He was charged with possession of marijuana and unlawful possession of a controlled substance, according to the Daphne Police Department. Jail records show he was arrested on July 2 and released on July 3, the Associated Press reports.
Gillum, the first Black nominee of a major political party for governor in Florida, lost the 2018 election to current Republican Gov. Ron DeSantis in a highly contentious race.
Once considered a rising star in national politics, Gillum served in Tallahassee’s local government, first as a city commissioner and then as mayor of Florida’s capital from 2014- 2018.
The Daphne Police Department said officers stopped Gillum’s vehicle around 10:45 p.m. and initiated a probable cause search after one officer noticed a glass pipe on the center console.
During the search, officers found several rolled marijuana cigarettes and three packages containing a substance that tested positive for methamphetamine, police said.
The day after his arrest he was charged with possession of dangerous drugs, use or possession of drug paraphernalia, and possession of marijuana.
In 2020, Gillum was involved in a similar incident when he was found in a Miami Beach, Fla., hotel room with a man identified as an escort who had apparently overdosed on drugs. Police also found three bags of suspected crystal methamphetamine in the room. The man survived, and no one was ever charged with a crime.
Later that year, Gillum came out as bisexual during an appearance on “The Tamron Hall Show,” where he discussed his struggles with drug and alcohol addiction and his decision to seek treatment following the 2020 incident.
In the same interview he shed light onto this, saying his substance use was a byproduct of the emotional struggles he experienced after losing the 2018 gubernatorial race to DeSantis.
This is not the first time Gillum has faced legal scrutiny.
During his 2014 mayoral campaign, he faced allegations of misconduct after hiring private equity investor Adam Corey as his campaign treasurer, raising questions about a potential conflict of interest. However, the FBI ultimately concluded there was no conflict of interest.
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