National
First trans witness ever to testify before Senate on ENDA
No Obama administration official scheduled to deliver testimony
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.
The White House
Trump proclamation targets trans rights as State Dept. shifts visa policy
Recent policy actions from the White House limit transgender rights in sports, immigration visas, and overarching federal policy.
In a proclamation issued by the Trump White House Thursday night, the president said he would, among other things, “restore public safety” and continue “upholding the rule of law,” while promoting policies that restrict the rights of transgender people.
“We are keeping men out of women’s sports, enforcing Title IX as it was originally written, and ensuring colleges preserve — and, where possible, expand — scholarships and roster opportunities for female athletes,” the proclamation reads. “At the same time, we are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”
The statement comes amid a broader series of actions by the Trump administration targeting transgender people across multiple federal policy areas, including education, health care, and immigration. A nearly complete list of policies the current administration has put forward can be found on KFF.org.
One day before the proclamation was issued, the U.S. State Department announced changes to visa regulations that could impact transgender and gender-nonconforming people seeking entry into the United States.
The policy, published March 11 and scheduled to take effect April 10, introduces changes to the Diversity Immigrant Visa Program, commonly known as the “DV Program.” The rule is framed by the department as an effort to strengthen oversight and prevent fraud within the visa lottery system, which allocates a limited number of immigrant visas annually to applicants from countries with historically low rates of immigration to the United States.
However, the updated language also standardizes the use of the term “sex” in federal regulations in place of “gender,” a change that LGBTQ advocates say could create additional barriers for transgender and gender-diverse applicants.
The policy states: “The Department of State (‘Department’) is amending regulations governing the Diversity Immigrant Visa Program (‘DV Program’) to improve the integrity of, and combat fraud in, the program. These amendments require a petitioner to the DV Program to provide valid, unexpired passport information and to upload a scan of the biographic and signature page in the electronic entry form or otherwise indicate that he or she is exempt from this requirement. Additionally, the Department is standardizing and amending its regulations to add the word ‘shall’ to simplify guidance for consular officers; ensure the use of the term ‘sex’ in lieu of ‘gender’; and replace the term ‘age’ in the DV Program regulations with the phrase ‘date of birth’ to accurately reflect the information collected and maintained by the Department during the immigrant visa process.”
Advocates say the shift toward using “sex” rather than “gender” in federal immigration rules reflects a broader push by the administration to roll back recognition of transgender identities in federal policy.
According to the National Center for Transgender Equality, an estimated 15,000 to 50,000 undocumented transgender immigrants currently live in the United States, with many entering the country to seek refuge from persecution and hostile governments in their home countries.
Florida
Fla. House passes ‘Anti-Diversity’ bill
Measure could open door to overturning local LGBTQ rights protections
The Florida House of Representatives on March 10 voted 77-37 to approve an “Anti-Diversity in Local Government” bill that opponents have called an extreme and sweeping measure that, among other things, could overturn local LGBTQ rights protections.
The House vote came six days after the Florida Senate voted 25-11 to pass the same bill, opening the way to send it to Republican Gov. Ron DeSantis, who supports the bill and has said he would sign it into law.
Equality Florida, a statewide LGBTQ advocacy organization that opposed the legislation, issued a statement saying the bill “would ban, repeal, and defund any local government programming, policy, or activity that provides ‘preferential treatment or special benefits’ or is designed or implemented with respect to race, color, sex, ethnicity, sexual orientation, or gender identity.”
The statement added that the bill would also threaten city and county officials with removal from office “for activities vaguely labeled as DEI,” with only limited exceptions.
“Written in broad and ambiguous language, the bill is the most extreme of its kind in the country, creating confusion and fear for local governments that recognize LGBTQ residents and other communities that contribute to strength and vibrancy of Florida cities,” the group said in a separate statement released on March 10.
The Miami Herald reports that state Sen. Clay Yarborough (R-Jacksonville), the lead sponsor of the bill in the Senate, said he added language to the bill that would allow the city of Orlando to continue to support the Pulse nightclub memorial, a site honoring 49 mostly LGBTQ people killed in the 2016 mass shooting at the LGBTQ nightclub.
But the Equality Florida statement expresses concern that the bill can be used to target LGBTQ programs and protections.
“Debate over the bill made expressly clear that LGBTQ people were a central target of the legislation,” the group’s statement says. “The public record, the bill sponsors’ own statements, and hours of legislative debate revealed the animus driving the effort to pressure local governments into pulling back from recognizing or resourcing programs targeting LGBTQ residents and other historically marginalized communities,” the statement says.
But the statement also notes that following outspoken requests by local officials, sponsors of the bill agreed to several amendments “ensuring local governments can continue to permit Pride festivals, even while navigating new restrictions on supporting or promoting them.”
The statement adds, “Florida’s LGBTQ community knows all too well how to fight back against unjust laws. Just as we did, following the passage of Florida’s notorious ‘Don’t Say Gay or Trans’ law, we will fight every step of the way to limit the impact of this legislation, including in the courts.”
The White House
Trump will refuse to sign voting bill without anti-trans provisions
Measure described as ‘Jim Crow 2.0’
President Donald Trump said he will refuse to sign any legislation into law unless Congress passes the “SAVE Act,” pressuring lawmakers to move forward with the controversial voting bill.
In posts on Truth Social and other social media platforms, the 47th president emphasized the importance of Republican lawmakers pushing the legislation through while also using the opportunity to denounce gender-affirming care.
“I, as President, will not sign other Bills until this is passed, AND NOT THE WATERED DOWN VERSION — GO FOR THE GOLD,” Trump posted. “MUST SHOW VOTER I.D. & PROOF OF CITIZENSHIP: NO MAIL-IN BALLOTS EXCEPT FOR MILITARY — ILLNESS, DISABILITY, TRAVEL: NO MEN IN WOMEN’S SPORTS: NO TRANSGENDER MUTILIZATION FOR CHILDREN! DO NOT FAIL!!!”
The proposed Safeguard American Voter Eligibility (SAVE) Act would amend the National Voter Registration Act of 1993 to require in-person proof of citizenship for anyone seeking to vote in U.S. elections. Trump has also called for the legislation to include a ban on gender-affirming medical care for transgender minors, even with parental consent.
“This is a huge priority for the president. He added on some priorities to the SAVE America Act in recent days, namely, no transgender transition surgeries for minors. We are not gonna tolerate the mutilation of young children in this country. No men in women’s sports,” White House Press Secretary Karoline Leavitt said. “The president putting all of these priorities together speaks to how common sense they are.”
The comments mark the first time the White House has publicly confirmed that Trump is pushing to attach anti-trans policies to the SAVE Act.
The bill would also require the removal of undocumented immigrants from existing voter rolls and allow election officials who fail to enforce the proof-of-citizenship requirement to be sued.
It is already illegal for noncitizens to vote in federal elections. Current safeguards include requirements such as providing a Social Security number when registering to vote, cross-checking voter rolls with federal data and, in some states, requiring identification at the polls.
Trump began pushing for the legislation during his State of the Union address last month, where he singled out Senate Majority Leader John Thune (R-S.D.) by name while criticizing the lack of movement on the bill.
Senate Minority Leader Chuck Schumer (D-N.Y.) has denounced the legislation as “Jim Crow 2.0” and said it has little chance of advancing through the Senate, calling it “dead on arrival.”
In remarks on the Senate floor, Schumer said “the SAVE Act includes such extreme voter registration requirements that, if enacted, could disenfranchise 21 million American citizens.”
Trump has repeatedly used political messaging around trans youth and gender-affirming care as part of broader cultural and policy debates during his presidency — most recently during his State of the Union address, where he cited the case of Sage Blair, a Virginia teenager whose school allegedly encouraged her to transition without her parents’ consent.
LGBTQ advocates — including those familiar with Blair’s story — say the situation was far more complex than described and argue that using a single anecdote to justify sweeping federal restrictions could place trans people, particularly youth, at greater risk.
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