National
Pelosi wants ‘Don’t Ask’ vote this year
Announcement comes as activists plan Sunday protest at White House

U.S. House Speaker Nancy Pelosi wants to hold a House vote this year on ‘Don’t Ask, Don’t Tell.’ (DC Agenda photo by Michael Key)
U.S. House Speaker Nancy Pelosi (D-Calif.) is planning to hold a vote this year on repeal of “Don’t Ask, Don’t Tell,” according to her office.
“It is the Speaker’s intention that a vote will be taken this year on [‘Don’t Ask, Don’t Tell’] in the House,” Drew Hammill, a Pelosi spokesperson, told the Washington Blade in a statement this week.
The announcement is welcome news for repeal advocates because Pelosi has yet to send legislation to the floor that lacked sufficient support for passage.
Michael Cole, a Human Rights Campaign spokesperson, praised Pelosi for planning the vote.
“As we’ve been saying for a long time now, the time to repeal the ‘Don’t Ask, Don’t Tell’ law is this year, and it’s a positive sign to hear congressional leaders affirm that,” Cole said.
Still, he noted that further work is necessary to make repeal happen.
“We need pressure on the Congress, we need pressure on the White House, we need pressure across the board, and as we get into this critical period, signs like that are promising,” he said.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said he learned last week in a meeting with House Majority Leader Steny Hoyer that the House was planning the vote.
“I’m delighted that [Pelosi] reaffirmed to hold the vote this year,” he said.
Sarvis said the planned vote is helpful because it “underscores to the White House the seriousness of purpose” and the importance of moving key votes in the House and Senate during upcoming weeks.
“The hour for the president as well as for the leadership to become engaged is now,” he said. “The reality is — particularly in the Senate Armed Services Committee — we are still short of some critical votes. We don’t have the votes today. We’re on the brink of getting them, and we need help from leadership on the Hill and from the president himself.”
As plans for the House vote emerged, pressure continued to build on President Obama to make a greater effort to repeal “Don’t Ask, Don’t Tell” this year. Activists were planning a White House protest Sunday to draw more attention to the issue.
Heading the event are the grassroots groups Queer Rising and GetEqual. The latter organization was responsible for civil disobedience protests in recent months, including arrests on two occasions of LGBT former service members who chained themselves to the White House gates in protest of “Don’t Ask, Don’t Tell.”
Alan Bounville, a member of Queer Rising and East Coast organizer for GetEqual, said the focus of Sunday’s protest would be to press Obama to send to Congress language repealing “Don’t Ask, Don’t Tell” as part of his budget recommendations for the defense authorization bill.
“We want the president to transmit to the Senate Armed Services Committee the language that’s put into the [Department of Defense] budget to repeal this ridiculous law immediately,” he said. “We want that to happen right now; we want him to do that this moment.”
Activists are urging Obama to send such language to Congress soon because the defense committees are expected to hold markups next month for defense authorization legislation. The Senate Armed Services Committee, which advocates have been pushing to take up the issue of “Don’t Ask, Don’t Tell” is scheduled to hold its markup on May 26.
“So [the protest is] really just part of the growing swell of grassroots pressure that’s being placed on the president to take leadership on this issue because we know this window is closing for this to happen this year,” Bounville said.
The protest is set to take place Sunday from noon to 3 p.m. at Lafayette Park. Bounville noted that the number of people who participate could be in the hundreds or more. Organizers are still working on the messaging for the protest, Bounville said, including what he called a “visual component” that “may or may not happen that would also provide a stark visual image at the actual rally.”
The list of speakers planning to take part in the protest is still being finalized, but Bounville said among those taking part would be U.S. Army Lt. Dan Choi, an Iraq war veteran who was among those who chained himself to the White House fence in protest of “Don’t Ask, Don’t Tell.”
“There’s a list of speakers that are taking the stage and just really sharing their stories, repeating this demand over and over and over,” Bounville said. “We’ll be doing a lot of chanting and just really connecting the people not just to this issue, but also to the fact we’re really fighting for full federal equality.”
Bounville was non-committal about whether civil disobedience would be a component of Sunday’s protest. He said he had “no idea” whether anyone would break the law at the event.
“I have no idea and usually those types of things would be kept under wraps anyway,” he said. “So that’s definitely something we wouldn’t know until we’re actually out there.”
But at least one lawmaker was skeptical about the impact of the Sunday protest. Gay Rep. Barney Frank (D-Mass.), when asked about the effectiveness of the White House protest, replied, “You think President Obama is going to cave because people are demonstrating in front of the White House? No.”
“If presidents were going to change because people demonstrate, then what happens when people demonstrate in the opposite direction?” he said. “Do you count the number of demonstrators? I continue to be frustrated by people trying to take the easy way out — the way that gives them an emotional release — instead of calling senators and calling representatives.”
Frank said he was willing to bet most of those participating in the protest have not lobbied their lawmakers “in a significant way.”
“By which, I mean, call them and getting other people to call them,” he said.
In response, Bounville said Frank and others shouldn’t disparage acts of civil disobedience because people are putting themselves on the line for these efforts.
“That’s disgusting,” he said. “When they say things that really condemn non-violent direct action, they’re completely out of touch, not just with this movement, but with the social movement in general.”
Bounville said he didn’t think “letter writing and phone calling and $2,500 a plate dinners” have influenced lawmakers to move toward repeal, and what’s working “is the groundswell of grassroots support.”
“So if there were any civil disobedience at this rally, if it’s well executed, I think that would be a wonderful thing for the movement,” he said.
While skeptical about the impact of Sunday’s protest, Frank said the White House isn’t being “supportive the way they should be” in moving forward with repeal this year.
Still, Frank said the recent regulatory changes limiting third-party outings and raising the rank of officers conducting and initiating reviews “made a tremendous difference.”
“I give them a lot of credit for moving as they did, but I can’t give them full credit and I’m disappointed,” he said.
Bounville is also urging national LGBT organizations to take part in the Sunday protest and said a lack of participation would mean those groups aren’t serious about the urgency of repealing “Don’t Ask, Don’t Tell.”
“If these organizations really feel a sense of urgency of these issues, they will support rallies like this that the community is planning,” he said. “It’s a rally that has competent speakers eloquently speaking on this issue, and if they’re not going to support that, then they’re really not supporting the movement, period.”
Bounville said SLDN and the National Gay & Lesbian Task Force would be among the organizations “looking at what they can do right now to help promote this event,” but the situation with HRC is different.
“HRC has been to this point unresponsive, which is interesting because the other organizations have responded,” he said Monday. “Joe Solmonese and HRC have not responded, which is not surprising. He’s forcing HRC to become irrelevant very fast.”
Cole denied that HRC hadn’t responded to the organizers’ request to participate. He said HRC started talks Monday about getting Jarrod Chlapowksi, HRC’s military consultant, involved in the event.
“He is interested in doing so and HRC is interested in having him appear,” Cole said. “Right now, Jarrod is in direct communication with the event organizers to work out the details and find out more about the event, but we look forward to his participation.”
Sarvis said SLDN is supportive of the protest, but was waiting to hear more details. He said he had a meeting scheduled April 23 with Kip Williams, a co-chair of GetEqual, but the discussion didn’t take place because Williams left town before the scheduled time.
“We’re having conversations about what it’s going to look like and who’s participating and what’s the scope of the protest,” Sarvis said. “But, yes, it’s certainly something that we’re going to be supporting … and we’ll be helping to get out information on it and other means.”
Noting Obama called for “Don’t Ask, Don’t Tell” repeal as part of his State of the Union address, Sarvis said the challenge before repeal advocates is ensuring the president is following through and engaged with Congress to eliminate the statute this year.
“Clearly, if he gets on the phone and asks for votes in the two committees, that’s going to make a difference,” Sarvis said. “He’s working the phones on financial services reform. He did that on health care. We need that same kind of engagement in repealing that statute.”
Sarvis said protests such as the one occurring Sunday are effective in influencing President Obama to move forward with repeal this year, but noted that there are different approaches to petitioning the president.
“We have clients who are sending letters to the president this week individually; we’re up on Capitol Hill face-to-face with members and their staffs,” Sarvis said. “There’s a place for others to do their thing, whether it’s at the White House or Lafayette Park.”
Recalling a similar protest before the White House that SLDN organized in June to mark the then-265 service members who were discharged during Obama’s term, Sarvis said his organization has taken part in grassroots activism before.
“Petitioning the president at the White House is not a new thing for SLDN,” Sarvis said. “That’s something that SLDN organized almost 11 months ago, so obviously I think it’s helpful.”
In addition to the White House protest, Bounville noted that activists were planning actions targeting members of Congress regarding “Don’t Ask, Don’t Tell.” He said his organization sent fliers to senators with differing positions on the issue — Senate Armed Services Committee Chairman Carl Levin (D-Mich.), ranking Republican Sen. John McCain (R-Ariz.) and Sen. Jim Webb (D-Va.) — with the message, “You’re next!”
Accordingly, five activists held a sit-in protest Monday at McCain’s district office in Phoenix, Ariz., to protest the senator’s opposition to repealing “Don’t Ask, Don’t Tell.” The fallout of the protest wasn’t immediately clear and McCain’s office didn’t respond to a request for comment.
“From a non-violent direct action standpoint, yeah, we have reached out to those targets,” Bounville said.
Still, Bounville said the No. 1 focal point for the upcoming protest is Obama because he’s failed to follow through on his promise to be a “fierce advocate” for the LGBT community.
“I’m going to continue to pressure him,” Bounville said. “I’m going to continue to exhaust myself because I’m not exhausted on this. He will continue to lose political capital at an accelerated rate, probably faster than he would have if we weren’t engaged at this end of the movement.”
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.”
