National
HISTORIC: Senate approves ‘Don’t Ask’ repeal
Congress wraps up legislative action on ending gay ban

Sen. Harry Reid, along with other Democrats, voted for cloture on “Don’t Ask, Don’t Tell” legislation (Blade photo by Michael Key).
In a historic action, the U.S. Senate on Saturday passed legislation that would end the 17-year-old law prohibiting open gays from serving in the U.S. military.
Early in the day, the Senate voted 63-33 to invoke cloture on the legislation that would end “Don’t Ask, Don’t Tell” to move it to the floor. Later in the afternoon, the chamer approved the legislation by a vote of 65-31, effectively sending the measure to President Obama’s desk.
Clearing the 60-vote threshold needed to invoke cloture was the last significant hurdle for the bill on its path to passage and enactment into law.
For the cloture vote, six Republicans voted in the affirmative. They include Sen. Susan Collins (R-Maine), an original co-sponsor of the bill, as well as Sens. Olympia Snowe (R-Maine), Scott Brown (R-Mass) and Lisa Murkowski (R-Alaska). Each had indicated prior to the vote that they support the bill when it came to the floor.
Additional GOP support for the legislation came from Sens. Mark Kirk (R-Ill.) and George Voinovich (R-Ohio). Three Republicans didn’t vote: Sens. Jim Bunning (R-Ky.), Judd Gregg (R-N.H.) and Orrin Hatch (R-Utah).
Following the cloture vote, Voinovich told reporters he voted in the affirmative because he believes the U.S. military should accept Americans who are qualified to serve.
“If people are not qualified to be in service because of their sexual orientation, then we ought to say, ‘You can’t get in,'” he said. “But if we know that they are qualified, then we ought not to have them lying [about] who they are [under] ‘Don’t Ask, Don’t Tell.’ It just is inconsistent with common sense.”
Sen. Joseph Lieberman (I-Conn.), the sponsor of the repeal legislation, told the Washington Blade following the vote that he wasn’t suprised by Kirk or Voinovich’s votes because they privately assured him they would vote in the affirmative earlier in the week.
“For their own reasons, they didn’t want to announce it, but they were true to their word — God bless them,” Lieberman said. “So, six Republicans was great.”
Lieberman praised the bipartisan nature with which the Senate passed “Don’t Ask, Don’t Tell” in a conversation with reporters following the vote.
“There’s been a lot of difficult times in the last couple years because it’s so partisan to get anything done.,” Lieberman said. “Here we are coming together — and it was bipartisan. We wouldn’t have done it without the Republicans and we got something really good passed, so I feel good about it.”
For the vote for final passage, two Republicans switched their “no” votes on cloture to “yes”: Sens. Richard Burr (R-N.C.) and John Ensign (R-Nev.).
On the Democratic side, all members who were present voted in favor of cloture and final passage, but Sen. Joe Manchin (D-W.Va.) didn’t vote at either time.
Earlier this month, Manchin voted against the motion to proceed on major defense legislation containing “Don’t Ask, Don’t Tell” repeal language. His office didn’t immediately respond to Blade’s request to comment on why he was absent.
Gay rights supporters were concerned that Sen. Kent Conrad (D-N.D.) would vote “no,” but he voted in the affirmative both for cloture and final passage along with nearly all of his Democratic colleagues.
The Senate invoked cloture to proceed with the “Don’t Ask, Don’t Tell” legislation after a vote failed on moving forward with the DREAM Act, an immigration-related bill, 55-41.
Joe Solmonese, president of the Human Rights Campaign, said the cloture vote shows that Congress has “recognized that all men and women have the right to openly serve their country.”
Solmonese also noted that the Senate was able to move “Don’t Ask, Don’t Tell” legislation past its most significant hurdle after many observers believed efforts to pass repeal this year were dead.
“Plenty of people had already planned the funeral for this legislation,” Solmonese said. “Today, we pulled out a victory from what was almost certain defeat just a few days ago.”
Alex Nicholson, executive director of Servicemembers United, called the vote a “historic step forward for this country” and said it “will very likely be a life-changing moment for gay and lesbian troops.”
“While we still have a long road ahead, including a final passage vote, the certification process, and a yet-to-be-determined implementation period, those who defend our freedom while living in fear for their careers will finally breathe a sigh of relief tonight, and those who have fallen victim to this policy in years past will finally begin to see true closure and redemption on the horizon,” Nicholson said.
The U.S. House earlier this week approved identical legislation, so when the Senate votes to approve final passage of the bill, the bill will head to President Obama’s desk.
Following the cloture vote, Lt. Col Victor Fehrenbach, an Air Force pilot who’s facing discharge under “Don’t Ask, Don’t Tell,” told the Washington Blade he was “overwhelmed” that the Senate finally took action to end the military’s gay ban.
“I didn’t think it was going to happen to be honest with you — at least not for a few years,” Fehrenbach said. “As soon as I heard my senator vote — Sen. Voinovich — I knew that we were over the 61 mark and I was pretty emotional over a while there.”
Fehrenbach said he felt “overwhelming happiness” not just for himself but for the estimated 66,000 other gay people serving in the armed forces.
“I’ll still be in limbo, but I know now that I’ll be able to retire in October, so it’s a great feeling to know that this is coming to end — that there is a light at the end of the tunnel,” he said.
In a statement White House Press Secretary Robert Gates confirmed Obama intends to sign the legislation passed by the Senate into law.
“As the president has long said, ending ‘Don’t Ask, Don’t Tell,’ and allowing gay men and women to serve openly in the military, will strengthen our national security while upholding the basic equality on which this nation was founded,” Gibbs said. “The president looks forward to signing the bill into law.”
Gates called on to stop discharges
Now that legislative action on “Don’t Ask, Don’t Tell” is complete, increased attention is being placed on the Obama administration to issue an executive order barring further discharges until repeal is implemented.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, renewed his call for such an order during a news conference after the Senate invoked cloture on the legislation.
“During this limbo interim period, I respectfully call upon the secretary of defense — Secretary Gates — to use his existing authority to suspend all investigations and all discharges until the law is finally repealed,” Sarvis said.
The SLDN head said such a move is necessary from the Obama administration because the legislation still has to make its way to the Obama desk, the president and Pentagon leaders have to certify that repeal can happen and a 60-day waiting process has to take place.
Gay advocates — including Human Rights Campaign President Joe Solmonese — have been calling on President Obama to issue an order stopping discharges since the start of his administration.
At the news conference, Senate Majority Leader Harry Reid (D-Nev.) said he supports the idea of Gates issues an order to suspend discharges as the repeal legislation heads to the president’s desk.
Senate Armed Services Committtee Chair Carl Levin (D-Mich.) also told reporters following the conference he favors such a move from Gates.
In a statement, Defense Secretary Robert Gates said he wouldn’t issue such an order until he can certify that the U.S. military is ready for repeal.
“It is therefore important that our men and women in uniform understand that while today’s historic vote means that this policy will change, the implementation and certification process will take an additional period of time,” Gates said. “In the meantime, the current law and policy will remain in effect.”
A White House spokesperson didn’t respond on short notice to comment on the matter.
In October, Gates issued new guidance limiting the discharge authority for “Don’t Ask, Don’t Tell” to the militaries service secretaries in cooperation with the Pentagon’s general counsel and the under secretary of defense for personnel and readiness. According to the Associated Press, since that time, no discharges have taken place under the law.
Senators debate gay ban
Prior to the votes, senators on the floor spoke out passionately both in favor and against repeal of “Don’t Ask, Don’t Tell.”
Opponents of repeal said the timing wasn’t right for Congress to act on ending the law as the U.S. military engaged in operations overseas, while those advocating for an end to “Don’t Ask, Don’t Tell” said all able bodies — including gay service members — were needed to confront these threats.
Levin disputed the assertions of those who would call supporting “Don’t Ask, Don’t Tell” repeal a partisan vote and noted polls showing an “overwhelming majority” supports ending the law.
“I’m not here for partisan reasons,” Levin said. “I’m here because men and women wearing the uniform of the United States who are gay and lesbian have died for this country, because gay and lesbian men and women wearing the uniform of this country have their lives on the line right now in Afghanistan and Iraq and other places for this country.”
Levin also noted that a provision in the legislation mandates that repeal won’t take effect until the president, defense secretary and the chair of the Joint Chiefs of Staff certify the U.S. military is ready for repeal.
“Secretary Gates has assured everybody that he is not going to certify that the military is ready for repeal until he is satisfied with the advice of the service chiefs that we had, in fact, mitigated, if not eliminated to the extent possible, risks to combat readiness to unit cohesion and effectiveness,” Levin said.
But Sen. John McCain (R-Ariz.) said while repeal of “Don’t Ask, Don’t Tell” may lead to “high-fives all over the liberal bastions of America,” an end of the statute would threaten military recruitment and battle effectiveness.
“We are doing great damage, and could possibly, and probably — as the commandant of the Marine Corps said, and I’ve been told literally thousands of members of the military — harm the battle effectiveness, which is so vital to the support, to the survival of our young men and women in the military,” McCain said.
Sen. Lindsey Graham (R-S.C.), an opponent of repeal, invoked Marine Corps Commandant Gen. James Amos suggestion earlier this week that “Don’t Ask, Don’t Tell” repeal could be a “distraction” that would lead to the loss of Marines’ lives on the battlefield.
“Some will say this is a civil rights issue of time,” Graham said. “The day has come. We need to move forward as a nation. The Marine Corps does not have that view.”
Graham railed against the decision of Senate leadership to prohibit senators from offering any amendments to the legislation.
“To those senators who will take the floor today and announce this as a major advancement of civil rights in America, please let it be said that you’re doing it in a fashion that those who have a different view cannot offer one amendment,” Graham said. “Does that matter? Apparently not.”
Reid had “filled the tree” prior to the vote to prohibit any senators from offering amendments to the legislation. Amending the bill would have sent the bill back to the House and could have killed the measure.
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.”
