National
Hawaii governor vetoes civil unions bill
Activists denounce move as a ‘disgrace,’ plan lawsuit

Hawaii Gov. Linda Lingle on Tuesday vetoed a bill that would have enacted civil unions in the state. (Photo courtesy of Lingle’s office)
The governor of Hawaii on Tuesday vetoed a bill that would have instituted civil unions in the Aloha State as LGBT groups announced plans to continue the fight for relationship recognition.
At a press conference announcing her decision, Gov. Linda Lingle (R) equated civil unions to same-sex marriage and said the issue inspired such strong emotions that it should be left for the people to decide.
“It was the depth of emotion felt by those on both sides of the issue that revealed to me how fundamental the institution of marriage is [to] our community,” she said.
Lingle had until Tuesday to sign the civil unions bill, veto it or take no action to allow the bill to become law.
During the press conference, the governor said Hawaii’s residents should decide the issue of civil unions through the referendum process.
“This is a decision that should not be made by one person sitting in her office, or by members of the majority party behind closed doors in a legislative caucus, but by all the people of Hawaii behind the curtain of the voting booth,” she said.
In 1998, Hawaii voters approved an amendment to their state constitution allowing the legislature to prohibit same-sex marriage in Hawaii. The Hawaii Legislature subsequently passed a statute banning same-sex marriage, but left the door open for civil unions.
In a statement, Alan Spector, legislative affairs co-chair for Equality Hawaii, said Lingle’s veto marked a “sad day for the thousands of Hawaii families who remain second-class citizens.”
“We fail to see how the governor’s actions are in the best interest of Hawaii’s future and are nothing more than political maneuvering at the expense of people’s lives,” Spector said. “We’re disappointed and outraged that same-sex families will not be treated equally under Hawaii law, but vow to come back and fight this fight another day.”
Rea Carey, executive director of the National Gay & Lesbian Task Force, also expressed disappointment in a statement that followed Lingle’s decision to veto the civil unions bill.
“Gov. Lingle’s veto of legislation that would protect and strengthen Hawaii’s families is beyond a disappointment — it is a disgrace,” Carey said. “Hawaii’s lawmakers passed this bill because it was about fundamental fairness.”
Carey said the governor’s action “flies in the face of both common sense and common humanity” and urged the legislature to override her veto.
But House Speaker Calvin Say reportedly said last week the State House would not hold a special session to override Lingle’s vetoes.
R. Clarke Cooper, executive director for the Log Cabin Republicans, said his organization’s affiliates in Hawaii worked hard to influence the Republican governor to at least allow the bill to become law without her signature.
“Since this spring, Log Cabin Republicans on the Hawaiian Islands as well as the mainland United States have made it clear to Gov. Lingle and other Hawaiian lawmakers that we supported the civil union legislation,” he said.
Cooper said individual members of Log Cabin lobbied lawmakers and Lingle to support the civil unions legislation.
Activists in Hawaii are pursuing several options that could institute civil unions in Hawaii despite Lingle’s veto.
In a statement, Lambda Legal and the American Civil Liberties Union of Hawaii announced they were filing a lawsuit in state court to fight for civil unions in the state.
Laurie Temple, staff attorney for the ACLU, said she’s “disappointed” Lingle didn’t follow through with signing the civil unions bill or allowing the legislation to become law.
“Luckily for the people of Hawaii, however, our constitution prevents discrimination based on sexual orientation,” she said. “If the governor won’t honor her oath to uphold the constitution, the courts will.”
Jennifer Pizer, national marriage project director for Lambda Legal, told the Blade her organization had litigation prepared in the spring when the civil unions legislation appeared to have stalled in the Hawaii Legislature.
“We were hoping that it would not be necessary,” she said. “Now that it is, we will be switching into litigation mode.”
Pizer said Lambda would file the lawsuit, although she didn’t know the exact timing of the case. She noted that Lambda has plaintiff couples lined up for the lawsuit, but declined to offer more information about them.
“I can’t give you the details of who the clients are or exactly what the lawsuit looks like,” she said. “That will be public when we file it, but we have been working on it for quite some time.”
Pizer said that guessing how long the litigation process would take is “very difficult to say” and would depend on how the state decides to defend the case.
“We’re curious to know exactly what the path will be and how long it will take, but it’s impossible to tell until we see how the state decides to answer,” she said.
Other groups — including Equality Hawaii and the Human Rights Campaign — are making plans to elect new lawmakers and a governor who would support enacting civil unions in the state.
Don Bentz, treasurer for Equality Hawaii, said his group is awaiting the election in the fall to determine the best path for civil unions legislation.
“We have a gubernatorial race and a number of allies in the House and the Senate are both up for re-election,” Bentz said. “So depending upon who gets re-elected or does not get re-elected, that would kind of determine whether we want to reintroduce [the bill] or wait for a lawsuit to work its way through the courts.”
One candidate for governor is already capitalizing on Lingle’s veto in the race to succeed her as governor.
In a statement, Democratic candidate Neil Abercrombie said Lingle mistakenly characterized the civil unions legislation as a bill that would enact same-sex marriage.
“The state legislature has already defined marriage as between a man and a woman,” Abercrombie said. “Civil unions respect our diversity, protect people’s privacy and reinforce our core values of equality and aloha.”
Abercrombie said ensuring Hawaii residents receive equal treatment will be up to the next governor and legislature.
“Protecting people’s civil rights cannot be compromised,” Abercrombie said. “I am committed to that most essential of constitutional imperatives.”
Lingle predicted the issue of civil unions would come to the ballot soon.
“I would be surprised if this does not go on the next available ballot,” she said. “I would encourage lawmakers to do it — whether it’s those who are in office or those who are not.”
Bentz said the idea of bringing the issue of civil unions to the ballot has been under discussion for some time, but isn’t something LGBT rights advocates want to see happen.
“When you go to the ballot, the opposition throws out all these lies and misinformation that basically cause people to vote against it,” he said.
Bentz said a voter-initiated ballot initiative isn’t available in Hawaii and that the matter could only come to the ballot following a constitutional convention or direction from the legislature.
Federal Government
Treasury Department has a gay secretary but LGBTQ staff are under siege
Agency reverses course on LGBTQ inclusion under out Secretary Scott Bessent

A former Treasury Department employee who led the agency’s LGBTQ employee resource group says the removal of sexual orientation and gender identity (SOGI) from its discrimination complaint forms was merely a formalization of existing policy shifts that had already taken hold following the second inauguration of President Donald Trump and his appointment of Scott Bessent — who is gay — to lead the agency.
Christen Boas Hayes, who served on the policy team at Treasury’s Financial Crimes Enforcement Network (FinCEN) from 2020 until March of this year, told the Washington Blade during a phone interview last week that the agency had already stopped processing internal Equal Employment Opportunity (EEO) complaints on the basis of anti-LGBTQ discrimination.
“So the way that the forms are changing is a procedural recognition of something that’s already happening,” said Hayes. “Internally, from speaking to two EEO staff members, the changes are already taking place from an EEO perspective on what kind of cases will be found to have the basis for a complaint.”
The move, they said, comes amid the deterioration of support structures for LGBTQ workers at the agency since the administration’s early rollout of anti-LGBTQ executive orders, which led to “a trickle down effect of how each agency implements those and on what timeline,” decisions “typically made by the assistant secretary of management’s office and then implemented by the appropriate offices.”
At the end of June, a group of U.S. House Democrats including several out LGBTQ members raised alarms after a Federal Register notice disclosed Treasury’s plans to revise its complaint procedures. Through the agency’s Office of Civil Rights and EEO, the agency would eliminate SOGI as protected categories on the forms used by employees to initiate claims of workplace discrimination.
But Hayes’s account reveals that the paperwork change followed months of internal practice, pursuant to a wave of layoffs targeting DEI personnel and a chilling effect on LGBTQ organizing, including through ERGs.
Hayes joined Treasury’s FinCEN in 2020 as the agency transitioned into the Biden-Harris administration, working primarily on cryptocurrency regulation and emerging technologies until they accepted a “deferred resignation” offer, which was extended to civil servants this year amid drastic staffing cuts.
“It was two things,” Hayes said. “One was the fact that the policy work that I was very excited about doing was going to change in nature significantly. The second part was that the environment for LGBTQ staff members was increasingly negative after the release of the executive orders,” especially for trans and nonbinary or gender diverse employees.
“At the same time,” Hayes added, “having been on the job for four years, I also knew this year was the year that I would leave Treasury. I was a good candidate for [deferred resignation], because I was already planning on leaving, but the pressures that emerged following the change in administration really pushed me to accelerate that timeline.”
Some ERGs die by formal edict, others by a thousand cuts
Hayes became involved with the Treasury LGBTQ ERG shortly after joining the agency in 2020, when they reached out to the group’s then-president — “who also recently took the deferred resignation.”
“She said that because of the pressure that ERGs had faced under the first Trump administration, the group was rebuilding, and I became the president of the group pretty quickly,” Hayes said. “Those pressures have increased in the second Trump administration.”
One of the previous ERG board members had left the agency after encountering what Hayes described as “explicitly transphobic” treatment from supervisors during his gender transition. “His supervisors denied him a promotion,” and, “importantly, he did not have faith in the EEO complaint process” to see the issues with discrimination resolved, Hayes said. “And so he decided to just leave, which was, of course, such a loss for Treasury and our Employee Resource Group and all of our employees at Treasury.”
The umbrella LGBTQ ERG that Hayes led included hundreds of members across the agency, they said, and was complemented by smaller ERGs at sub-agencies like the IRS and FinCEN — several of which, Hayes said, were explicitly told to cease operations under the new administration.
Hayes did not receive any formal directive to shutter Treasury’s ERG, but described an “implicit” messaging campaign meant to shut down the group’s activities without issuing anything in writing.
“The suggestion was to stop emailing about anything related to the employee resource group, to have meetings outside of work hours, to meet off of Treasury’s campus, and things like that,” they said. “So obviously that contributes to essentially not existing functionally. Because whereas we could have previously emailed our members comfortably to announce a happy hour or a training or something like that, now they have to text each other personally to gather, which essentially makes it a defunct group.”
Internal directories scrubbed, gender-neutral restrooms removed
Hayes said the dismantling of DEI staff began almost immediately after the executive orders. Employees whose position descriptions included the terms “diversity, equity, and inclusion” were “on the chopping block,” they said. “That may differ from more statutorily mandated positions in the OMWI office or the EEO office.”
With those staff gone, so went the infrastructure that enabled ERG programming and community-building. “The people that made our employee resource group events possible were DEI staff that were fired. And so, it created an immediate chilling effect on our employee resource group, and it also, of course, put fear into a lot of our members’ hearts over whether or not we would be able to continue gathering as a community or supporting employees in a more practical way going forward. And it was just, really — it was really sad.”
Hayes described efforts to erase the ERGs from internal communication channels and databases. “They also took our information off internal websites so nobody could find us as lawyers went through the agency’s internal systems to scrub DEI language and programs,” they said.
Within a week, Hayes said, the administration had removed gender-neutral restrooms from Main Treasury, removed third-gender markers from internal databases and forms, and made it more difficult for employees with nonbinary IDs to access government buildings.
“[They] made it challenging for people with X gender markers on identification documents to access Treasury or the White House by not recognizing their gender marker on the TWAVES and WAVES forms.”
LGBTQ staff lack support and work amid a climate of isolation
The changes have left many LGBTQ staff feeling vulnerable — not only because of diminished workplace inclusion, but due to concerns about job security amid the administration’s reductions in force (RIFs).
“Plenty of people are feeling very stressed, not only about retaining their jobs because of the layoffs and pending questions around RIFs, but then also wondering if they will be included in RIF lists because they’re being penalized somehow for being out at work,” Hayes said. “People wonder if their name will be given, not because they’re in a tranche of billets being laid off, but because of their gender identity or sexual orientation.”
In the absence of functional ERGs, Hayes said, LGBTQ employees have been cut off from even informal networks of support.
“Employees [are] feeling like it’s harder to find members of their own community because there’s no email anymore to ask when the next event is or to ask about navigating healthcare or other questions,” they said. “If there is no ERG to go to to ask for support for their specific issue, that contributes to isolation, which contributes to a worse work environment.”
Hayes said they had not interacted directly with Secretary Bessent, but they and others observed a shift from the previous administration. “It is stark to see that our first ‘out’ secretary did not host a Pride event this year,” they said. “For the last three years we’ve flown the rainbow Pride flag above Treasury during Pride. And it was such a celebration among staff and Secretary Yellen and the executive secretary’s office were super supportive.”
“Employees notice changes like that,” they added. “Things like the fact that the Secretary’s official bio says ‘spouse’ instead of ‘husband.’ It makes employees wonder if they too should be fearful of being their full selves at work.”
The Blade contacted the Treasury Department with a request for comment outlining Hayes’s allegations, including the removal of inclusive infrastructure, the discouragement of ERG activity, the pre-formalization of EEO policy changes, and the targeting of DEI personnel. As of publication, the agency has not responded.
U.S. Supreme Court
Supreme Court to consider bans on trans athletes in school sports
27 states have passed laws limiting participation in athletics programs

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.
In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.
The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”
In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.
The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.
“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.
He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”
“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”
Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”
Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.
Federal Government
UPenn erases Lia Thomas’s records as part of settlement with White House
University agreed to ban trans women from women’s sports teams

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.
The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”
The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.
“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”
Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”
Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”
“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”
Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.
Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.
The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.
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