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First trans witness ever to testify before Senate on ENDA

No Obama administration official scheduled to deliver testimony

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An openly transgender person for the first time is set to testify before the Senate on Tuesday about the lack of federal employment LGBT non-discrimination protections and the need to pass the Employment Non-Discrimination Act, according to a committee notice published Thursday.

Kylar Broadus, founder of the Columbia, Mo., based Trans People of Color Coalition, is scheduled be among five witnesses who’ll speak during the Senate Health, Education, Labor & Pensions Committee hearing titled, “Equality At Work: The Employment Non-Discrimination Act.” The hearing is set to begin at 10 am, Room 106 of the Dirksen Senate Office Building.

According to his bio of the TPOCC website, Broadus is an attorney who hails from Missouri and founded the organization in 2010. He’s written essays of transgender rights, won awards for LGBT advocacy, is a board member of the National Black Justice Coalition and was formerly on the board for the National Gay & Lesbian Task Force.

Broadus is the first transgender person to testify before the Senate. A previous Senate hearing in 2009 had no transgender witnesses. A House hearing at around the same time featured testimony from Vandy Beth Glenn, who was fired from her job at the Georgia General Assembly for being transgender.

Other witnesses that Chair Tom Harkin (D-Iowa) selected for the hearing are M. V. Lee Badgett, research director of the Williams Institute at the University of California, Los Angeles; Samuel Bagenstos, a law professor at University of Michigan; and Ken Charles, vice president of diversity and inclusion, General Mills, Inc.

The Republican witness is Craig Parshall, senior vice president and general counsel of the National Religious Broadcasters Association. Parshall had already testified in 2009 against ENDA.

Absent from the witness list is any Obama administration official. Members of the administration testified before the House and Senate in 2009: Stuart Ishimaru, then-acting chairman of the U.S. Equal Employment Opportunity Commission, testified before the House and Thomas Perez, assistant attorney general for the Justice Department’s Civil Rights Division, testified before the Senate.

A White House official, speaking on condition of anonymity, said the Obama administration wasn’t invited to testify.

“While the administration was not invited to testify, we welcome Chairman Harkin’s hearing to examine this important issue,” the official said. “The president has long supported an inclusive ENDA.”

Justine Sessions, a HELP committee spokesperson, said the committee has already heard from the Obama administration on ENDA.

“Assistant Attorney General Tom Perez testified at our last hearing on ENDA and fully endorsed the bill, as the White House did just recently,” Sessions said. “The focus of this hearing is putting a human face on the discrimination LGBT Americans face, which is why the Committee invited witnesses like Kylar Broadus, a transgender American who has experienced discrimination.”

Tico Almeida, president of Freedom to Work, praised Harkin for his selection of witnesses. Almeida said he worked with Senate staff to identify and vet witnesses for the hearing.

“Senator Tom Harkin and his staff have done an excellent job assembling an impressive and diverse panel of witnesses who will clearly outline the ongoing problem of workplace harassment and discrimination against LGBT Americans and explain how ENDA will give all Americans the freedom to work without fear of unfair treatment on the job,” Almeida said.

Almeida had harsh words for Parshall, who will likely reiterate his opposition to ENDA during the hearing, as has done in the past.

“The Republicans are phoning-in their opposition to ENDA by calling the exact same witness that already testified at the fall 2009 House and Senate hearings on ENDA,” Almeida said. “It shows that Republicans can’t find anyone willing to testify under oath in opposition to ENDA, which is supported by super-majorities of the American public. I predict Republican witness Craig Parshal is going to recycle his poorly written testimony for a third time, possibly only changing the date at the top of what he wrote three years ago.”

Almeida predicted that Parshall would criticize the religious exemption in ENDA, saying any  such criticism would “undercut the votes” of House Republican leaders like House Speaker John Boehner (R-Ohio), House Majority Leader Eric Cantor (R-Va.), and Budget Committee Chair Paul Ryan (R-Wis.), who while in minority in 2007 all voted for the religious exemption as an amendment on the floor.

While Almeida served as counsel in the House of Representatives, he and another House attorney drafted the current religious exemption, which was affirmed by a vote of 402-25 in a vote that occurred on the floor of the House in November 2007 in an amendment offered by then House Education & Labor Committee Chair George Miller (D-Calif.).

According to Almeida, Republicans had the opportunity to select two witnesses for the hearing, but only one was chosen because another person who would testify against ENDA couldn’t be found. The minority spokesperson for the Senate HELP Committee didn’t respond to a request to comment on the assertion.

In addition to the hearing, LGBT advocates have been calling on the committee to markup the legislation to send it to the Senate floor. All 12 Democrats on the panel — in addition to Sen. Mark Kirk (R-Ill.) — are co-sponors of the bill, so it should have no problem getting out of committee.

It’s possible the idea of an executive order requiring federal contractors to have non-discrimination policies for LGBT workers could come up at hearing. In April, the White House announced it wouldn’t issue such an executive order at this time, but LGBT advocates have been pressuring the administration to reconsider the decision.

Badgett, one of the scheduled witnesses, has written an op-ed piece for The New York Times calling on Obama to issue the executive order. The Williams Institute is among the organizations that have continued to consult with the administration after the decision was announced against issuing the executive order.

Commentary on the executive order could also come from Charles because of the company he represents. A federal contractor that won nearly $200 million in federal money in the last fiscal year, General Mills has non-discrimination policies based on sexual orientation.

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National

Advocacy groups issue US travel advisory ahead of World Cup

Renee Good’s death in Minneapolis among incidents cited

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(Photo by fifg/Bigstock)

More than 100 organizations have issued a travel advisory for the U.S. ahead of the 2026 World Cup.

The World Cup will take place in the U.S., Canada, and Mexico from June 11-July 19.

“In light of the deteriorating human rights situation in the United States and in the absence of meaningful action and concrete guarantees from FIFA, host cities, or the U.S. government, the undersigned organizations are issuing this travel advisory for fans, players, journalists, and other visitors traveling to and within the United States for the June 2026 FIFA Men’s World Cup. World Cup games will be played in 11 different cities across the United States, which, like many localities, have already been the target of the Trump administration’s violent and abusive immigration crackdown,” reads the advisory that the Council for Global Equality and other groups that include the American Civil Liberties Union issued on April 23.  “The impacts of these policies vary by locality.”

“While the Trump administration’s rising authoritarianism and increasing violence pose serious risks to all, those from immigrant communities, racial and ethnic minority groups, and LGBTQ+ individuals have been and continue to be disproportionately targeted and affected by the administration’s policies and, as such, are most vulnerable to serious harm when traveling to and/or within the United States,” it adds. “This travel advisory calls on fans, players, journalists, and other visitors to exercise caution.”

The advisory specifically mentions Renee Good.

A U.S. Immigration and Customs Enforcement agent on Jan. 7 shot and killed her in Minneapolis. Good, 37, left behind her wife and three children.

The full advisory can be read here.

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State Department

Democracy Forward files FOIA request for State Department bathroom policy records

April 20 memo outlined anti-transgender rule

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(Photo courtesy of the Library of Congress)

Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.

A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.

“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”

Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.

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Federal Government

House Republicans push nationwide ‘Don’t Say Gay’ bill

Measures would restrict federal funding for LGBTQ-affirming schools

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(Washington Blade photo by Michael Key)

Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.

Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.

The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.

The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.

It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”

LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.

A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.

Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.

David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.

“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”

This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.

The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.

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