News
ENDA latest non-marriage target for NOM
Email blast another sign anti-gay group expanding focus beyond marriage
NOM President Brian Brown is calling ENDA a “trojan horse” bill (Washington Blade file photo by Michael Key).
The anti-gay National Organization for Marriage is urging its supporters to stop passage of the Employment Non-Discrimination Act in the group’s latest involvement in an issue outside of marriage.
In an email blast sent to supporters Friday morning, Brian Brown, NOM’s president, calls for the defeat of ENDA, saying the legislation’s prohibition on anti-LGBT job bias is a “trojan horse” that would “attack the foundational institution of marriage between a man and a woman.”
“In the wake of Justice Kennedy’s misguided opinion in the DOMA case (Windsor v. U.S.) it is certain that this federal ENDA bill will become a fulcrum used by same-sex ‘marriage’ activists to try to foist a marriage redefinition regime on the entire country,” Brown writes.
Brown insists that with ENDA in place, courts will have rationale to “easy rationale” to overturn bans on same-sex marriages when confronted with legal challenges for these laws.
Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, said the latest efforts by NOM against ENDA demonstrate its true focus isn’t marriage, but something broader.
“NOM’s opposition to ENDA is yet further proof that their mantra of ‘protecting marriage’ is nothing more than anti-LGBT animus,” Cole-Schwartz said. “They oppose any level of protections for our community and represent a small and shrinking minority of people.”
Brown contends in the email individuals who oppose same-sex marriage would be subject to lawsuits under the proposed legislation by expressing their view in the workplace.
“Under the law, individuals holding the common-sense belief that marriage is about giving kids a mom and a dad would be subject to punishment,” Brown writes. “Expressions of support for true marriage in the workplace would no longer be a fundamental right, but discriminatory, bigoted and an actionable offense!”
Tico Almeida, president of Freedom to Work, insisted the argument that opponents of same-sex marriage would be punished under ENDA isn’t true.
“NOM’s argument is absurd and shows they know they’re losing this debate on the actual issues addressed in this legislation,” Almeida said. “After ENDA, employers like Chick-fil-A’s Dan Cathy will retain the right to say or tweet anything he wants about marriage and to donate all he wants to anti-gay organizations that oppose marriage equality. ENDA’s protections against workplace harassment will adopt Title VII’s high standard for a ‘hostile work environment’ requiring abusive comments and epithets that are frequent and severe before an employee can bring a valid claim.”
Listed within the email blast are the numbers of eight Republican senators that NOM identified as potential swing votes on ENDA: Sens. John McCain (R-Ariz.), Rob Portman (R-Ohio), Orrin Hatch (R-Utah), Kelly Ayotte (R-N.J.), Jeff Flake (R-Ariz.), Dean Heller (R-Nev.), Pat Toomey (R-Pa.) and John Barrasso (R-Wyo.). Brown urges supporters to call the office of these “to make sure these senators know where the majority of Americans stand on this dangerous bill.”
The mailing is the latest involvement from NOM in an issue that is relevant to the LGBT community, has not overtly related to marriage. The organization previously joined efforts to overturn the California transgender student law, which enables transgender students in California to participate in programs and athletics consistent with their gender identity. According to Right Wing Watch, Brown has also travelled to Russia to urge passage of a law in the country prohibiting same-sex couples in other countries from adopting Russian children.
State Department
Democracy Forward files FOIA request for State Department bathroom policy records
April 20 memo outlined anti-transgender rule
Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.
A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.
“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”
President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”
Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.
Federal Government
House Republicans push nationwide ‘Don’t Say Gay’ bill
Measures would restrict federal funding for LGBTQ-affirming schools
Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.
Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.
The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.
The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.
It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”
LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.
A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.
Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.
David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.
“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”
This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.
The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.
Botswana’s government has repealed a provision of its colonial-era penal code that criminalized consensual same-sex sexual relations.
The country’s High Court in 2019 struck down the provision. The Batswana government in 2022 said it would abide by the ruling after country’s Court of Appeals upheld it.
The government on March 26 announced the repeal of the penal code’s “unnatural offenses” section that specifically referenced any person who “has carnal knowledge of any person against the order of nature” and “permits any other person to have carnal knowledge of him or her against the order of nature.”
Lesbians, Gays and Bisexuals of Botswana, a Batswana advocacy group known by the acronym LEGABIBO, challenged the criminalization law with the support of the Southern Africa Litigation Center. LEGABIBO in a statement it posted to its Facebook on April 25 welcomed the repeal.
“For many, these provisions were not just words on paper — they were lived realities,” said LEGABIBO. “They affected access to healthcare, safety, employment, and the freedom to love and exist openly.”
“LEGABIBO believes that the deletion of these sections is a necessary and long-overdue step toward restoring dignity and aligning our legal framework with constitutional values of equality and human rights,” it added. “It is a clear message that LGBTIQ+ persons are not criminals, and that their lives and relationships deserve protection, not punishment.”
LEGABIBO further stressed that “while this does not erase the harm of the past, it creates space for healing, inclusion, and continued progress toward full equality.”
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Botswana repeals colonial-era sodomy law
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