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Spicer hints at coming action on anti-LGBT ‘religious freedom’ order

Trump transition official says directive being redrafted and coming soon

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Sean Spicer, gay news, Washington Blade

White House Press Secretary Sean Spicer says he expects something on a “religious freedom” executive order.

Amid renewed concerns President Trump would sign a “religious order” undermining LGBT rights, White House Press Secretary Sean Spicer said Monday he expects the administration would soon “have something.”

Spicer made the remarks in response to a question from the Daily Signal, an arm of the anti-LGBT Heritage Foundation, on whether the order is still coming and whether it would extend beyond the Johnson Amendment, a law Trump has pledged to repeal barring churches from making political endorsements.

“I think we’ve discussed executive orders in the past, and for the most part, we’re not going to get into discussing what may or may not come until we’re ready to announce it,” Spicer replied. “So, I’m sure as we move forward we’ll have something.”

It wasn’t immediately clear whether the “something” to which Spicer was referring was an actual executive order or a statement on a policy position for the way forward.

Although Trump initially passed up the opportunity to sign a proposed anti-LGBT “religious freedom” executive order at the time of the National Prayer Breakfast during the start of the administration, a recent report in The Huffington Post raised concerns a different order will come soon.

The report quotes Ken Blackwell, a senior fellow at the anti-LGBT Family Research Council who oversaw domestic policy for the Trump transition team, from an interview he had with Sirius XM’s Michelangelo Signorile in which Blackwell says the order is being redrafted and on the way.

“In the final analysis, what we want is an executive order that will meet the scrutiny of the judicial process,” Blackwell is quoted as saying. “If there is no executive order, that will disappoint [social conservatives]. But a good executive order will not. So we’re still in the process.”

Blackwell reportedly said the former director of Family Research Council’s Center for Religious Liberty, Ken Klukowski, had “actually structured” the initial draft order as a legal adviser to Trump’s transition team and is now one of the lawyers “in the process of redrafting it.” Klukowski is now a senior attorney at the Liberty First Institute and a contributor to Breitbart, a conservative website.

The “anchor concept” of the order, Blackwell is quoted as saying, is a directive allowing people in the course of business to refuse services to LGBT people out of religious objections.

“I think small business owners who hold a religious belief that traditional marriage is between one man and one woman should not have their religious liberty trampled upon,” he explained. “I would imagine that that will be, strongly and clearly, the anchor concept [of the order].”

No federal law prohibits discrimination in public accommodations on the basis of gender, sexual orientation or gender identity and an executive order like this would send a signal to individuals they should feel free to discriminate. A federal “religious freedom” executive order wouldn’t preempt state laws barring anti-LGBT discrimination.

Klukowski is also quoted in the Huffington Post article as saying he’s “not at liberty to speak about” the order specifically, but nonetheless expressed confidence Trump would act to protect religious freedom both through judicial appointments and possibly administrative actions.

“And I’m confident,” Klukowski reportedly said, “that the president is showing ― much to the shock of many establishment people who said, ‘There’s no way this’ll happen’ ― that he keeps his promises, even when they’re things that an establishment player would never do. And I’m confident that he’s going to keep his promise when it comes to protection of religious liberty as well.”

Last month, a draft executive order began circulating among federal advocacy groups that would allow persons and religious organizations — broadly defined to include for-profit companies — to discriminate on the basis of religious objections to same-sex marriage, premarital sex, abortion and transgender identity.

At the time, the White House downplayed the draft executive order and said Trump wouldn’t sign it — at least for the time being. Media reports circulated that Ivanka Trump and Jared Kuskner convinced Trump not to sign the “religious freedom” order and the president wasn’t ever seriously considering doing so.

The White House issued a statement saying Trump would preserve the Obama-era order against workplace discrimination among federal contractors and is “respectful and supportive of LGBTQ rights.” That pledge of support was undermined after the administration later rescinded guidance protecting transgender students from discrimination at schools.

Olivia Dalton, the Human Rights Campaign’s senior vice president for communications and marketing, said renewed plans for an anti-LGBT “religious freedom” order shouldn’t come as a surprise.

“Donald Trump and Mike Pence have repeatedly threatened the LGBTQ community, and by their own admission this ‘license to discriminate’ order has been circulating for weeks,” Dalton said. “No one should be surprised — their despicable attack on transgender kids last week showed just how low they’re willing to go.”

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Congress

Marjorie Taylor Greene’s bill to criminalize gender affirming care advances

Judiciary Committee markup slated for Wednesday morning

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U.S. Rep. Marjorie Taylor Greene (R-Ga.) (Washington Blade photo by Michael Key)

U.S. Rep. Marjorie Taylor Greene (R-Ga.)’s “Protect Children’s Innocence Act,” which would criminalize guideline-directed gender affirming health care for minors, will advance to markup in the House Judiciary Committee on Wednesday morning.

Doctors and providers who administer medical treatments for gender dysphoria to patients younger than 18, including hormones and puberty blockers, would be subject to Class 3 felony charges punishable by up to 10 years in prison if the legislation is enacted.

LGBTQ advocates warn conservative lawmakers want to go after families who travel out of state to obtain medical care for their transgender kids that is banned or restricted in the places where they reside, using legislation like Greene’s to expand federal jurisdiction over these decisions. They also point to the medically inaccurate way in which the bill characterizes evidence-based interventions delineated in standards of care for trans and gender diverse youth as “mutilation” or “chemical castration.”

Days into his second term, President Donald Trump signed “Protecting Children from Chemical and Surgical Mutilation,” an executive order declaring that the U.S. would not “fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit” medical treatments and interventions intended for this purpose.

Greene, who has introduced the bill in years past, noted the president’s endorsement of her bill during his address to the joint session of Congress in March when he said “I want Congress to pass a bill permanently banning and criminalizing sex changes on children and forever ending the lie that any child is trapped in the wrong body.”

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Delaware

Delaware considers enshrining same-sex marriage into state Constitution

Senate Executive Committee will hear testimony on Wednesday

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Delaware state Sen. Russ Huxtable introduced the bill last month. (Washington Blade photo by Daniel Truitt)

Delaware is considering amending its state Constitution to codify same-sex marriage. The bill, SB 100, will be heard in committee on Wednesday. 

SB 100 was introduced in April 2025 by Democratic Sen. Russ Huxtable of the sixth district of Delaware and is the first leg of an amendment to the Delaware Constitution. The act would “establish the right to marry as a fundamental right and that Delaware and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender.”

“[SB 100] really came from the community that I represent and so that was the inspiration behind it, addressing concerns that my constituents have,” Huxtable told the Washington Blade. 

CAMP Rehoboth, an LGBTQ community center and advocacy organization based in Rehoboth Beach, sent a letter to members of the Senate Executive Committee in support of SB 100. 

“We applaud this proactive approach because it ensures that even if federal protections are weakened, same-sex couples in Delaware will retain their rights under Delaware law,” the letter reads. “We believe that doing so NOW is crucial for several reasons, particularly in the context of evolving legal landscapes and the erosion of civil rights long recognized in Federal law.”

CAMP Rehoboth Board President Leslie Ledogar is scheduled to testify at the Wednesday hearing on behalf of CAMP Rehoboth. She hopes to convey how personal this bill is for the organization. 

Ledogar said CAMP Rehoboth has an almost 35-year history of advocating on behalf of LGBTQ people in the state of Delaware. Past Board President Chris Beagle and his husband were among the first couples to be married in Sussex County after same-sex marriage was legalized in the state in 2013, with CAMP Rehoboth hosting the ceremony. 

The letter cited concerns with the possibility of Obergefell v. Hodges being overturned in the future, the landmark 2015 Supreme Court case that guaranteed the right to marry for same-sex couples. 

“We really feel that this is a proactive and protective measure that ensures long-term security for LGBTQ+ couples,” Ledogar said. “While we do have that [protection] now, it could be just that temporary and just that fleeting, and everything we’ve worked for and built could fall apart, not by our own initiative but because of the stroke of a pen.”

The letter details the positive impact that the bill would have on Delaware’s LGBTQ community, such as affirming equality and human dignity, preventing legal backsliding and creating legal certainty and reflecting public support. 

“[SB 100] would align the law with the values of a majority of Delawareans, ensuring that legal frameworks reflect contemporary societal norms and standards,” Ledogar said. 

In 2024, the Public Religion Research Institution found that 61% of Delawareans favor allowing same-sex couples to marry. 

Some critics of the bill cite religious concerns, though SB 100 explicitly protects clergy refusal, saying that “the right to marry regardless of gender does not infringe upon the right to freedom of religion because religious organizations and members of the clergy have the right to refuse to solemnize a marriage.” 

The bill requires a vote of two-thirds of the members elected to each house of the General Assembly to pass. If passed, the next General Assembly after the next general election also has to pass it. Delaware is the only state in the country that can amend its state Constitution without a vote of the people. Constituents can register to watch the hearing virtually here.

Other states such as California, Colorado, and Hawaii have introduced and passed similar bills to protect the right of all people of all genders to marry under state law. 

Huxtable said he hopes Delaware can send a message to other states that they can do the same thing and “don’t need to feel the threat from extremists.”  

“I think it’s showing that the General Assembly in Delaware in particular are advocating for good policy celebrating the individual … We’re governing by our values and not our fears.”  

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Chile

Chilean lawmakers back report that calls for suspension of program for trans children

Country’s first transgender congresswoman condemned May 15 vote

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LGBTQ activists criticized Chilean lawmakers who endorsed a report that calls for the suspension of a program for transgender and nonbinary children. (Photo courtesy of Fundación Iguales)

The Chilean Chamber of Deputies on May 15 approved a report that recommends the immediate suspension of a program that provides psychosocial support to transgender and gender non-conforming children and adolescents and their parents.

The 56-31 vote in favor of the Investigation Commission No. 57’s recommendations for the Gender Identity Support Program sparked outrage among activists in Chile and around the world. Six lawmakers abstained.

The report proposes the Health Ministry issue a resolution against puberty blockers, cross-hormonalization, and other hormonal treatments for minors, regardless of whether they have been diagnosed with gender dysphoria. The report also suggests Chilean educational institutions should not respect trans students’ chosen names.

The report, among other recommendations, calls for a review of the background of all minors who are currently receiving hormone treatments. The report also calls for the reformulation of hormone therapy guidelines and sending this background information to the comptroller general.

Report ‘sets an ominous precedent’

Frente Amplio Congresswoman Emilia Schneider, the first trans woman elected to the Chilean Congress and a member of the commission, sharply criticized her colleagues who voted for the report.

“Today in the Chamber of Deputies the report of hatred against trans people was approved; a report that seeks to roll back programs so relevant for children, for youth, such as the Gender Identity Support Program; a program that, in addition, comes from the government of (the late-President) Sebastián Piñera,” Schneider told the Washington Blade. ”This is unacceptable because the right-wing yields to the pressures of the ultra-right and leaves the trans community in a very complex position.”

Schneider noted “this report is not binding; that is, its recommendations do not necessarily have to be taken into account, but it sets an ominous precedent.” 

“We are going backwards on such basic issues as the recognition of the social name of trans students in educational establishments,” she said.

Ignacia Oyarzún, president of Organizing Trans Diversities, a Chilean trans rights group, echoed Schneider’s criticisms. commented to the Blade. 

“We regret today’s shameful action in the Chamber of Deputies, where the CEI-57 report issued by the Republican Party was approved in a context of lies, misinformation and misrepresentation of reality,” Oyarzún told the Blade. “This only promotes the regression of public policies and conquered rights that have managed to save the lives of thousands of children in the last time.” 

Oyarzún added the “slogan ‘children first’ proves to be an empty phrase without content used by those who today promote measures that push to suicide a significant number of children for the fact of being trans.”

The Movement for Homosexual Integration and Liberation, a Chilean LGBTQ rights group known by the acronym Movilh also condemned the approval of the report, calling it “transphobic” and accusing the commission of omitting the opinions of organizations and families that support the current policies. 

Movilh notes lawmakers approved both the Gender Identity Law and Circular 812, which promotes respect for trans students’ rights, within the framework of an agreement with the Inter-American Commission on Human Rights.

“The text of the approved report is scandalous, because it seeks to take away the access to health to trans minors, including denying them the psychosocial accompaniment that also includes their respective families,” said María José Cumplido, executive director of Fundación Iguales, another Chilean LGBTQ advocacy group. “Likewise, it attempts against school inclusion, since it intends to eliminate something as essential as the use of the social name in educational spaces. In short, it takes away rights and freedoms to trans people, especially to minors.”

Cumplido, like Schneider, pointed out that “although its content is not binding, we will be alert to the political and legislative consequences that it may produce and we will continue working to avoid setbacks with respect to the rights of trans people.”

The report’s approval reflects a global trend that has seen neighboring Argentina, the U.S., and other countries reserve policies for trans and nonbinary young people. The Peruvian Health Ministry recently classified gender identity as a mental illness, and lawmakers have passed a law that prevents trans people from using public restrooms based on their identity.

Casa Rosada in Buenos Aires, Argentina, last month. Argentina is among the countries that have curtailed the rights of transgender and nonbinary children. (Washington Blade
photo by Michael K. Lavers)

Experts and human rights activists warn the suspension of Chile’s Gender Identity Support Program and other programs could adversely impact the mental health of trans and nonbinary children who already face high levels of discrimination and are at heightened risk to die by suicide.

“We will defend the Gender Identity Support Program and the right to exist of trans children and youth across the country,” said Schneider. “I want to reassure the trans families of our country that we will not rest until our rights are respected and that we can continue advancing because there is still much to be conquered.”

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