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Senate committee agrees to hold hearing on ENDA

Panel will hear testimony on workplace discrimination June 12

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Sens. Jeff Merkley (left) and Mark Kirk are calling for Senate hearings on ENDA (Blade file photo by MIchael Key)

A Senate committee chair has agreed to hold a hearing on the Employment Non-Discrimination Act following calls for lawmakers to hear testimony on anti-LGBT workplace discrimination.

In a statement issued last week, Sen. Tom Harkin (D-Iowa), chair of the Senate Health, Education, Labor & Pensions Committee, announced he intends to hold a hearing on ENDA on June 12.

“Every American deserves an equal opportunity to earn a good living, judged by their talent, ability and qualifications free from discrimination,” Harkin said. “Workplace discrimination based on an employee’s sexual orientation or gender identity is reprehensible and has no place in our nation.”

Harkin continued, “This upcoming HELP Committee hearing will provide an excellent opportunity to build on the Committee’s previous work and help advance our shared goal of equal rights for all Americans. I am hopeful that working together, we will reach a point where lesbian, gay, bisexual and transgender persons enjoy the same rights and protections, and full equality, as all our fellow Americans.”

According to the statement, further details about the hearing will be made public at a later time. Justine Sessions, a HELP committee spokesperson, said she doesn’t have information yet on witnesses.

The hearing could be the first opportunity for a transgender witness to testify before the Senate on LGBT workplace discrimination. In 2009, the committee held a hearing on ENDA, but no testimony came from a transgender witness. Thomas Perez, assistant attorney general for the Justice Department’s Civil Rights Division, testified on behalf of the Obama administration in favor of ENDA.

The announcement follows growing calls for a hearing on ENDA. In a letter dated May 9, Merkley, the lead sponsor of ENDA in the Senate, as well as co-sponsors Mark Kirk (R-Ill), Robert Casey (D-Pa.), and Susan Collins (R-Maine) call for the committee to hold a hearing.

“As strong supporters of this legislation, we urge you to schedule a time for Committee members to consider this proposed legislation,” the senators write. “ENDA embodies the American ideal of fairness: employees should be judged on their skills and abilities in the workplace, and not on their sexual orientation or gender identity.”

Joe Solmonese, president of the Human Rights Campaign, joined the senators in a statement calling for the hearing on the same day.

“What matters in the workplace is how you do your job but unfortunately no federal law bans workplace discrimination on the basis of sexual orientation or gender identity,” Solmonese said. “We encourage the Senate HELP Committee to schedule a hearing on this critical bill.”

The Washington Blade reported in March that LGBT advocates were pushing for a Senate hearing on ENDA as well as a markup of the legislation to move it to the Senate floor. All Democrats on the panel are co-sponsors of the bill — in addition as Kirk — so the committee would almost certainly be able to report out the legislation to the floor.

The full text of the letter from the senators follows:

May 9, 2012

The Honorable Tom Harkin
Chairman
U.S. Senate Health, Education, Labor and Pension Committee

The Honorable Michael B. Enzi
Ranking Member
U.S. Senate Health, Education, Labor and Pensions Committee

Dear Chairman Harkin and Ranking Member Enzi:

We respectfully request that the Committee on Health, Education, Labor, and Pensions hold a legislative hearing to examine employment discrimination against lesbian, gay, bisexual, and transgender (LGBT) Americans to take testimony and consider acting on the Employment Non-Discrimination Act (S. 811).

As you know, employment discrimination has profound effects on the wages, job opportunities, productivity, and health of LGBT workers. The Employment Non-Discrimination Act (ENDA) takes a balanced approach to ending workplace discrimination against the LGBT community. Specifically, ENDA would prohibit most workplaces in the United States, with exemptions for religious institutions, private membership clubs and certain small businesses, from discriminating against potential and existing employees on the basis of their sexual orientation or gender identity. As strong supporters of this legislation, we urge you to schedule a time for Committee members to consider this proposed legislation.

ENDA embodies the American ideal of fairness: employees should be judged on their skills and abilities in the workplace, and not on their sexual orientation or gender identity. While some states prohibit public and private employment discrimination on the basis of sexual orientation and gender identity, recent studies have found evidence of continued widespread employment discrimination against LGBT people. Sadly, it is still legal for businesses in many states to fire someone based on their sexual orientation or gender identity.

We appreciate your past support for discussing this critical issue for millions of American workers, and we respectfully ask that you ensure an opportunity during this Congress for the full Committee to consider testimony on this bill.

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National

Advocacy groups issue US travel advisory ahead of World Cup

Renee Good’s death in Minneapolis among incidents cited

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(Photo by fifg/Bigstock)

More than 100 organizations have issued a travel advisory for the U.S. ahead of the 2026 World Cup.

The World Cup will take place in the U.S., Canada, and Mexico from June 11-July 19.

“In light of the deteriorating human rights situation in the United States and in the absence of meaningful action and concrete guarantees from FIFA, host cities, or the U.S. government, the undersigned organizations are issuing this travel advisory for fans, players, journalists, and other visitors traveling to and within the United States for the June 2026 FIFA Men’s World Cup. World Cup games will be played in 11 different cities across the United States, which, like many localities, have already been the target of the Trump administration’s violent and abusive immigration crackdown,” reads the advisory that the Council for Global Equality and other groups that include the American Civil Liberties Union issued on April 23.  “The impacts of these policies vary by locality.”

“While the Trump administration’s rising authoritarianism and increasing violence pose serious risks to all, those from immigrant communities, racial and ethnic minority groups, and LGBTQ+ individuals have been and continue to be disproportionately targeted and affected by the administration’s policies and, as such, are most vulnerable to serious harm when traveling to and/or within the United States,” it adds. “This travel advisory calls on fans, players, journalists, and other visitors to exercise caution.”

The advisory specifically mentions Renee Good.

A U.S. Immigration and Customs Enforcement agent on Jan. 7 shot and killed her in Minneapolis. Good, 37, left behind her wife and three children.

The full advisory can be read here.

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State Department

Democracy Forward files FOIA request for State Department bathroom policy records

April 20 memo outlined anti-transgender rule

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(Photo courtesy of the Library of Congress)

Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.

A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.

“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”

Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.

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Federal Government

House Republicans push nationwide ‘Don’t Say Gay’ bill

Measures would restrict federal funding for LGBTQ-affirming schools

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(Washington Blade photo by Michael Key)

Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.

Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.

The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.

The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.

It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”

LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.

A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.

Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.

David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.

“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”

This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.

The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.

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