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Meet the 8 House Dems who don’t co-sponsor ENDA

Advocates push to find 218 votes for bill

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Democratic Party, United States House of Representatives, U.S. Congress, Dan Lipinski, Illinois, John Barrow, Georgia, Pete Gallego, Texas, Gene Green, Nick Rahall, West Virginia, Jim Costa, California, Mike McIntyre, Henry Cuellar

Clockwise from top left, Rep. Dan Lipinski (D-Ill.), Rep. John Barrow (D-Ga.), Rep. Pete Gallego (D-Texas), Rep. Gene Green (D-Texas), Rep. Nick Rahall (D-W.Va.), Rep. Jim Costa (D-Calif.), Rep. Mike McIntyre (D-N.C.) and Rep. Henry Cuellar (D-Texas) (Photos public domain)

Amid the push to pass the Employment Non-Discrimination Act, much has been said about the daunting task of advancing the bill against Republican opposition — including from U.S. House Speaker John Boehner (R-Ohio) himself — in the GOP-controlled chamber of Congress.

But the Democratic caucus isn’t unanimous in its sponsorship of the legislation despite a push from the White House and Democratic leaders to advance ENDA. A total of eight Democrats have so far declined to co-sponsor the bill, although at least two said they would vote for it and one has said he’s inclined to vote for it if it comes to the House floor.

The eight Democrats who don’t co-sponsor ENDA are Reps. Dan Lipinksi (Ill.), Jim Costa (Calif.), John Barrow (Ga.), Mike McIntyre (N.C.), Pete Gallego (Texas), Henry Cuellar (Texas), Gene Green (Texas) and Nick Rahall (W.Va.).

Of these eight Democrats, most are from Texas, the largest state without any laws providing non-discrimination protections on the basis of sexual orientation or gender identity.

Chuck Smith, executive director of Equality Texas, said the three Texans who don’t co-sponsor ENDA — Gallego, Cuellar and Green — likely have “a misplaced fear” about opposition to non-discrimination in their districts.

“When Texans go to work each day, they want to be judged on their professionalism, their experience, their performance, and their ability to get the job done,” Smith said. “With hard work, fulfilling their responsibilities, and playing by the rules, they are striving for a fair chance at achieving a piece of the American Dream. And in Texas, fully three-fourths of voters support prohibiting employment discrimination.”

But two of these lawmakers, Gallego and Green, have signaled they would support ENDA if it comes up for a vote on the House floor, even though they have yet to co-sponsor the legislation.

Jose Borjon, a Gallego spokesperson, said his boss “from the beginning” has said “he will vote for ENDA” on the House floor.

“Congressman Gallego’s family has a long history of protecting civil rights and opposing discrimination,” Borjon said. “Like his parents before him, Congressman Gallego is also opposed to any form of discrimination, including discrimination against individuals based on race, color, ethnicity, sexual orientation, gender identity, sex, religion, age, disability or personal beliefs.”

Borjon didn’t respond to a follow-up email asking why Gallego won’t co-sponsor ENDA if the lawmaker would vote for the bill.

Green’s office didn’t respond to a request for comment. But according to Hair Balls, a Houston-based political blog, he’ll vote for the legislation if it comes to the House floor.

“I am opposed to discrimination in the workplace, whether based on gender, race, religion, or sexual orientation, and will vote in support of the Employment Non-Discrimination Act when it comes to the House floor for a vote,” Green is quoted as saying.

Cuellar has made no such commitment to voting for ENDA. His office didn’t respond to the Blade’s request seeking comment on the bill.

According to LoneStar Q’s John Wright, Dallas activist Jeff Strater expressed disappointment about a meeting during a Capitol Hill lobby day when he and others sought to discuss ENDA with Cuellar staff and a proposed letter seeking an executive order barring LGBT workplace discrimination.

“We had an appointment with Henry Cuellar’s office last Thursday in D.C. to talk about the letter, ENDA and other LGBT legislation,” Strater was quoted as saying. “They refused to meet with us in the office for our appointment (unlike other members of Congress) and we met in a busy hallway. The meeting was also with a legislative fellow and not a legislative aide. This was worse than our meeting with Ted Cruz’s staff. The sad part is that in our small group we had people with long ties to Cuellar’s congressional district and Laredo.”

Another Democrat in another state has also signaled he’ll likely support ENDA, even though he hasn’t yet signed on a co-sponsor to the bill.

Jessica Kahanek, a Costa spokesperson, said the lawmaker is still reviewing the legislation, but is “inclined” to vote for the bill should it come to the House floor.

“Rep. Costa is still reviewing the bill and its implications for small business owners before he makes a final decision on co-sponsoring,” Kahanek said. “He is inclined to support ENDA should there be a vote held on the bill.”

Costa supports marriage equality and co-sponsors the Student Non-Discrimination Act, which would bar schools from allowing discrimination or harassment of LGBT students.

One notable House Democrat who doesn’t co-sponsor ENDA is Lipinski, who withholds support for ENDA even though he voted for “Don’t Ask, Don’t Tell” repeal and LGBT-inclusive hate crimes legislation. However, Lipinski opposes same-sex marriage.

Bernard Cherkasov, CEO of Equality Illinois, called on Lipinski to support ENDA as he touted his organization’s work in “building stronger and stronger support” for the legislation among his state’s delegation to Congress.

“Congressman Lipinski represents a district where many employers, community leaders, and clergy members are very vocal about their support for ENDA; and LGBT workplace protections have been the law in Illinois for almost a decade,” Cherkasov said. “In a state with broad bipartisan support for ENDA, we hope that Congressman Lipinski will carry those values to Washington and sponsor ENDA.”

Not helping in the case of Lipinski — as well as Costa and Cuellar — is the fact that they’re Catholic and the U.S. Conference of Catholic Bishops has come out in opposition to ENDA when it came up for a vote in the Senate, saying it threatens religious liberty, would enable legalization of same-sex marriage and rejects the biological basis of gender.

Other House Democrats who don’t co-sponsor ENDA have a history of assuming anti-LGBT positions as members of Congress. Most notable among them are Rep. Nick Rahall (D-W.Va.) and retiring Rep. Mike McIntyre (D-N.C.), the only Democrats who currently co-sponsor a U.S. constitutional amendment that would ban same-sex marriage in the country. Their offices didn’t respond to a request for comment on their position on ENDA.

Another longtime House Democrat who doesn’t co-sponsor ENDA and who was a one-time supporter of a Federal Marriage Amendment is Barrow. Despite voting “yes” on this amendment, Barrow has taken pro-LGBT positions, such as voting in favor of “Don’t Ask, Don’t Tell” repeal. His office didn’t respond to a request for comment on ENDA.

Jeff Graham, executive director of Georgia Equality, said Barrow has assumed more anti-LGBT positions after redistricting, when Barrow’s district was drawn to become more conservative.

“The politics behind this, not that it excuses it, but for the last several times that he has run for office, he has been redistricted into a district that is majority Republican,” Graham said. “And so, he actually has a voting record on LGBT issues, as well as a lot of other issues that are important to many of us, where he did not support them or voted against them. His lack of sponsorship of ENDA is not actually a surprise; it’s a disappointment, but it is not a surprise.”

Graham said getting Barrow to support ENDA would require “an immense grassroots” effort among his constituents, but his organization is prepared to support the Human Rights Campaign in planned field operations to encourage him to back the bill.

Other groups behind ENDA have launched initiatives at the national level aimed at building support for the legislation as the push to pass it continues. The Senate last year passed ENDA on bipartisan vote of 64-32, so House passage is the only remaining step necessary for approval before it would go to President Obama’s desk.

Tico Almeida, president of Freedom to Work, said boosting the number of ENDA co-sponsors on both sides of the aisle is important “to clearly demonstrate” majority support exists for LGBT workplace protections in the House.

“We think that if a House vote were held today, ENDA would pass with more than 218 votes, but winning over the next batch of co-sponsors would help us prove that definitively to House leadership,” Almeida said. “Reaching 218 supporters would increase pressure on those who have been blocking an up-or-down vote.”

Almeida drew a distinction between co-sponsoring ENDA and merely articulating support, saying pledging a “yes” vote without co-sponsoring the bill is the “second-best option” for lawmakers.

A House Democratic leadership aide, who spoke on condition of anonymity, said the only way to push these lawmakers to support ENDA is for constituents within their districts to ask their members to get behind the bill. The aide said House Minority Leader Nancy Pelosi (D-Calif.) personally whipped members to support ENDA, which is why all but eight Democratic members co-sponsor the bill this Congress.

The White House has continually called for passage of ENDA. The White House didn’t respond to a request for comment on whether it has reached out to these eight House Democrats to encourage them to support the legislation.

At a time when DNC is raising money on behalf of Democrats in the 2014 election, the DNC didn’t respond to the Blade’s request for comment on whether House Democrats who don’t co-sponsor ENDA are out of line with principles of the Democratic Party, even though the 2012 Democratic Party platform endorses the bill on the basis that “people should not be fired based on their sexual orientation or gender identity.”

Although eight House Democrats aren’t co-sponsors of ENDA, a sea of Republicans continue to withhold support of the bill in a chamber of Congress where their party holds the majority. Of the 233 Republicans in the U.S. House, only six co-sponsor ENDA: Reps. Ileana Ros-Lehtinen (R-Fla.), Richard Hanna (R-N.Y.), Charles Dent (R-Pa.), Jon Runyan (R-N.J.), Chris Gibson (R-N.Y.) and Michael Grimm (R-N.Y.).

Americans for Workplace Opportunity, a coalition of groups seeking to pass ENDA, have launched a $2 million push aimed at passing ENDA in the House. Much of the money is coming from Republican superdonors Paul Singer and Seth Klarman, who each donated $375,000. Nonetheless, not a single Republican co-sponsor has signed on to ENDA since the start of the campaign last month.

Jeff Cook-McCormac, senior adviser to the pro-LGBT American Unity Fund, nonetheless predicted more Republican co-sponsors of ENDA in the coming days.

“In an authentically bipartisan way, we remain laser-focused on getting to the critical number of 218, demonstrating majority support in the chamber,” Cook-McCormac said. “This much-needed engagement, member-by-member, in thoughtful and respectful conversations about the need for ENDA is what will enable support for the bill to grow, as we’ve seen it is a critical element of every successful effort that has advanced freedom for LGBT Americans in our country.  I expect you will see other Republicans indicate their support for ENDA in the weeks and months to come.”

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DOJ seeks to dismiss some claims in gay FBI employee’s bias lawsuit

David Maltinsky was fired after displaying Pride flag at desk

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A gay FBI trainee was fired after displaying a Pride flag at his desk. (Washington Blade photo by Michael Key)

Attorneys for gay former FBI employee David Maltinsky, who was fired from his job as a non-agent employee at the FBI’s Los Angeles Field Office in October 2025 after more than 16 years of service for displaying an LGBTQ Pride flag at his workstation, filed court papers on July 15 opposing a motion by government attorneys to dismiss some but not all of the provisions in his unlawful discrimination lawsuit seeking to overturn the firing.

Maltinsky’s lawsuit, filed in federal court in D.C. on Nov. 19, 2025, states that FBI Director Kash Patel acted illegally by violating Maltinsky’s First Amendment conditional rights and the U.S. Civil Rights Act of 1964 by ordering his firing on grounds that he “exercised poor judgement with an inappropriate display of political signage” by displaying the Pride flag.

The firing came at a time when Maltinsky successfully completed 16 weeks of the FBI’s 19-week training program at the FBI training academy in Quantico, Va. to become an FBI Special Agent, according to the lawsuit.

In addition to Patel, who took office as FBI director in February 2025 under the Trump administration, the lawsuit names as defendants the FBI itself, Acting U.S. Attorney General Todd Blanche, and the U.S. Department of Justice, which oversees the FBI.

“Defendants discriminated against Maltinsky for engaging in protected speech, for his sexual orientation, and for opposing discrimination – a clear and brazen violation of federal law and the Constitution,” the lawsuit states in an amended complaint filed May 5, 2026.

The Department of Justice, which is representing the FBI in its response to the lawsuit, did not immediately respond to a request from the Washington Blade for comment on the lawsuit and why it is seeking dismissal of some but not all of the lawsuit’s multiple allegations, including its claim that the firing violated Maltinsky’s First Amendment rights.

In its “Partial” motion filed on June 15, 2026, to dismiss some provisions in the lawsuit, the Justice Department through Assistant Attorney General Brett A. Shumate and Associate Branch Director Christopher Hall, stated that the lawsuit fails to provide sufficient evidence that Maltinsky was fired because he is gay.    

“The Amended Complaint contains no factual allegations that Director Patel or any other decisionmaker expressed hostility toward gay employees, relied on Plaintiff’s sexual orientation in making employment decisions, even knew Plaintiff’s sexual orientation or otherwise indicated that Plaintiff’s status as a gay man played any role in the challenged actions,” the motion states.

Based on that, among other things, the motion says the lawsuit’s claim that the firing violated the U.S. Civil Rights Act of 1964 should be dismissed. A 2020 U.S. Supreme Court decision ruled that the 1964 law bans employment discrimination based on sexual orientation and gender identity along with its other categories including race, religion, and gender.  

In its arguments that the decision to fire Maltinsky was illegal, unconstitutional, and unjust, the lawsuit’s amended complaint points out that FBI officials at the Los Angeles Field Office where Maltinsky worked presented the Pride flag to him and gave him full permission to display it at his workstation.  

“The FBI encouraged and honored Maltinsky’s work by awarding him the 2020 Director’s Award For Excellence-Outstanding Service in Diversity and Inclusion,” the lawsuit says. “In 2022, the Attorney General for the Department of Justice awarded Maltinsky the Attorney General’s Award for Equal Employment Opportunity, DOJ’s highest award for performance in support of the Equal Employment Program,” it says.

“In special recognition of Maltinsky’s efforts to improve the FBI, in June 2021 LAFO [Los Angeles Field Office] leadership entrusted to Maltinsky two Pride flags that had been flown from the flagpole located in front of the LAFO,” the lawsuit complaint continues. “Maltinsky displayed one of those flags at his workstation.”

Although the lawsuit doesn’t say so directly, all of that happened during the administration of President Joe Biden and previous FBI Director Christopher Wray, who held the director’s position from August 2017 to January 2025, when Donald Trump took office as president.

Nathaniel Zelinsky, one of the attorneys representing Maltinsky regarding the lawsuit, told the Blade that because the Justice Department did not contest the lawsuit’s First Amendment provisions, the case will move forward to the discovery stage, in which he and fellow attorneys can seek and obtain government documents, and most likely go to trial. He said that regardless of whether the judge approves the dismissal of the lawsuit provisions the government has asked for, the other provisions and the case as a whole  will continue.

“And those First Amendment claims are extremely serious,” he said. “The government, by its admission, fired David Maltinsky because they did not like the speech he displayed when he put up the Pride flag that was gifted to him by the FBI,” Zelinsky said. “The federal government cannot discriminate against its workers based on their speech.”      

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The government pressured USA Rugby to ban transgender women. A Baltimore team refused to comply.

Ferals is a women’s-plus team within the Flamingos

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Harper Ockert runs drills with teammates at Utz Field in Patterson Park during rugby practice with her team, the Ferals. (Photo by Jessica Gallagher of the Baltimore Banner)

By KYLE GOON | It was midmorning, and the March winds lashed against the faces of the players on the Ferals rugby team as they suited up at a park in Frederick. The turf was frozen.

Harper Ockert, 24, wrapped her left knee with tape, stabilizing her joint for the jarring hits to come. She had struggled to sleep the night before, but her anxiety was not strictly about the game.

She and her teammates were preparing to defy newly enacted rules set by the sport’s governing body. A nervous energy thrummed in her chest as she considered what her defiance meant.

Ockert is a transgender woman who plays for the Ferals — the women’s-plus team within the Baltimore Flamingos rugby club. Three of her teammates are trans women, too. They had played games for the Ferals before, but this match at Walnut Ridge Park was the team’s first since USA Rugby had shifted its policy to allow only people assigned female at birth to play women’s rugby.

The rest of this article can be found on the Baltimore Banner’s website.

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LGBTQ community center opens in Leesburg, Va.

Equality Loudoun holds ribbon-cutting ceremony at new space

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Equality Loudoun staff and volunteers join with local elected officials and supporters in cutting a rainbow ribbon to mark the opening of the Equality Loudoun Community Center in Leesburg, Va. on Saturday. (Washington Blade photo by Michael Key)

A group of supporters crowded inside of the new Equality Loudoun Community Center in Leesburg, Va. on Saturday for an open house and ribbon-cutting ceremony. Air quality issues stemming from the wildfires in Canada required the ceremony to be held indoors. Local elected officials were joined by LGBTQ community organizers and supporters to mark the occasion.

The Virginia LGBTQ organization Equality Loudoun was founded in 2003 and organized the first Loudoun Pride Festival in 2022. The Equality Loudoun Community Center, located in the Village at Leesburg shopping area (1507 Dodona Terrace SE, Suite 105, Leesburg, Va.), will now house the organization’s community and youth programming.

“This is a day that we have anticipated for some time,” said Sean Murphy, Equality Loudoun vice president. “Equality Loudoun was founded in 2003 and has been migrating from place to place to wherever will have us to host our meetings, to host our gatherings. We are so grateful to our many, many allies that have provided space for us.”

Murphy continued, “We really have believed for a long time that it’s important for us to have a home, a place to anchor the community, a place for people to feel belonging, and a place for people to find one another, and find people who are like them and have something in common.”

Attendees of the ceremony included Leesburg Mayor Kelly Burk, Leesburg Vice Mayor Todd Cimino-Johnson, Leesburg District Supervisor Kristen C. Umstattd of the Loudoun County Board of Supervisors, and U.S. Rep. Suhas Subramanyam (D-Va.).

‘This new community space is more than just a building: it’s an investment in people,’ said Leesburg Mayor Kelly Burk at the Equality Loudoun Community Center ribbon-cutting ceremony. (Washington Blade photo by Michael Key)

“I wish that there was a place like this when I was teaching,” Mayor Burk, a retired Loudoun County Public Schools special education teacher, told the crowd. “So often, I’d have a student, and there was nowhere to send them. They were looking around, trying to see: ‘who’s like me, where can I go, where can I relate, what is happening?’ Middle school is terrible for everybody. But it’s especially terrible if you’re different. And so, I congratulate you on the fact that you had the initiative to do this, the guts to continue it, and the tenacity to make it happen.”

Programming at the LGBTQ community center will include youth programming, game nights and support groups, according to Equality Loudoun Executive Director Katie Cash.

Cash told the Blade, “That’s actually a new thing that we’re branching into that we received a grant this year for: to focus on youth activities. So we’ll have youth support groups that we’re going to work with the Ryan Bartell organization on. Additionally, we’ll have other peer support groups that are run by organizations that are in the space. We’ll have craft nights, we’ll have activity nights, so it’ll be open for drop-in hours on different days as well. On top of normal programming that we’ve been doing as an organization, which can be a series of different craft [activities], social activities, game nights, movie nights, that we’ve been doing for years. Instead of hunting for locations.”

Equality Loudoun is primarily funded through donations, according to Cash. Those interested in supporting the work of the organization and community center can visit eqloco.org for more information.

When asked about future programming at the center, Cash told the Blade that they are seeking feedback from the community.

“We have all the dreams that we have for the space,” Cash said. “But everything’s built off of what kind of resources, what kind of events does the community want hosted? What will they come out for? What do they care about coming out for, and making sure that happens for them.”

(Washington Blade photo by Michael Key)

Rep. Subramanyam told the Blade, “I’m just so excited about this community center. Equality Loudoun has been so instrumental to so many people in our community. And for them to finally have this center — and it’s been part of their vision for a long time — just is an incredible experience. So I’m so proud to be a supporter of them and I look forward to the center being a sanctuary and a place for people to turn to for many years to come.”

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