News
HISTORIC: SENATE PASSES ENDA
10 Republicans join 54 Dems to approve pro-LGBT bill for first time

Sen. Tammy Baldwin (D-Wis.) is among the supporters of the Employment Non-Discrimination Act (Washington Blade photo by Michael Key).
For the first time in history, the U.S. Senate approved with bipartisan support a long sought piece of legislation that would bar employers from discriminating against or firing workers based on their sexual orientation or gender identity.
By a vote of 64-32, the Employment Non-Discrimination Act passed the Senate, marking the first time that either chamber of Congress has passed a version of the bill with protections for transgender workers.
A total of 10 Republicans voted in favor of the bill: Sens. Orrin Hatch (R-Utah), Susan Collins (R-Maine), Mark Kirk (R-Ill.), Rob Portman (R-Ohio), Pat Toomey (R-Pa.), Dean Heller (R-Nev.), Kelly Ayotte (R-N.H.), John McCain (R-Ariz.), Jeff Flake (R-Ariz.) and Lisa Murkowski (R-Alaska). All 54 Democrats present voted in favor of the legislation.
The vote also marks a turnaround for the Senate. In 1996, a version of ENDA came to the floor as part of a deal to bring up the Defense of Marriage Act for a vote, but the pro-gay bill failed at that time.
Prior to the vote, Sen. Jeff Merkley (D-Ore.), ENDA’s chief sponsor, delivered a speech on the Senate floor recognizing the historic nature of the moment.
“I look forward to this vote, this vote for liberty, this vote for freedom, this vote for opportunity, this vote for a fair and just America,” Merkley said.
Merkley also recognized the “champions of liberty” he said helped move ENDA forward like lesbian Sen. Tammy Baldwin (D-Wis.), Sen. Tom Harkin (D-Iowa) and Republican senators who joined in support of the bill.
Senators approved ENDA after three days of debate on the legislation, which began on Monday morning. Many senators spoke out in favor of the legislation ranging from Democrats like Sens. Barbara Boxer (D-Calif.) and Sherrod Brown (D-Ohio) to Republicans like Sens. Susan Collins (R-Maine) and Kelly Ayotte (R-N.H.).
Sen. Al Franken (D-Minn.) invoked the LGBT non-discrimination law in Minnesota as evidence the country can enact a similar statute on a nationwide basis.
“We have had this law in place for over 20 years in Minnesota, and what has been the effect?” Franken said. “For LGBT Minnesotans, it has meant that they don’t have to live in fear of being fired, or discriminated against in hiring, just because of who they are or whom they love. That is a big deal.”
The only senator to speak out in opposition to the legislation was Sen. Dan Coats (R-Ind.). On Thursday morning, Coats said he couldn’t bring himself to support ENDA out of concern for religious liberties of employers — despite the exemption in the bill for religious institutions.
“I oppose discrimination of any kind, and that includes discrimination of individuals or institutions for their faith and values, which often gets lost and has been lost in this discussion,” Coats said. “So there’s two types of discrimination here we’re dealing with and one of those goes to the very fundamental right granted to every American through our Constitution, a cherished value of freedom of expression and religion. And I believe this bill diminishes that freedom.”
Flake, who initially expressed opposition to the bill over its transgender protections, said he ultimately voted “yes” on the bill “to protect the rights of individuals.” In 2007, Flake voted as a U.S. House member for a version of ENDA with sexual orientation-only protections.
“While I had concerns about expanding protections beyond those House provisions, after consideration, I believe supporting this bill is the right thing to do,” Flake said. “I am hopeful that the bill moves forward in a way that works for employers as well as employees.”
McCain issued a similar statement saying he voted in favor of ENDA because of his opposition to employment discrimination.
“I have always believed that workplace discrimination – whether based on religion, gender, race, national origin or sexual orientation – is inconsistent with the basic values that America holds dear,” McCain said. “With the addition of an amendment I co-sponsored with Senators Rob Portman and Kelly Ayotte strengthening protections for religious institutions, I am pleased to support this legislation.”
Advocates praise vote, look to House of Representatives, White House
LGBT advocates heaped praise on the Senate for passing ENDA as they turned their attention to the House of Representatives, where Republican control makes passage significantly more challenging, and the White House.
Chad Griffin, president of the Human Rights Campaign, said the Senate made history “by standing up for a fundamental American truth.”
“Each and every American worker should be judged based on the work they do, and never based on who they are,” Griffin said. “This broad Senate coalition has sent a vital message that civil rights legislation should never be tied up by partisan political games.”
Tico Almeida, president of Freedom to Work, commended the Senate for approving ENDA on a bi-partisan basis and said the House should take the same action.
“The Senate has taken a bi-partisan and historic step toward ensuring that gay and transgender Americans have the same workplace protections that give all Americans a fair shot to succeed on the job,” Almeida said. “Our fight now moves to the House of Representatives where Speaker Boehner and the Republican Conference will have to decide which side of history they want to stand on.”
Both Griffin and Almeida said President Obama should follow up on the Senate vote by issuing an executive order barring federal contractors from engaging in LGBT discrimination.
Griffin said the directive would send a clear signal against “in support of workplace fairness” in addition to a House vote.
“This order is not a silver bullet, and ENDA is vitally necessary after the order is signed,” Griffin said. “But the Human Rights Campaign has long argued that, by signing the order, President Obama can extend workplace protections to over 16 million American workers.”
Tony Perkins, president of the anti-gay Family Research Council, responded to Senate passage of ENDA with dismay.
“Americans should be free to disagree, but ENDA would lead to a form of reverse discrimination,” Perkins said. “Anyone who expresses or promotes a view of family or morality that can be interpreted to be a disapproval of homosexual or transgender conduct will be subject to retaliation and discrimination.”
Despite claims like these from social conservatives, LGBT advocates have insisted that the bill would do nothing more than prohibit employers from discriminating against LGBT employees.
Speaking with the Washington Blade prior to the vote, Merkley said the task now for ENDA supporters is taking the momentum from the Senate to “create an irresistible pressure” for consideration in the House.
“With no shred of an argument to sustaining this type of discrimination, and a strong bi-partisan vote in the Senate, I hope we can create the pressure in the House to act,” Merkley said.
Similar to prior claims made by Senate Majority Leader Harry Reid (D-Nev.), Merkley predicted that ENDA would pass the House if Republican leadership held a vote on the legislation.
“I do believe that if an up-or-down vote was held on what we would pass through the Senate that it would pass the House,” Merkley said. “If a majority of the House is ready to say ‘no’ to discrimination, it is wrong for the leadership to block that vote, and I hope that they’ll come to see that view and allow such a vote to happen.”
White House Press Secretary Jay Carney addressed the vote on Thursday during his routine news briefing taking place at the same time, saying passage of ENDA in the House would be the “right thing to do because we’re all equal.”
“To oppose this kind of legislation is to announce that you want to be left behind by history,” Carney said. “The necessity of making sure that every American has equal rights is fundamental to our history and to who we are. And that’s what this legislation represents. Some of the objections that I’ve heard from members in the House are reminiscent of objections that opponents of other civil rights legislation put forward. And they were wrong then and they’re wrong now.”
The vote on final passage took place about 45 minutes after the Senate invoked cloture by a vote of 64-34 to end debate on the legislation.
The Senate earlier held a cloture vote Monday on ENDA, but that vote was to begin debate on the legislation. A second cloture vote was necessary to end debate and proceed to final vote.
ENDA amendments debated
Two amendments were also discussed with respect to the legislation. One was adopted, the other was not.
On Thursday, the Senate defeated an amendment proposed by Sen. Pat Toomney (R-Pa.) that would have expanded the groups eligible under ENDA’s religious exemption. That amendment, which required 60 votes to pass, failed on a 43-55 vote.
Prior to the vote, Toomey said his measure was an attempt to “strike an appropriate balance,” saying he opposes discrimination against LGBT people, but “another important American value is freedom, and particularly religious freedom.”
But Harkin spoke out on the Senate floor against the Toomey amendment for going too far. Noting ENDA already has a religious exemption, Harkin said if the Toomey amendment were approved, “thousands of for-profit businesses” would be allowed to discriminate.
Baldwin also said the expansion of the religious exemption that Toomey proposed wasn’t the appropriate balance.
“A capable employee in a non-religious [institution] should not be fired, or not be hired, because of his or her employer’s individual religious beliefs,” Baldwin said.
Sen. Lindsey Graham (R-S.C.) initially cast a vote “no” vote in opposition to the amendment. But just before the vote was called, he rushed into the Senate chamber to inform the clerk he wanted to vote “yes” on the measure.
Notably, even though his amendment failed, Toomey voted “yes” in favor of ENDA during final passage.
On Wednesday, the Senate adopted with no controversy by voice vote an amendment to ENDA, introduced by Sens. Rob Portman (R-Ohio) and Kelly Ayotte (R-N.H.), to ensure that institutions that invoke the religious exemption under ENDA won’t face retaliation from state, local or federal governments. LGBT advocates didn’t oppose the measure because they said it would simply reinforce the status quo.
Speaking on the floor, Ayotte commended the Senate for adopting the amendment to ENDA, which she said enables her to come on board in support.
“I have long been a strong supporter of the rights of conscience, of the rights under the First Amendment of the Constitution to religious freedom, and these protections are very important within this bill,” Ayotte said.
Two other amendments that were filed — one proposed by Sens. Mitch McConnell (R-Ky.) and Rand Paul (R-Ky.) to attach a national right-to-work law to ENDA, another proposed by Sen. David Vitter (R-La.) that reportedly would have banned sex-selective abortions — didn’t come up for a vote.
Merkley said only the Portman and Toomey amendments were allowed to come up as a part of a unanimous consent agreement reached on Wednesday.
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Congratulations to Jaime Christopher Pierce on their appointment to serve as a member of the Virginia Governor’s LGBTQ+ Advisory Board. Pierce was sworn in on Sept. 3 by Greg Parks, clerk of the Alexandria Circuit Court.
Pierce currently serves as vice chair of the Alexandria City LGBTQIA+ Task Force and as a member of the Alexandria Pride planning committee. They previously served on the board of directors of Equality Virginia.
Upon being sworn in, Pierce said, “Public service has been a central part of my life for more than 30 years, and this appointment gives me an opportunity to serve the Commonwealth in a different and very personal way. My career has allowed me to work with people and communities throughout Virginia, and I hope to bring that experience, along with my own lived experience and my involvement in the LGBTQ+ community, to the work of the Board.” They added, “Having Greg administer the oath makes the occasion even more meaningful because of his own historic role as Virginia’s first openly gay elected circuit court clerk.”
Pierce also serves as Circuit Court Services Manager for the Department of Judicial Services, at the Office of the Executive Secretary of the Supreme Court of Virginia. They began their career in Virginia’s judiciary in 1994 as a deputy clerk with the Virginia Beach Circuit Court and have since held several professional and leadership positions within the court system. Pierce is a member of the National Association for Court Management (NACM) and the Mid-Atlantic Association for Court Management. At the national level, Pierce participated in the workgroup that developed the National Association for Court Management’s Diversity, Equity, and Inclusion Guide, a resource designed to help court professionals advance inclusive practices and strengthen access, fairness and belonging within the justice system.
Pierce earned a degree in Criminal Justice from Liberty University, and a certificate in Paralegal Studies from Norfolk State University.
National
Multi-billion-dollar 9/11 Victim Compensation Fund to continue until 2090
Eligibility for same-sex partner survivors remains unclear
As part of its commemoration of the 25th anniversary of the 9/11 terrorist attacks, the September 11th Victim Compensation Fund, a federally operated program, released information during the past week showing it has awarded more than $18 billion to over 77,000 9/11 victims and their families since 2011.
Officials with what’s now referred to as the VCF point out that it was created to provide compensation to individuals or to a court-approved personal representative of a deceased individual who were present at one of the three sites where the hijacked jetliners crashed.
Among those supported under the program are thousands of rescue workers, clean-up crews, and residents living near the World Trade Center Twin Towers destruction site who became ill, many of whom later died, by being exposed to the toxic fumes created by the fire and falling debris.
“Twenty-five years since that day, the September 11th Victim Compensation Fund has served tens of thousands of victims and their families, and we continue to receive over 750 new claims each month — a clear indication of the ongoing importance of our mission,” said Allison Turkel, VCF’s leader, who holds the title of Special Master.
In a Sept. 2 briefing for the news media in advance of the 9/11 anniversary commemoration, Turkel pointed out that the VCF operation was upgraded and expanded by separate laws passed by Congress in 2011 and 2019, with the 2019 law signed by President Trump providing full funding to “pay all eligible claims and extended the filing deadline to Oct. 1, 2090.”
LGBTQ advocacy organizations in New York and nationwide have reported that during the time shortly after the 9/11 attacks same-sex surviving partners of 9/11 victims learned they were ineligible for compensation benefits because their same-sex relationships were not legally recognized.
Nicole Nava, a VCF spokesperson, told the Washington Blade she would inquire into whether same-sex couple surviving partners were being supported under the VCF program in more recent years.
She said under long established VCF procedures, all applicants for benefit claims regarding a deceased person, whether same-sex or opposite sex, must be appointed as a Personal Representative of the deceased person by a state court. For D.C. residents, the probate division of the D.C. Superior Court appoints a Personal Representative.
“Claims for deceased victims (regardless of the cause of death) may be submitted only by the Personal Representative,” a statement on the VCF website says. “Each state has laws that define the process for appointment of the Personal Representative and the specific authority granted to that Personal Representative,” it says.
The Washington Blade couldn’t immediately determine the criteria for being approved as a Personal Representative by the D.C. Superior Court and various state courts, including whether a same-sex survivor partner would be eligible for such an appointment.
A spokesperson for the District of Columbia LGBTQ+ Bar Association, which includes many local attorneys who specialize in a wide range of specialized legal issues, couldn’t immediately be reached to find out if one or more of their members might be able to determine the same-sex partner eligibility for Personal Representative status.
In her news media briefing, VCF Special Master Turkel said detailed information about how best to file a claim for 9/11 victim compensation is available on the VCF website.
“Twenty-five years since the events of September 11th , 2001, we know it has become increasingly challenging for claimants to find documents needed to prove their presence at an eligible location, which is one of the key requirements to be eligible for compensation,” she said.
She was referring to the requirement that 9/11 surviving victims seeking a claim for support for injuries or illnesses related to the 9/11 attacks must prove they were present at the World Trade Center site, the Pentagon site, or the Shanksville, Pa. site where the hijacked jetliners crashed. Those requirements are separate from the less clearly defined criteria for same-sex couple victim survivor eligibility.
“Our team is committed to ensuring no claimant feels lost or overwhelmed when submitting a claim,” Turkel said at the briefing. “We have a great helpline with real live people who can answer or refer any questions that come in,” she added. “They engage in over 4,000 calls a month on average. We encourage folks to call 1-855-1555 with any questions.”
The VCF website, which has additional detailed information, can be accessed at www.vcf.gov.
Politics
Ind. prosecutor declines to press charges over false Buttigieg child welfare complaint
Former Biden-Harris Cabinet member declined to comment on decision
An Indiana prosecutor has declined to file criminal charges against a woman who made a false child welfare complaint against Pete Buttigieg.
Buttigieg, the former transportation secretary in the Biden-Harris administration, was accused in June of posing a threat to his children via an anonymous call to police that resulted in him being temporarily separated from his four-year-old twins.
Marshall County Prosecuting Attorney E. Nelson Chipman Jr. opted not to pursue charges against the Alabama woman who filed the false child welfare claim against the Democratic political figure while she was in Marshall County.
According to ABC 57, the television station in South Bend that published a letter from Michigan State Police to Indiana State Police, the 50-year-old woman, identified only as TJ of Alabama, was responsible for the “brief and intrusive investigation” into Buttigieg and his family.
In the letter to Indiana State Police, Michigan State Police described TJ’s documented alcoholism and other chemical dependencies, as well as hallucinations and delusional thinking. The prosecutor also noted that TJ has self-identified as God and claims to hear voices only she can hear.
The letter from Michigan State Police to Indiana State Police states:
“Your investigation reveals that TJ, 50 years old, has a documented history of alcohol abuse and has experienced numerous treatment facilities and programs for alcoholism and other chemical dependency over the years. Further, TJ has a long history of mental illness, manifested by hallucinations and delusional thinking which includes frequently responding to voices only she hears and grandiose ideation including self-identifying as God. She frequently reports she has enjoyed an evening meal with Barack and Michele Obama.
TJ is from Alabama. During her relatively short stay here, TJ was able to generate three separate police encounters that resulted in reports, one of which resulted in TJ’s arrest for domestic battery. I note her BAC in that case was reported at .323. I also note one of the three early reports was based upon TJ’s claim of herself being a victim of sexual abuse at the age of 3 by her mother some 47 years prior. Her explanation for such a delayed report was incoherent.
As you found out, TJ returned to Alabama and took up residence in a treatment facility only to be soon evicted for a rule violation. She currently resides in a half-way house near Alabama, with very limited mental health treatment options available. I note TJ’s abusive and harassing attitude has resulted in restricting only somewhat her access to a telephone, and that she continues to have access to computers at the facility. Obviously she may still have the ability to file additional complaints. No doubt a regrettable situation.
In light of the totality of circumstances, I am unable to conclude that TJ is capable of forming the requisite intent to support a criminal conviction for this offense. Accordingly, this office will not be filing a criminal case in this matter.
Thank you, as always, for a thorough investigation and cogent report.
Stay safe.
Best regards,
E. Nelson Chipman, Jr.
Marshall County Prosecuting Attorney”
When the situation first arose in June, Buttigieg opened up about the experience via his Substack, where he described the situation as one of the worst things that has ever happened to his family — one that resulted in him being separated from his twins, Joseph August “Gus” and Penelope Rose, for their safety.
“The caller said that he had spoken to a woman who claimed to have met me at a conference several years ago in Alabama, where she said I told her that I had committed unspeakable violent crimes, and the caller believed my children were still at risk,” Buttigieg wrote in a post he titled “A Terrible Thing Happened to My Family.” “I am a reasonable man. I try to keep as calm and low-key as possible. But I cannot describe the mix of rage and sadness that I feel at the idea that someone brought our children into this.”
A Buttigieg spokesman declined to comment on the prosecutor’s decision not to pursue charges, but did tell the Washington Post in a statement: “This has been a painful and infuriating situation for the family. They are in touch with Michigan authorities, seeking answers and accountability for what happened.”
In response to the story Buttigieg shared on his Substack, Kelley Robinson, president of the Human Rights Campaign, released the following statement:
“I know how I would feel if someone tried to come between me and my kids. This is truly bottom-of-the-barrel stuff. It takes an awful, hateful person to question someone’s fitness as a parent just because of who they are, who they love, or in Sec. Buttigieg’s case, perhaps even who he speaks out against politically. We’re thinking of Pete, Chasten, and their whole family in this moment — and we aren’t resting until all LGBTQ+ families have the kind of safety and justice every one of us deserves.”
The Washington Blade reached out to Michigan State Police after the story initially broke to ask if any disciplinary action would be imposed on the woman who made the false report, but was told to file a FOIA request to view the full report. After filing a FOIA request, the Blade was denied access to any additional information.
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