National
LGBT contingent to join weekend immigration rally
Proponents of comprehensive immigration reform legislation are planning to rally this weekend
Proponents of comprehensive immigration reform legislation are planning to rally this weekend in support of the bill — and drum up support for a proposed component that would help same-sex couples.
Tens of thousands of demonstrators — perhaps even up to 100,000 — are expected to gather Sunday at 2 p.m. on the National Mall to call for passing immigration reform this year. Reform Immigration for America, a coalition of immigration reform organizations, is staging the event.
Within this larger protest, a contingent of about 200 protesters is set to advocate for LGBT inclusion in immigration reform, and in particular, a provision to help same-sex bi-national couples.
Because same-sex couples don’t have federal marriage rights that are available to straight couples, LGBT people in same-sex relationships with a foreign national cannot marry their partner to allow them to stay in the U.S.
Under current immigration law, an estimated 36,000 same-sex bi-national couples are kept apart or are in danger of separation. Standalone legislation in Congress known as the Uniting American Families Act would allow LGBT people to sponsor their partners for permanent residency.
Advocates of UAFA are trying to include the legislation as a provision in comprehensive reform — and are taking part in the rally to ensure their presence is visible within the larger immigration movement.
Steve Ralls, spokesperson for Immigration Equality, a group advocating for UAFA, said the rally will be “a visible reminder” to Congress and the Obama administration on keeping their pledge to tackle immigration reform in 2010.
“In fact, I would say that it has already been effective,” Ralls said. “The president last week called key senators to the White House and began holding meetings about how to address this issue, and I have no doubt that the march on the Mall helped to spur those meetings along.”
Among those participating in the rally is Laurie Larson, a 56-year-old Arlington, Va., resident, who’s marching on behalf of two friends who were torn apart.
Joe and Steve, former D.C. residents, lived in the District for 10 years together until Joe was laid off from his position as a structural engineer in 2009. Joe and Steve asked to be identified only by their first names. Because of the nature of his visa, Joe was able to stay in the United States for only six months after he lost his job. The couple is now separated, but planning a move to Canada so they can stay together.
Larson, who’s straight, said she’s taking part in the rally — after having participated in a LGBT rally for immigration reform in October — because she thinks the situation is “totally ludicrous.”
“It’s incumbent upon us to keep the issue in front of people,” she said. “We’ll continue to keep the issue in front of Congress and our representatives and the public at large. To me, it’s really one of the last civil rights issues of the 21st century.”
Also participating in the rally is Emmanuel Garcia, the Chicago-based host of “Homofrecuencia,” the only Spanish language LGBT radio show in the United States. He’s bringing about 100 LGBT people on a bus to participate in the D.C. protest.
For Garcia, who’s gay, participating in the march is not just about drawing attention to UAFA, but showing that LGBT immigrants are among those who are part of the immigration movement.
“We’re focused on a more complex conversation on immigration reform,” he said. “We also understand that there are a lot of LGBTs who would benefit from immigration reform under this bill without the Uniting American Families Act included.”
Garcia said passage of immigration reform would allow LGBT immigrants — even without the passage of UAFA — to remain in the U.S. if they don’t have a partner to sponsor them for residency.
“We have people who have come out as gay, lesbian and bisexual who are also coming out as undocumented,” he said. “Some of those stories relate to both experiences — what it’s like to come out as LGBT, what it’s like to come out in a society that doesn’t accept that doesn’t want to give a certain group rights because they don’t feel they deserve them.”
As advocates come to rally on the National Mall, Sens. Chuck Schumer (D-N.Y.) and Lindsey Graham (R-S.C.) are developing comprehensive immigration reform legislation in the U.S. Senate. Earlier this month, both senators met with Obama at the White House to discuss moving forward with the legislation.
But whether these senators will include UAFA in their legislation is unknown. Neither Schumer nor Graham’s office responded to DC Agenda’s requests to comment on the inclusion of UAFA in their bill.
Still, Ralls said he’s “optimistic” that the comprehensive legislation will include a provision for bi-national same-sex couples.
Ralls said Schumer noted during congressional testimony last year that he thought it was appropriate for immigration reform to include a UAFA-like provision. Ralls also noted that Sen. Patrick Leahy (D-Vt.), chair of the Senate Judiciary Committee, is the sponsor for the standalone version of UAFA in the Senate.
“Our hope and expectation is that with two champions as strong and influential as that, that we have a very good shot of being included,” Ralls said.
It’s also unclear when Schumer and Graham will make their bill public — and when they do, if enough time remains in the legislative calendar to pass immigration reform this year. With limited time remaining before lawmakers break to campaign for mid-term elections, other major issues such as financial reform and climate change legislation could take precedence over immigration.
Ralls said he hopes the senators will introduce their legislation sometime this spring and noted that Schumer has “remained steadfast in his desire to introduce the legislation just as soon as we can.”
Asked whether enough time remains this year for Congress to take on immigration reform, Ralls replied, “The short answer is I hope so.”
“I know that Sen. Schumer is working very hard to build the coalitions in the Senate and to bring people together to make that happen,” he said.
Despite advocates’ push for including a provision for UAFA as part of comprehensive immigration reform, a number of uncertainties and obstacles are in the way. One issue is whether Graham, who has a conservative voting record, would be open to including UAFA. The Human Rights Campaign gave him a score of 0 out of 100 on its most recent congressional scorecard.
But Ralls said he hopes Republicans such as Graham would allow for the inclusion of UAFA in the comprehensive reform because such a provision would strengthen families in the U.S.
“Republican lawmakers are going to take a strong stand in favor of family unification as a priority in the comprehensive bill,” Ralls said. “Lesbian and gay families are a natural fit for family unification issues.”
Ralls added that if Schumer and Graham can work together to create a bill that boasts bipartisan support for other issues — such as creating a path to citizenship for immigrants — UAFA “will not be a make-or-break situation.”
Another uncertainly is the degree to which the White House would support passing UAFA as part of comprehensive reform, particularly if administration officials believe including the provision would complicate passage of the larger bill.
The White House has expressed support for both UAFA and comprehensive immigration reform as individual items, but hasn’t endorsed passing them together as one larger package.
In response to a query on whether Obama would support passing UAFA this year as part of immigration reform, Shin Inouye, a White House spokesperson, said in a statement the president’s “commitment to fixing our broken immigration system remains unwavering, and he continues to hope for bipartisan leadership on legislation.”
“He has told members of both parties that if they can fashion a plan, he is eager to work with them to get it done and he has assigned Secretary [of Homeland Security Janet] Napolitano to work with stakeholders on that effort,” Inouye said.
Ralls said he thinks it would be “logical” for the White House to endorse UAFA as part of comprehensive reform if the administration favors passage of both legislative items.
“My belief is that they would like to see UAFA passed and that they are committed to comprehensive reform — and it just seems logical to me that the two go well together,” Ralls said. “If we’re going to have a comprehensive bill, it should be truly comprehensive and include lesbian and gay immigrants, too.”
But opposition from the Catholic Church — a strong voice for the Hispanic community seeking immigration reform — could be an obstacle. Last year, the U.S. Conference of Catholic Bishops came out against UAFA and said they couldn’t support immigration reform if a provision for LGBT couples were included in the larger legislation.
Ralls said the Conference of Catholic Bishops is “a sole minority voice,” though, among religious groups that have stated positions on the legislation. He said Methodists, Episcopalians, Unitarians and Jewish groups are among the religious organizations supporting UAFA.
“The list of faith groups who are committed to immigration reform that includes lesbian and gay families is very long and diverse,” Ralls said. “At the end of the day, people of faith should support keeping children with parents and families together and, in my view, it is the Christian thing to do.”
Also lacking among the advocacy groups is unanimity in favor of including UAFA as part of the larger bill.
Reform Immigration for America, an umbrella group for organizations calling for comprehensive reform, hasn’t stated a position on including UAFA in a larger bill. The organization didn’t respond to DC Agenda’s request to comment on its position.
Still, other groups supporting immigration reform have come out in favor of including UAFA in comprehensive reform. The Fair Immigration Movement, a project with the Center for Community Change, endorsed inclusion of UAFA earlier this month.
Marissa Graciosa, director of FIRM, said in a statement that her project supports the inclusion of UAFA to keep couples together.
“There is power in our diversity, but we must honor that diversity,” she said. “And it starts with keeping all families from all backgrounds together. This is why we support the Uniting American Families Act.”
Ralls said Immigration Equality is an active member for Reform Immigration for America and is working to bring organizations within that umbrella group in favor of UAFA inclusion.
In addition to FIRM, Ralls said the Mexican American Legal Defense & Educational Fund has noted the importance of including same-sex couples in immigration reform.
“So there are organizations within the immigration movement — both faith groups and immigrant groups that have been very vocal in their support of our inclusion,” he said.
Federal Government
Top Democrats reintroduce bill to investigate discrimination against LGBTQ military members
Takano, Jacobs, and Blumenthal sponsored measure
Multiple high-ranking members of Congress reintroduced the Commission on Equity and Reconciliation in the Uniformed Services Act into the U.S. House of Representatives and the U.S. Senate, aiming to establish a commission to investigate discriminatory policies targeting LGBTQ military members.
Three leading Democratic members of Congress — U.S. Rep. Mark Takano (D-Calif.), who is the House Veterans’ Affairs Committee’s ranking member and chairs the Congressional Equality Caucus; U.S. Sen. Richard Blumenthal (D-Conn.), who is the Senate Veterans’ Affairs Committee’s ranking member; and U.S. Rep. Sara Jacobs (D-Calif.) — introduced the bill on Tuesday.
The bill, they say, would establish a commission to investigate the historic and ongoing impacts of discriminatory military policies on LGBTQ servicemembers and veterans.
This comes on the one-year anniversary of the Trump-Vance administration’s 2025 Executive Order 14183, titled “Prioritizing Military Excellence and Readiness,” which essentially banned transgender servicemembers from openly serving in the Armed Forces, leading to the forced separation of thousands of capable and dedicated servicemembers.
In a joint statement, Takano, Blumenthal, and Jacobs shared statistics on how many service members have had their ability to serve revoked due to their sexual orientation:
“Approximately 114,000 servicemembers were discharged on the basis of their sexual orientation between WWII and 2011, while an estimated 870,000 LGBTQ servicemembers have been impacted by hostility, harassment, assault, and law enforcement targeting due to the military policies in place,” the press release reads. “These separations are devastating and have long-reaching impacts. Veterans who were discharged on discriminatory grounds are unable to access their benefits, and under the Trump administration, LGBTQ+ veterans and servicemembers have been openly persecuted.”
The proposed commission is modeled after the Congressional commission that investigated and secured redress for Japanese Americans interned during World War II. Takano’s family was among the more than 82,000 Japanese Americans who received an official apology and redress payment under that commission.
The press release notes this is a major inspiration for the act.
“Qualified servicemembers were hunted down and forced to leave the military at the direction of our government,” said Takano. “These practices have continued, now with our government targeting transgender servicemembers. The forced separation and dishonorable discharges LGBTQ+ people received must be rectified, benefits fully granted, and dignity restored to those who have protected our freedoms.”
“LGBTQ+ servicemembers have long been the target of dangerous and discriminatory policies—resulting in harassment, involuntary discharge, and barriers to their earned benefits,” said Blumenthal. “Establishing this commission is an important step to understand the full scope of harm and address the damage caused by policies like ‘Don’t Ask, Don’t Tell.’ As LGBTQ+ servicemembers and veterans face repugnant and blatant bigotry under the Trump administration, we will keep fighting to secure a more equitable future for all who serve our country in uniform.”
“Instead of righting wrongs and making amends to our LGBTQ+ service members and veterans who’ve suffered injustices for decades, I’m ashamed that the Trump administration has doubled down: kicking trans folks out of the military and banning their enlistment,” said Jacobs. “We know that LGBTQ+ service members and veterans have faced so much ugliness — discrimination, harassment, professional setbacks, and even violence — that has led to unjust discharges and disparities in benefits, but we still don’t have a full picture of all the harm caused. That needs to change. That’s why I’m proud to co-lead this bill to investigate these harms, address the impacts of discriminatory official policies like ‘Don’t Ask, Don’t Tell’ and the transgender military ban, and ensure equity and justice for our LGBTQ+ service members and veterans.”
Takano and Jacobs are leading the bill in the House, while Blumenthal is introducing companion legislation in the Senate.
Takano’s office has profiled and interviewed LGBTQ servicemembers who were harmed by discriminatory policies in the uniformed services.
The Commission on Equity and Reconciliation in the Uniformed Services Act is supported by Minority Veterans of America, Human Rights Campaign, Equality California, SPARTA, and the Transgender American Veterans Association.
In recent weeks, thousands of trans military members were forcibly put into retirement as a result of Trump’s executive order, including five honored by the Human Rights Campaign with a combined 100 years of service, all due to their gender identity: Col. Bree B. Fram (U.S. Space Force), Commander Blake Dremann (U.S. Navy), Lt. Col. (Ret.) Erin Krizek (U.S. Air Force), Chief Petty Officer (Ret.) Jaida McGuire (U.S. Coast Guard), and Sgt. First Class (Ret.) Catherine Schmid (U.S. Army).
Multiple career service members spoke at the ceremony, including Takano. Among the speakers was Frank Kendall III, the 26th U.S. Air Force secretary, who said:
“We are in a moment of crisis that will be worse before it is better. Members of my father’s and mother’s generation would ask each other a question: what did you do during the war? Someday we will all be asked what we did during this time. Please think about the answer that you will give.”
Uncloseted Media published this article on Jan. 24.
This story was produced with the support of MISTR, a telehealth platform offering free online access to PrEP, DoxyPEP, STI testing, Hepatitis C testing and treatment and long-term HIV care across the U.S. MISTR did not have any editorial input into the content of this story.
This story talks about addiction and substance use. If you or someone you know needs help, resources can be found here.
By SAM DONNDELINGER | In 2015, on the patio of Nowhere Bar, a queer nightclub in Louisville, Ky., music pulsed and bodies pressed as 23-year-old Lucas Pearson moved through the flashing lights and a blur of grinding limbs.
“I just randomly started talking to this guy,” he recalls. “He had this little spoon on a necklace, scooped out a hit of white powder, and handed it to me.”
Pearson sniffed it. Euphoria washed over him, time began to slow and the dancing bodies faded into a soft haze. For more than 10 minutes, Pearson felt “entirely present.” His social anxiety, depression, and any sadness he was feeling melted away.
While Pearson wouldn’t use ketamine again for the next five years, he says the feeling of ease the drug gave him was always “in the back of [his] mind.” So when he tried it for a second time in 2020 at a farm in upstate Kentucky, he liked the way it felt to disassociate from his childhood trauma.
“We got really messed up that night on it, and I was like, ‘I love this. I’ve missed this,’” Pearson told Uncloseted Media. “‘And I’m ready for some more.’”
Over the next three years, Pearson began using every day. Working remotely in the health care industry, no one checked in on him as long as he got his work done. He used ketamine at nightclubs, social events, game nights with friends and, eventually, at home alone.
“I was actively hooked on it,” he says. “I didn’t wanna do much of anything other than find that dissociating feeling. I just kept chasing it.”
While evidence suggests that most psychedelics have a lower risk of addiction than other drugs, ketamine is an exception, in part because it affects dopamine levels. In a 2007 bulletin from the Multidisciplinary Association for Psychedelic Studies, one researcher noted that after ketamine was invented in 1962, it developed a “reputation for insidiously trapping those who really knew better.” As a dissociative drug, ketamine induces a sense of detachment from one’s body, producing a trance-like state marked by pain relief, amnesia, euphoria, and a distortion of reality.
Despite declines in the use of other recreational drugs such as cocaine, ecstasy and nitrous oxide, ketamine use continues to rise, with one study finding that use increased by 81.8 percent from 2015 to 2019 and rose another 40 percent from 2021 to 2022. That increase is driven in part by ketamine’s growing legitimacy as a treatment for depression, anxiety, OCD, trauma, and even addiction.
As a result, ketamine clinics have proliferated across the U.S. with relatively few guardrails. At least a thousand clinics now offer off-label ketamine treatments outside of FDA-approved protections. Many commercial providers advertise same-day appointments and “almost immediate results.”
Alex Belser, a psychologist who studies psychedelic use in the queer community, says ketamine use has become pervasive among gay men. A 2025 study found that gay and lesbian adults in the U.S. are almost four times more likely to use ketamine than their heterosexual counterparts, and a 2011 study from the U.K. found that queer men were over three times more likely than queer women to use the drug.
Belser thinks ketamine use is so popular among gay men in part because of the high rates of loneliness, rejection, and trauma they experience. “Ketamine is not inherently good or bad. When used thoughtfully with integrity, with good protocols, it can be a really helpful medicine. But if left unregulated, with the amount of access and normalization we have, it can lead to addiction, harm, isolation, and bad outcomes,” he says.
Belser believes health misinformation is fueling a misunderstanding among gay men about the actual harm the drug can cause. “The medical and clinical communities have failed people by not adequately telling them that ketamine can lead to addiction and problematic outcomes,” he says. “It can serve people, but it can also damage people.”
‘Happy people don’t do ketamine’
Part of the appeal of ketamine is that dissociative feelings can relieve depressive symptoms, making it alluring to those who have trauma or mental health disorders. While properly regulated treatment works for some people, psychiatrist Owen Bowden-Jones says that he senses “the vast majority [of those addicted] are using it to self-medicate for emotional distress.”
“I always wanted to numb out my past,” says Pearson. “For the longest time, I saw ketamine as a possible way out.”
Pearson, now 33, was raised in a conservative and religious family. When he came out as gay to his mom at 16, he cried so much that he couldn’t speak and had to write it on a piece of paper and hand it to her.
“She stormed out of the house and ended up calling every member of the family and outing me. So that was really painful,” he says. “My whole childhood, I did not feel like I could be who I knew I was.”
“So when I picked up drugs, it was definitely a thought in my mind: This life that I lived as a child, I don’t want to feel it anymore,” he says. “I just want to numb it.”
One study shows that gay men are over three times as likely to develop PTSD compared to their heterosexual counterparts. Trauma can be one event or a “long string of daily hurts, such as … homophobia, bullying, and time spent in the closet,” according to Chris Tompkins, a licensed family therapist who works with gay men. Research shows that people who experience trauma are more likely to have addiction issues.
J, a 33-year-old marketing researcher based in Los Angeles, says his ketamine use began casually in his early 20s in New York’s queer nightlife scene, where the drug circulated freely. What started as an occasional escape intensified during the pandemic, when isolation, depression, and easy access turned ketamine into a daily habit.
“There’s a pretty fair connection between feelings of not being normal and my ketamine addiction,” J told Uncloseted Media. “I was bullied for being more feminine. My sexuality was a subject of speculation and that forced me to close down. So something like a dissociative drug is appealing because it either allows me to continue those blocks or to bring down the barriers.”
“There was a night when I had done K for the first time in a while, and the next couple of days, I felt so good,” he says. “I felt like my depression had lifted, and that feeling of doubt and fear I’d had throughout my life was totally gone.”
After that night, J, who asked to use a first initial to protect his identity, started using ketamine daily to chase the feeling of euphoria and relief. He got a prescription for ketamine treatment therapy, but he says it wasn’t enough.
“There were days when I would go do an infusion of ketamine and I would do more at home on my own. If I have the ability to escape feelings, to numb feelings, I will go after that.”
Many ketamine clinics in the U.S. advertise ketamine therapy as a cure-all. For example, the online clinic Better U promises that ketamine therapy will help you say goodbye to “Trauma,” “Chronic Stress,” “Depression and Anxiety,” “OCD,” “PTSD” and “Grief.”
What the clinic doesn’t note on its landing page is the possibility of addiction, which is what happened to J. While a common dose of ketamine is between 30-75 mg, J began using multiple grams a day. He spent thousands of dollars a month on ketamine and began structuring his life around the drug. “It stopped being about going out or having fun,” he says. “It just became what I did day in and day out.”
“Happy people don’t do ketamine,” Tasha, who is in recovery from a six-year-long addiction, told Uncloseted Media. She first tried the drug for fun at 17, but it became a problem after her father died when she was 26. At her peak, she was taking six to nine grams every day and up to 24 grams over the weekends.
“The wheels just fell off,” she says. “It’s an escapism drug — of course people with more trauma will do it more. You want to forget about everything so you take it and then it stops becoming fun and you don’t want to see your friends anymore. You just stay in your home behind closed doors sniffing K to get out of your head.”
The physical consequences of ketamine
Tasha didn’t know that chronic ketamine use can cause inflammation, ulceration, and damage or scarring to the bladder, liver, kidneys, and gallbladder. After using it for six years, she checked herself into the intensive care unit.
“I was just writhing in pain from K cramps, like a sharp stabbing pain under your ribs,” she says. “The trouble is, nothing works to fix them. The only thing that helps is doing more K. I had no idea it was so painful,” says Tasha, adding that she’s seen four people die from ketamine addiction in the last three years.
“There were times in my use where I would be screaming in bed in the worst agony I’ve ever felt in my life,” J says. “The only thing that made the pain better was using more drugs. It got to the point that I needed to have some amount of K in my system to function.”
“There is a massive explosion of ketamine use and addiction,” Mo Belal, a consultant urological surgeon and an expert on the severe bladder and kidney damage caused by chronic ketamine abuse, told Uncloseted Media. “The trouble is, it’s impossible to treat bladder and kidney damage when people are still using.”
Belal says that for those seeking treatment, there are no specific ketamine rehabilitation programs in the U.S. “Addiction and pain management services need to be involved in healing from ketamine abuse, because the drug’s effects often require specialized support.”
Belal says that during a one-hour rehab session, someone experiencing severe ketamine-related bladder pain might need to leave every 20 minutes, making it difficult for the patient to stay engaged.
“We need more awareness,” he says. “We need more centers for ketamine rehabilitation.”
Education and awareness
While there is some research about the effects of ketamine, Belser could not point to any studies that focus on how the drug intersects with gay men experiencing trauma. “The community of ketamine researchers and prescribers has been naive historically in understanding the habit-forming properties of ketamine,” he says. “What are the effects of ketamine use, good or bad, for gay men experiencing trauma, lifelong discrimination, and family rejection? We don’t know, because critical research hasn’t been funded.”
The Drug Enforcement Administration classifies ketamine’s abuse potential as moderate to low, a designation that may contribute to limited public education about its risks, including dependence and long-term side effects. Many people who encounter ketamine on the dance floor think it’s a healthy alternative to alcohol because they believe it’s non-addictive and it doesn’t give you a hangover.
“I did think that it was pretty safe when I was using and I didn’t think it was going to be addictive,” Pearson says.
Pearson, who has been clean for two years, says it wasn’t until he reached out to a friend who had recovered from ketamine use that he began getting clean. “I saw how happy my friend was in recovery, how normal his life felt. … And I knew that was the life I wanted.”
Similarly, for J, he felt alone in his ketamine addiction. It wasn’t until he found a queer-centered substance rehab program in LA that he felt some hope.
“It helped patch some of the missing pieces to my experiences in treatment before,” he says. “I think that relapse is a part of every addict’s story and every recovery story. But I think my relapses indicated that I still had some unresolved trauma and deep wounds that I hadn’t been aware of yet. And I think being around queer people in recovery has been helpful for me to feel a lot more comfortable with myself.”
Today, J is in therapy, continuing to break down the walls of his childhood trauma. Pearson is in a 12-step program after doing intensive therapy in his first few months of sobriety to help “clear up a lot of traumatic things that happened” in his past.
“I finally realized how far I’d drifted from everyone in my life — my friends, my family, even myself,” Pearson says. “I was chasing this feeling of disappearance, and it almost cost me everything. If I hadn’t stopped when I did, I don’t think I’d still be here. Getting sober gave me my life back, and I don’t ever want to lose that again.”
Federal Government
Trump-appointed EEOC leadership rescinds LGBTQ worker guidance
The EEOC voted to rescind its 2024 guidance, minimizing formally expanded protections for LGBTQ workers.
The U.S. Equal Employment Opportunity Commission voted 2–1 to repeal its 2024 guidance, rolling back formally expanded protections for LGBTQ workers.
The EEOC, which is composed of five commissioners, is tasked with enforcing federal laws that make workplace discrimination illegal. Since President Donald Trump appointed two Republican commissioners last year — Andrea R. Lucas as chair in January and Brittany Panuccio in October — the commission’s majority has increasingly aligned its work with conservative priorities.
The commission updated its guidance in 2024 under then-President Joe Biden to expand protections to LGBTQ workers, particularly transgender workers — the most significant change to the agency’s harassment guidance in 25 years.
The directive, which spanned nearly 200 pages, outlined how employers may not discriminate against workers based on protected characteristics, including race, sex, religion, age, and disability as defined under federal law.
One issue of particular focus for Republicans was the guidance’s new section on gender identity and sexual orientation. Citing the 2020 U.S. Supreme Court’s Bostock v. Clayton County decision and other cases, the guidance included examples of prohibited conduct, such as the repeated and intentional use of a name or pronoun an individual no longer uses, and the denial of access to bathrooms consistent with a person’s gender identity.
Last year a federal judge in Texas had blocked that portion of the guidance, saying that finding was novel and was beyond the scope of the EEOC’s powers in issuing guidance.
The dissenting vote came from the commission’s sole Democratic member, Commissioner Kalpana Kotagal.
“There’s no reason to rescind the harassment guidance in its entirety,” Kotagal said Thursday. “Instead of adopting a thoughtful and surgical approach to excise the sections the majority disagrees with or suggest an alternative, the commission is throwing out the baby with the bathwater. Worse, it is doing so without public input.”
While this now rescinded EEOC guidance is not legally binding, it is widely considered a blueprint for how the commission will enforce anti-discrimination laws and is often cited by judges deciding novel legal issues.
Multiple members of Congress released a joint statement condemning the agency’s decision to minimize worker protections, including U.S. Reps. Teresa Leger Fernández (D-N.M.), Grace Meng (D-N.Y.), Mark Takano (D-Calif.), Adriano Espaillat (D-N.Y.), and Yvette Clarke (D-N.Y.) The rescission follows the EEOC’s failure to respond to or engage with a November letter from Democratic Caucus leaders urging the agency to retain the guidance and protect women and vulnerable workers.
“The Equal Employment Opportunity Commission is supposed to protect vulnerable workers, including women, people of color, and LGBTQI+ workers, from discrimination on the job. Yet, since the start of her tenure, the EEOC chair has consistently undermined protections for women, people of color, and LGBTQI+ workers. Now, she is taking away guidance intended to protect workers from harassment on the job, including instructions on anti-harassment policies, training, and complaint processes — and doing so outside of the established rule-making process. When workers are sexually harassed, called racist slurs, or discriminated against at work, it harms our workforce and ultimately our economy. Workers can’t afford this — especially at a time of high costs, chaotic tariffs, and economic uncertainty. Women and vulnerable workers deserve so much better.”
