National
Trans advocate testifies before Senate on ENDA
‘I still sit here today with almost tears in my eyes’

The Senate heard for the first time ever testimony from a transgender witness in a hearing dedicated to highlighting workplace discrimination experienced by LGBT people.
Kylar Broadus, founder of the Columbia, Mo.-based Trans People of Color Coalition, discussed job discrimination he faced as a transgender man before the Senate Health, Education, Labor & Pensions Committee on Tuesday as he called for passage of the Employment Non-Discrimination Act.
In the early 1990s, Broadus worked for a major financial institution, although he didn’t disclose its name during the hearing. After announcing in 1995 he would undergo gender transitioning, Broadus said he was forced out of his role.
“At work, when I decided to actually transition, I had been there for a number of years, and I’m a workaholic, and it was disheartening to me that all this could be pulled out from under me because people weren’t comfortable with the person that I am,” Broadus said.
His written testimony details receiving harassing phone calls, receiving assignments after hours that were due early the next morning and being forbidden from talking to certain people.
“I still sit here today with almost tears in my eyes,” Broadus said. “It’s devastating, it’s demoralizing and dehumanizing to be put in that position.”
Broadus said his treatment at work and being forced out impacted him emotionally, causing him post-traumatic stress disorder, and led to a period of unemployment for about a year from which he still hasn’t financially recovered.
Noting other transgender workers who face discrimination and lose their jobs are unable to regain employment, Broadus called on Congress to pass ENDA to put into place workplace non-discrimination protections.
“I think it’s extremely important that this bill be passed to protect workers like me,” Broadus said. “There are many cases that I hear everyday, and people call me everyday with these cases around the country because I’m also an attorney that practices and deals with people that suffer employment discrimination.”
Chairman Tom Harkin (D-Iowa) confirmed during the hearing that Broadus was the first openly transgender person to testify before the Senate and commended him for his courage in speaking before the committee, saying he’s going to “give courage to a lot of other people.”
ENDA, sponsored by Rep. Barney Frank (D-Mass.) in the House and Jeff Merkley in the Senate (D-Ore.), would bar job bias against LGBT people in most situations in the public and private workforce. Firing someone for being gay is legal is 29 states; firing someone for being transgender is legal in 34 states.
Others who testified in favor of ENDA were M.V. Lee Badgett, research director of the Williams Institute at the University of California, Los Angeles; Samuel Bagenstos, a law professor at the University of Michigan; and Ken Charles, vice president of diversity and inclusion at the breakfast foods company General Mills.
The Republican witness who testified against ENDA was Craig Parshall, senior vice president and general counsel for the Manassas, Va.-based National Religious Broadcasters Association. Parshall previously testified against ENDA before the Senate in 2009.
Harkin called ENDA “important civil rights legislation” that would build off strides already made against workplace discrimination in the past 45 years.
“Many states and businesses are already leading the way toward ensuring full equality for all our fellow citizens,” Harkin said. “However, the harsh reality is that employers in most states can still fire, refuse to hire, or otherwise discriminate against individuals because of their sexual orientation or gender identity — and, shockingly, they can do so within the law.”
Merkley expressed the need for passing ENDA, saying without it on the books, LGBT workers would continue to face workplace discrimination.
“Let us not lose sight that each and every day, American citizens are discriminated against in their employment or their potential employment in ways that have a profound impact on their opportunity fully live their lives, to fully contribute, to fully pursue happiness, to be all that they can be, all that they are — which is a benefit to them and a benefit to our nation,” Merkley said. “This discrimination is absolutely wrong. It is morally wrong and we must end it.”
The hearing takes places after the White House announced in April it won’t issue at this time an executive order requiring federal contractors to have their own non-discrimination policies based on sexual orientation and gender identity. The directive didn’t come up during the hearing.
No Republican committee members attended the hearing. The only GOP co-sponsor who serves on the committee is Sen. Mark Kirk (R-Ill.). He’s been recovering from a stroke he suffered in late January. A minority committee spokesperson didn’t immediate respond to a request to comment on why all Republican committee members were absent.
Democrats who attended the hearing in addition to Harkin and Merkley were Sens. Patty Murray (D-Wash.), Al Franken (D-Minn.) and, briefly, Michael Bennet (D-Colo.).
LGBT advocates commended Harkin for bringing more attention to the lack of federal non-discrimination protections for LGBT people by holding an ENDA hearing.
Rea Carey, executive director of the National Gay & Lesbian Task Force, said ENDA reflects core American values of “giving everyone a fair shake and allowing them to fully and freely contribute their skills and talents” in the workforce.
“Many people think these protections already exist, but that’s not the case,” Carey said. “There is no clear federal law, and there are no such laws in over half the states. This jeopardizes our ability to have or keep employment, housing and feed our families. ENDA will level the playing field once and for all.”
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-sponsors of the bill, so it should have no problem getting out of committee.
Murray was explicit in calling for a markup of the bill during her committee remarks, saying she wants to see ENDA pass out of committee “expeditiously.” In response, Harkin said, “I hope so.”
But speaking with the Washington Blade after the hearing, Harkin was more hesitant about the idea of holding a markup, saying, “I’m going to poll my committee and see. Right now, I’m kind of up to here in getting [Food & Drug Administration] bill through, as you know. We got it through the Senate; we’ve got to work with the House on that trying to get that put to bed, and then I’m going to poll the committee and see what we want to do.”
Another organization is taking the call to advance ENDA a step further. On the same day of the hearing, Tico Almeida, president of Freedom to Work, sent a letter to Senate Majority Leader Harry Reid (D-Nev.), calling on him to schedule a floor vote on the legislation.
“[W]e respectfully urge you to bring ENDA to a vote on the floor of the U.S. Senate this summer so that LGBT Americans do not have to wait any longer to know which of their Senators support their freedom to work without harassment or discrimination on the job, and which Senators still find it acceptable for Americans to be unjustly fired simply because of whom they love or their gender identity,” Almeida writes.
Reid’s office didn’t respond to a request to comment on the letter. The writing cites the Washington Blade’s questioning of White House Press Secretary Robert Gibbs in January 2011 in which the spokesperson acknowledged that “there’s no doubt that whenever you get something done in one [chamber], you’re closer to certainly seeing it come to fruition.”
Harkin told the Blade he’d like to see a floor vote on ENDA, although he acknowledged he doesn’t control the schedule for the Senate.
“I wish we could have a floor vote, yes,” Harkin said. “I would like to see a floor vote on this because I think it’s something the American people ought to where we stand on this issue. This is not an issue that bothers me. As I said, it’s not difficult for me. It might be difficult for some people; it’s not difficult for me.”
The most significant point of contention during the hearing between supporters of ENDA and Parshall, who alone expressed opposition to the legislation. Section 6 of ENDA, titled “Exemption for religious organizations,” says the bill won’t apply to institutions that are exempt from the religious discrimination provisions of Title VII of Civil Rights Act of 1964.
Parshall targeted the religious exemption as his reasons for his opposition to the legislation, saying ENDA “would impose a substantial unconstitutional burden on religious organizations” and “interfere with their ability to effectively pursue their missions.”
“It creates huge problems for future courts to iron out which organizations and under what conditions would be exempted, and which ones would not. I think that kind of uncertainty, obviously, raises constitutional problems,” Parshall said.
Bagenstos took Parshall’s objections to ENDA head on during the later question-and-answer portion of the hearing, saying Parshall’s assertions are without merit because the legislation clearly states which religious organizations are exempt from ENDA.
“Like any legal tests, there are sometimes cases at the edges, but employers have over 40 years of case law to enable them to understand what is covered and what is not covered here,” Bagenstos said. “There is no particular reason to believe that under ENDA, there would be any difficulty in understanding what the scope of the application of that exemption would be.”
But social conservatives aren’t the only ones unhappy with ENDA’s religious exemption. The American Civil Liberties Union says the exemption is too broad and should be narrowed to be more similar to Title VII of the Civil Rights Act of 1964.
Ian Thompson, the ACLU’s legislative representative, said the current exemption “would provide a license for a religious organization to discriminate” against LGBT people for any reason and not just based on the organization’s religious teachings.
“We believe that the existing Title VII exemption — which allows religious organizations the ability to restrict their hiring based on religion, but not to engage in race, sex, or national origin discrimination, for example, offers sufficient protection to religious organizations,” Thompson said. “As we argue, there is no reason to adopt a different exemption for LGBT discrimination by those organizations.”
Thompson also called for the elimination of Section 8(c) of ENDA, which he said would allow employers in states where same-sex couples can legally marry to treat married gay and lesbian employees as unmarried for purposes of employee benefits.
“As more states continue to move in the direction of extending the freedom to marry to gay and lesbian couples and the ongoing legal challenges to DOMA work their way through the judicial process, Congress should not, in our view, pass legislation that expands the reach of a discriminatory and unconstitutional law,” Thompson said.
The committee didn’t immediately respond to a request to comment on the proposed changes, but Merkley expressed awareness of the proposed change during the hearing.
No Obama administration official testified at the hearing. A White House official had earlier said the administration wasn’t invited to testify, and committee spokesperson Justine Sessions said the panel had already heard from the administration in testimony from earlier hearings.
U.S. Supreme Court
Supreme Court upholds ACA rule that makes PrEP, other preventative care free
Liberal justices joined three conservatives in majority opinion

The U.S. Supreme Court on Friday upheld a portion of the Affordable Care Act requiring private health insurers to cover the cost of preventative care including PrEP, which significantly reduces the risk of transmitting HIV.
Conservative Justice Brett Kavanaugh authored the majority opinion in the case, Kennedy v. Braidwood Management. He was joined by two conservatives, Chief Justice John Roberts and Justice Amy Coney Barrett, along with the three liberal justices, Sonia Sotomayor, Elena Kagan, and Ketanji Brown-Jackson.
The court’s decision rejected the plaintiffs’ challenge to the Affordable Care Act’s reliance on the U.S. Preventative Services Task Force to “unilaterally” determine which types of care and services must be covered by payors without cost-sharing.
An independent all-volunteer panel of nationally recognized experts in prevention and primary care, the 16 task force members are selected by the secretary of the U.S. Department of Health and Human Services to serve four-year terms.
They are responsible for evaluating the efficacy of counseling, screenings for diseases like cancer and diabetes, and preventative medicines — like Truvada for PrEP, drugs to reduce heart disease and strokes, and eye ointment for newborns to prevent infections.
Parties bringing the challenge objected especially to the mandatory coverage of PrEP, with some arguing the drugs would “encourage and facilitate homosexual behavior” against their religious beliefs.
U.S. Supreme Court
Supreme Court rules parents must have option to opt children out of LGBTQ-specific lessons
Mahmoud v. Taylor case comes from Montgomery County, Md.

The U.S. Supreme Court on Friday ruled that public schools must give advance notice to parents and allow them the opportunity to opt their children out of lessons or classroom instruction on matters of gender and sexuality that conflict with their religious beliefs.
Mahmoud v. Taylor was decided 6-3 along party lines, with conservative Justice Samuel Alito authoring the majority opinion and liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown-Jackson in dissent.
Parents from diverse religious backgrounds sued to challenge the policy in Maryland’s Montgomery County Public Schools when storybooks featuring LGBTQ characters were added to the elementary school English curriculum in 2022.
The school board argued in the brief submitted to the Supreme Court that “the storybooks themselves do not instruct about gender or sexuality. They are not textbooks. They merely introduce students to characters who are LGBTQ or have LGBTQfamily members, and those characters’ experiences and points of view.”
Advocacy groups dedicated to advancing free speech and expression filed amicus briefs in support of the district.
PEN America argued the case should be viewed in the context of broader efforts to censor and restrict what is available and allowable in public schools, for instance by passing book bans and “Don’t Say Gay” laws.
The ACLU said the policy of not allowing opt-outs is religion-neutral, writing that the Supreme Court should apply rational basis review, which requires only that the school district show that its conduct was “rationally related” to a “legitimate” government interest.
LGBTQ groups also objected to the challenge against the district’s policy, with many submitting amici briefs including: the National Center for Lesbian Rights, GLAD Law, Family Equality, COLAGE, Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG., and the National Women’s Law Center.
The Human Rights Campaign did not submit a brief but did issue a statement by the group’s President Kelley Robinson: “LGBTQ+ stories matter. They matter so students can see themselves and their families in the books they read–so they can know they’re not alone.”
“And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved,” she said. “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.”
Federal Government
White House finds Calif. violated Title IX by allowing trans athletes in school sports
Education Department threatens ‘imminent enforcement action’

The Trump-Vance administration announced on Wednesday that California’s Interscholastic Federation and Department of Education violated federal Title IX rules for allowing transgender girls to compete in school sports.
In a press release, the U.S. Department of Education’s Office of Civil Rights threatened “imminent enforcement action” including “referral to the U.S. Department of Justice” and the withholding of federal education funding for the state if the parties do not “agree to change these unlawful practices within 10 days.”
The agency specified that to come into compliance; California must enforce a ban excluding transgender student athletes and reclaim any titles, records, and awards they had won.
Federal investigations of the California Interscholastic Federation and the state’s Department of Education were begun in February and April, respectively. The Justice Department sued Maine in April for allowing trans athletes to compete and refusing a similar proposal to certify compliance within 10 days.
Broadly, the Trump-Vance administration’s position is that girls who are made to compete against trans opponents or alongside trans teammates are unfairly disadvantaged, robbed of opportunities like athletics scholarships, and faced with increased risk of injury — constituting actionable claims of unlawful sex discrimination under Title IX.
This marks a major departure from how the previous administration enforced the law. For example, the Department of Education issued new Title IX guidelines in April 2024 that instructed schools and educational institutions covered by the statute to not enforce categorical bans against trans athletes, instead allowing for limited restrictions on eligibility if necessary to ensure fairness or safety at the high school or college level.
Sports aside, 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.
A number of high profile Democrats, including California Gov. Gavin Newsom, have recently questioned or challenged the party’s position on transgender athletes, as noted in a statement by Education Secretary Linda McMahon included in Wednesday’s announcement.
“Although Gov. Gavin Newsom admitted months ago it was ‘deeply unfair’ to allow men to compete in women’s sports, both the California Department of Education and the California Interscholastic Federation continued as recently as a few weeks ago to allow men to steal female athletes’ well-deserved accolades and to subject them to the indignity of unfair and unsafe competitions.”
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