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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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United States Capitol Building, dome, gay news, Washington Blade
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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Politics

Buttigieg says false report temporarily separated him from his children

Michigan State Police corroborated his account

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Then-U.S. Transportation Secretary Pete Buttigeig speaks at the 2024 Democratic National Convention in Chicago on Aug. 21, 2025. (Washington Blade photo by Michael Key)

Former Transportation Secretary Pete Buttigieg on Friday recounted being separated from his children following an anonymous police report later determined to be false.

The openly gay former mayor of South Bend, Ind., and current 2028 presidential contender was accused of posing a danger to his children and was not allowed to be with his four-year-old twins until after interviews were conducted.

Buttigieg went public with this account on his Substack, sharing how a woman anonymously — and falsely — accused him of posing a danger to his children.

“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.”

Michigan State Police spoke to the BBC following Buttigieg sharing his story.

“The Michigan State Police and Child Protective Services responded and determined the report was false.”

The statement also went on to explain that these types of false reports were “dangerous” and divert “workers from responding to legitimate emergencies and protecting vulnerable children and families.”

In that post recounting the ordeal, Buttigieg continued, saying that it was “among the darkest hours of my life,” and pointed out that his children should not be subjected to this type of harassment as a circumstance of his own place in the national political spotlight.

“They are four years old. Four. They do not know or care what a Democrat or a Republican is.”

He finished his post:

“We cannot let American politics keep going in this direction. And we must not all go on as if it’s acceptable for this kind of thing to be part of the cost of entering public service.”

“Most importantly, Chasten and I will continue to pour ourselves into the joyful and demanding work of raising and educating our two children. Being their parents is the best thing in our lives. They are just children, kids who deserve the best upbringing that their parents can provide, who mean more to us than anything, whom we love beyond words and will do anything to protect, and whose right to a safe and happy childhood deserves absolute and unconditional respect.”

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.”

Buttigieg was transportation secretary during the Biden-Harris administration.

The Washington Blade reached out to Michigan State Police to ask if any disciplinary actions would be imposed on the woman who made the false report, but was told to file a FOIA request to view the full report. the story will be updated as new information is shared.

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U.S. Supreme Court

11 years after Obergefell, marriage equality remains under scrutiny

Landmark ruling issued on June 26, 2015

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(Washington Blade photo by Michael Key)

Friday marks 11 years since the U.S. Supreme Court ruled the Constitution protects same-sex marriage in Obergefell v. Hodges. Despite that major win for LGBTQ people nationwide, the case may be on shakier ground than originally thought.

Obergefell v. Hodges, the case that determined the Constitution extends its protection of rights to same-sex couples and that states must recognize marriage licenses for same-sex couples from other states, was decided using a combination of cases from several states.

The central arguments in the case rested on the 14th Amendment’s Equal Protection Clause, Due Process Clause, as well as collateral spousal and parental rights.

Cases in play

The first case came from Michigan with DeBoer v. Snyder, where a lesbian couple, who were not legally allowed to marry in the Mitten State, attempted to adopt their third child but could not both obtain legal parental rights. April DeBoer and Jayne Rowse initially received a favorable ruling in district court, with the judge finding that the Michigan Marriage Amendment — which barred same-sex marriage in the Midwestern state — violated the Equal Protection Clause. The same day, the case was appealed to the 6th U.S. Circuit Court of Appeals, eventually making its way, along with the other five cases, to the highest court in the land.

Ohio had multiple cases that ultimately contributed to the judicial acknowledgment of same-sex marriage rights in the U.S.

The Supreme Court case most commonly associated with the fight for same-sex marriage — Obergefell — originated in Ohio. Beginning as Obergefell v. Kasich in the state, James Obergefell knew his longtime boyfriend, John Arthur, was suffering from ALS. Knowing Arthur’s life would end shortly — and understanding the couple could not legally marry in Ohio — they boarded a medically equipped plane, accompanied by a nurse and Arthur’s aunt, Paulette, and flew to BWI Airport in Maryland. There, they were legally married. Over the next several months, Arthur’s health continued to decline until he eventually passed away in October.

The legal battle began after Arthur died, as Ohio law refused to acknowledge that Obergefell was his husband and would not list him as Arthur’s surviving spouse on his death certificate. Obergefell challenged the decision, arguing it was unconstitutional and pursuing legal action. The local Ohio registrar agreed that refusing to recognize their out-of-state marriage license — which Ohio had recognized for different-sex couples in the past — discriminated against the couple. Despite that, the state attorney general continued to defend Ohio’s same-sex marriage ban.

The judge ultimately ruled that “a marriage solemnized outside of Ohio is valid in Ohio if it is valid where solemnized,” marking another step toward marriage equality. Ohio appealed the ruling, and the case ultimately contributed to the establishment of same-sex marriage protections under the federal Constitution.

The second Ohio case, Henry v. Wymyslo, much like DeBoer v. Snyder, involved parental rights for adopted children. The case included four couples — three lesbian couples who lived in Ohio and adopted children while residing there, and one gay couple from New York with an adopted son born in Ohio. The four couples filed a lawsuit against Ohio, seeking to require the state to list both parents on their children’s birth certificates.

Eventually, the judge — the same one who presided over Obergefell v. Kasich — ruled that the state must list both parents on their children’s birth certificates. Like many cases that make their way to the Supreme Court, it went through multiple appeals before ultimately reaching the nation’s highest court.

Kentucky also had two cases that contributed to the legal battle for same-sex marriage.

The first, Bourke v. Beshear, revolved around Gregory Bourke and Michael DeLeon, a same-sex couple married in Canada in 2004, and Randell Johnson and Paul Campion, who were married in California in 2008. Like DeBoer v. Snyder and Henry v. Wymyslo in their respective states, the plaintiffs challenged Kentucky’s ban on same-sex marriage and its refusal to recognize same-sex marriages performed in other jurisdictions so that both parents could be acknowledged on their children’s birth certificates.

The judge ultimately ruled, much like in Obergefell v. Kasich, that states constitutionally must recognize legally performed out-of-state marriages.

Love v. Beshear is the second case from the Bluegrass State.

Maurice Blanchard and Dominique James were denied a marriage license by Kentucky county clerks. The couple’s legal team filed to join Bourke v. Beshear, another case actively challenging the state’s ban on same-sex marriage, and the motion was approved, with the case restyled as Love v. Beshear. The judge ultimately ruled that Kentucky’s bans on same-sex marriage explicitly “violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, and they are void and unenforceable.”

The final case, Tanco v. Haslam, involved four same-sex couples who filed suit in Tennessee. Each couple had married outside Tennessee before moving to the state, with nearly all relocating for employment. One worked for the military, whose marriage was already recognized by the Department of Defense; one worked for the state; and two were professors. Seeking to have their out-of-state marriages recognized in Tennessee, the four couples filed Tanco v. Haslam in U.S. District Court for the Middle District of Tennessee. The court eventually granted a preliminary injunction requiring the state to recognize the marriages of the three plaintiff couples but denied the request to overturn Tennessee’s same-sex marriage ban.

To SCOTUS

All of these cases contributed to the legal challenge against same-sex marriage bans across the country and ultimately led to a 5-4 ruling that allowed same-sex couples to have their marriages recognized in all 50 states, Guam, Puerto Rico, and D.C.

The justices voted as follows: Anthony Kennedy, who authored the majority opinion, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan supported Obergefell while Chief Justice John Roberts, Antonin Scalia, Clarence Thomas, and Samuel Alito all dissented.

The court held that the 14th Amendment — specifically its Due Process Clause — guarantees the right to marry as one of the fundamental liberties it protects, regardless of the gender of those getting married.

The court also ruled that another provision of the 14th Amendment — the Equal Protection Clause — extends the right to marry enjoyed by different-sex couples to same-sex couples, finding that denying same-sex couples that right violates their right to equal protection under the law.

Some of the Supreme Court justices who dissented argued that this was a state issue, not a federal one, because the Constitution makes no mention of same-sex couples. They said it was beyond the purview of the court to decide whether states must recognize or license such unions. The dissenters argued that the majority was engaging in judicial policymaking, which they contended is not permitted under U.S. law.

Another argument made by the dissenting conservative justices was that the majority opinion infringed on religious freedom by engaging in this “judicial policymaking” rather than allowing state legislatures to determine the laws governing marriage.

Since the ruling

According to data from the Williams Institute, 823,000 same-sex couples are now legally married — more than twice the number in 2015 — as a result of the Supreme Court’s decision.

The ruling also increased the number of same-sex families raising children, largely because it removed legal barriers and paperwork restrictions that had prevented same-sex couples from being listed as parents. The data shows there are nearly 299,000 children under the age of 18 being raised by married same-sex couples as a result of Obergefell.

The states that saw the largest increases — and the most favorable changes to marriage rates — were in the South. The percentage of cohabiting same-sex couples who were married between 2014 and 2023 increased from 38 percent to 59 percent.

Many of the married same-sex couples surveyed said marriage improved their sense of safety and security (83 percent), life satisfaction (75 percent), and relationship stability (67 percent).

“Marriage equality has significantly benefited the lives and well-being of same-sex couples, their families, and the communities where they live,” said Christy Mallory, interim executive director and legal director at the Williams Institute.

Future of Obergefell

While same-sex marriage remains the law of the land, there have been multiple attempts by conservative and religious figures in America to reverse it.

In 2025, Kim Davis, the clerk of Rowan County, Ky., who made headlines 10 years earlier after refusing to issue marriage licenses following the striking down of same-sex marriage bans, approached the Supreme Court with the goal of getting Obergefell overturned.

She argued that the ruling put her religious beliefs at odds with her job and asked the court to strike it down. The consensus was nearly unanimous, holding that when a person serves as an agent of the state, they cannot place their personal religious beliefs above state policy because they are acting on behalf of the government.

Thomas, one of the Supreme Court’s most conservative justices, has also attempted to plant the seeds for overturning Obergefell.

In Dobbs v. Jackson Women’s Health Organization, which ultimately restricted abortion access in the country, he wrote a concurring opinion suggesting that Obergefell, along with several other precedents, should be “reconsider[ed].”

Later, without directly addressing Obergefell, Thomas told an audience at Catholic University’s Columbus School of Law that he didn’t “think that … any of these cases that have been decided are the gospel.”

While President Donald Trump has not implemented any executive restrictions on same-sex marriage during his presidency, his administration has made it clear that it opposes continued efforts to expand protections for same-sex couples, particularly when doing so conflicts with claims of “religious freedom.” The administration has attempted to remove sexual orientation and gender identity from federal health care and housing nondiscrimination protections and has significantly restricted the rights of transgender Americans.

Currently, same-sex marriage remains federally protected by the Respect for Marriage Act, and the Supreme Court has thus far declined to overturn Obergefell.

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Maryland

Federal officials launch Title IX probe into Md. schools over trans athletes

Montgomery, Prince George’s, and Frederick Counties named in probe

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U.S. Department of Education. (Public domain photo)

On June 23, the U.S. Department of Education’s Office for Civil Rights announced it is launching a Title IX investigation into three Maryland school districts and the Maryland State Department of Education for failing to enforce sex-based protections guaranteed by federal law.

The districts include Montgomery County Public Schools, Prince George’s County Public Schools, and Frederick County Public Schools.

According to the department, these districts require schools to allow boys to compete in girls’ athletics, to use girls-only locker rooms, restrooms, and overnight accommodations alongside female athletes.

According to Bethesda Today, Montgomery County Public Schools spokesperson Liliana Lopez said “MCPS remains committed to providing safe, welcoming and inclusive learning environments for all students and to complying with applicable federal and Maryland laws and regulations. As the matter is now under review by the Office for Civil Rights, we have no further comment at this time.” 

Assistant Secretary for Civil Rights Kimberly Richey states that allowing students access to sex-separated programs and facilities based on gender identity is “deeply troubling.”

“54 years after Title IX was signed into law, the Trump administration remains steadfast to enforce its promise to protect women and girls. We will fully investigate these allegations and take appropriate action to ensure compliance with federal law,” Richey said in a statement. 

According to the press release from the Department of Education, the violation falls under a Trump-Vance administration rewrite of Title IX, which aligned the sex-based protections “with biological reality, not ideological fantasy.” 

This comes after the NCAA released a statement in February stating that people assigned male at birth cannot participate in women’s sports teams. The NCAA stated, “The policy is clear that there are no waivers available, and students assigned male at birth may not compete on a women’s team with amended birth certificates or other forms of ID.” 

The U.S. Supreme Court is also currently deliberating on a case regarding transgender athletes in youth sports and their ability to play on teams that align with their gender identity, with the decision expected in the coming days.

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