News
Meet the 8 House Dems who don’t co-sponsor ENDA
Advocates push to find 218 votes for bill

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.”
Obituary
Beloved local master gardener Frank Asher dies at 69
Longtime LGBTQ rights advocate also known as actor, artist
Frank Larue Asher, described by friends and family members as an acclaimed urban gardener who operated a nonprofit nursery business in D.C.’s Shaw neighborhood from around 2008 until his retirement in 2018 when he moved to Cumberland, Md., and served on the board of a local museum, died July 15.
His longtime friend Raphael Aguon said his passing followed a years-long battle with cancer.
“He was a master gardener who worked diligently to make beautiful spaces for us passersby to enjoy and be inspired,” Aguon said in a Facebook posting. “Frank was kind, and fierce when it came to advocating for LGBTQ rights,” Aguon wrote. “He was deeply loving, sensitive, intelligent, inquisitive, and wondrously creative.”
A Washington Blade profile on Asher published in 2014 reported he was a native of California who moved to D.C. in 1994 as a conference organizer and a short time later began upgrading “sidewalk tree boxes” near his then Dupont Circle home before taking a job managing a local floral shop.
He next started a local landscaping business called Fairies Crossing that specialized in residential, rooftop, and commercial installations, he told the Blade.
In 2008, Asher opened his nursery called the Old City Farm and Guild in what had been a trash-strewn empty lot across from his then new nearby home in the city’s Shaw neighborhood.
Located at 925 Rhode Island Ave., N.W., the sprawling nursery offered a wide range of plant-related items such as seedlings, flowering plants, vegetable plants, shrubs, soils and compost, and gardening supplies. Described by Asher as a place “where people and plants come together,” the Old City Farm and Guild also became a community gathering place.
The Blade profile on Asher reported it soon began hosting performances by local musicians “in a step-down oval space serving as an amphitheater for outdoor neighborhood dances and movie nights projecting films onto a whitewashed wall.”
Asher stated in online postings that in 2018 he sold his businesses to retire and moved to Cumberland, Md., where, among other things, he served on the board of Gilchrist Museum of the Arts.
At the time of his passing the museum released a statement calling Asher “a talented local artist, a devoted supporter of the museum, a former board member, and, above all, a genuinely kind soul. His passion for the arts and his generosity touched countless lives, leaving a lasting impact on our community.”
Melissa Ryan, Asher’s niece, appeared to highlight Asher’s life as he was known by friends and family members in her own Facebook posting.
“He loved people, animals, and plants, all living things were respected and loved,” she wrote. “He was an actor, an artist, an author, an amazing gardener, heavily involved in his communities, always helping, seeking out needs and doing anything he could to fulfill them.”
National
DOJ seeks to dismiss some claims in gay FBI employee’s bias lawsuit
David Maltinsky was fired after displaying Pride flag at desk
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 constitutional 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.”
Baltimore
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
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.
-
Congress4 days agoLindsey Graham has passed away. Do LGBTQ people have a right to celebrate his death?
-
a&e features4 days agoThe queer Asian comics building collective joy in D.C.
-
Pentagon4 days agoHegseth announces testosterone initiative as trans troop ban continues
-
Opinions4 days agoROSENSTEIN: Vote Susan Stewart for mayor of Rehoboth Beach
