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GOP at a crossroads as conservatives meet

Some optimistic party will evolve, embrace marriage equality

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Jimmy LaSalvia, Ileana Ros-Lehtinen, GOProud, Florida, United States House of Representatives, Republican Party, GOP, gay news, Washington Blade
Jimmy LaSalvia, Ileana Ros-Lehtinen, GOProud, Florida, United States House of Representatives, Republican Party, GOP, gay news, Washington Blade

Jimmy LaSalvia and Rep. Ileana Ros-Lehtinen (R-Fla.) are urging the GOP to undertake greater outreach to the LGBT community. (Washington Blade photos by Michael Key)

As conservatives from across the country prepare to descend on D.C. for the annual Conservative Political Action Conference, some Republicans are urging the party to reach out and welcome the LGBT community.

Rep. Ileana Ros-Lehtinen (R-Fla.) — perhaps the most pro-LGBT Republican U.S. House member and co-sponsor of legislation to repeal the Defense of Marriage Act — said in a statement to the Washington Blade that she hopes the Republican Party will reach out to the LGBT community.

“I am optimistic that the GOP will see the value of being more inclusive,” Ros-Lehtinen said. “More of my House colleagues need to come to the realization that establishing positive working relationships with the LGBT community in their districts is the right thing to do.”

It would be quite a turnaround for the Republican Party. The party lost the presidential election and seats in both chambers of Congress in 2012 after the standard-bearer in the election, Mitt Romney, campaigned on a federal constitutional amendment banning same-sex marriage and said he opposed not only marriage equality, but civil unions.

Gay GOP groups have worked to spread the message that victory for the Republican Party means taking a more inclusive, “big-tent” approach.

Gregory Angelo, executive director of the Log Cabin Republicans, said if the GOP doesn’t evolve to engage more with the LGBT community, the party will “hit a wall” and be unable to secure the support of not only gay conservatives, but young voters.

“What we’re looking at is a matter of addition-multiplication that can benefit the movement as opposed to subtraction-division, which will harm it, and ensure that we continue to lose elections,” Angelo said.

Jimmy LaSalvia, executive director of GOProud, said the Republican Party needs to address gay issues because so many Americans know gay people and don’t want to cast votes for a party that opposes their interests.

“The gay issue is something that cuts across all demographic groups because politics is personal and everybody has a gay person in their lives, and so they think about how issues affect gay people,” LaSalvia said.

In last 13 years, LaSalvia counted two instances in which the leader of the Republican Party sought input from LGBT people: then-Republican presidential nominee George W. Bush’s meeting with the “Austin 12” in 2000 and then-GOP nominee John McCain’s interview with the Washington Blade in 2008. In October, Log Cabin also met with Romney at a Virginia farmhouse just before Election Day to discuss LGBT issues, such as the Employment Non-Discrimination Act.

The Republican National Committee is set on Monday to make public an internal review of Election 2012 and make recommendations going forward. It’s unknown whether the report will address the party’s relationship with the LGBT community.

Sean Spicer, a Republican National Committee spokesperson, expressed a sentiment similar to Log Cabin’s on the importance of inclusion, but took note of the party’s 2012 platform, which endorses a federal constitutional amendment banning same-sex marriage.

“While the issues of our party are clear in our platform, Chairman Priebus recognizes that in order to grow our party we need to be a party of addition and multiplication rather than subtraction and division,” Spicer said.

On its face, CPAC represents the image of the Republican Party that has yet to embrace LGBT people. This year, an estimated 10,000 people are expected to attend the convention, which will take place from Thursday to Saturday at the Gaylord National Resort & Convention Center in National Harbor, Md.

Speakers at the event include rising Republican stars such as Sen. Marco Rubio (R-Fla.), who’s expressed opposition to same-sex marriage and voted against LGBT-inclusive reauthorization of the Violence Against Women Act as well as former Republican presidential candidates Rick Santorum and Mitt Romney, who campaigned last year in favor of a constitutional amendment banning same-sex marriage throughout the country.

Others include Sen. Rand Paul (R-Ky.), who gained notoriety recently for his 13-hour filibuster in the Senate over Obama’s use of drones and authority to use them in the United States, as well as former Florida Gov. Jeb Bush and former Republican vice presidential candidate Sarah Palin.

Neither GOProud, which was banned from the event in 2011, nor Log Cabin will be co-sponsors of the event, although social conservative groups, such as The Heritage Foundation and Focus on the Family’s CitizenLink will be in attendance.

Both groups told the Blade they didn’t actively seek to participate as sponsors during the event, but they also weren’t invited to attend. Angelo said Log Cabin was invited to participate in other CPAC-related events throughout the week, but opted not to attend.

Gregg Keller, executive director of the American Conservative Union, said in a statement to the Blade that GOProud — along with John Birch Society, an advocacy group supporting limited government — were barred in 2011 for reasons other than gay identity.

“The ACU Board voted in 2011 to not invite two groups to sponsor CPAC because of past disrespectful behavior toward conservatives and event attendees and that policy remains in place,” Keller said. “Although these organizations are not able to participate as sponsors, their members and supporters are welcome to purchase tickets and attend.”

LaSalvia responded by saying ACU’s stated reason for GOProud’s exclusion from CPAC is untrue.

“For two and half years we were under attack from anti-gay forces on the ACU board to keep us out of CPAC because we are gay,” LaSalvia said. “One of our board members called one of those anti-gay ACU board members a ‘bigot.’ He apologized, and they have used that incident as their reason to exclude us when the truth is they kicked us out because we are gay.”

Still, an unofficial event will be held on Thursday in the same building as CPAC that will highlight gay conservatives and tolerance, titled, “A Rainbow on the Right: Growing the Coalition, Bringing Tolerance Out of the Closet.” It’s hosted by the Competitive Enterprise Institute and will begin at 6 pm.

Speakers on the panel include LaSalvia as well as CEI Chair Fred Smith; Jonah Goldberg, editor-at-large for The National Review; CNN contributor and noted supporter of marriage equality Margaret Hoover; and the Washington Post’s conservative blogger Jennifer Rubin.

Despite the prominent anti-gay speakers at the event, CPAC is hosting no official panel with a specific anti-gay bent, or even one against same-sex marriage.

LaSalvia said he thinks social conservatives “are an important part of the coalition” that make up the Republican Party, but he doesn’t know what the future holds for conservatives who demonize gay people.

“And I’m not talking about people who oppose gay marriage; I’m talking about the ‘anti-gay-for-pay’ crowd,” LaSalvia said. “Because most Americans have gay people in their lives, they know that gays aren’t destroying America, they know that gays aren’t destroying civilization because gay people are in their families, and so they know better.”

Perhaps the most striking signal that the GOP is reconsidering its position on LGBT issues is a legal brief signed by 131 prominent Republicans calling on the Supreme Court to overturn California’s Proposition 8.

Signers of the brief, which was circulated by gay former RNC Chair Ken Mehlman, included Ros-Lehtinen as well as her House colleague Richard Hanna (R-N.Y.). The brief also included many individuals who worked on the Romney campaign — including David Kochel, Romney campaign’s Iowa strategist, who’s said support for marriage equality is “emerging as a mainstream issue” in the GOP — as well as Republican gubernatorial candidate Meg Whitman, who campaigned in support of Prop 8.

Angelo said the brief “really crystalized” a greater acceptance of gay individuals in the conservative movement that he said “has been happening for years.”

“There have been people who have been elected officials at the grassroots level — and people who have been prominent staffers — who have been personally supportive of gay individuals in the past,” Angelo said. “What’s happening now is they’re becoming more outspoken in that support, and there is a true debate that’s happening within the conservative movement on this issue, specifically of marriage equality.”

Additionally, the 2012 election — in which three states legalized same-sex marriage and another rejected a constitutional amendment banning it — has shaken up presidential candidates’ views on same-sex marriage.

Former Utah Gov. Jon Huntsman, a Mormon, expressed support for same-sex marriage in an op-ed for the American Conservative, while former U.S. House Speaker Newt Gingrich reportedly told The Huffington Post the Republican Party must accept the reality of same-sex marriage.

In a recent Fox News interview, Romney said he continues to believe marriage is for one man, one woman, but he’ll “respect” other views on the issue.

These new views have led observers to believe that positions on marriage could divide Republican candidates when the compete in primaries for the nomination to run for the White House in 2016.

Angelo said 2016 is a “long way away” and thinks how the marriage issue will play out among the Republican candidates will become more apparent depending on the Supreme Court’s upcoming rulings on Prop 8 and DOMA.

“Will Republicans breathe a sigh of relief if DOMA is overturned and Proposition 8 is overturned because the issues are off the table, or is it going to be something that the Republican Party continues to pursue?” Angelo said. “Any presidential candidate that the party would put forth would have to deal with these issues as a political reality.”

Angelo said the debate within the Republican Party on LGBT rights is the result of an absence of negative consequences after the legalization of same-sex marriage in nine states and D.C.

“I know a lot of people would rather that there would be no debate at all and the movement go from completely opposing same-sex civil marriages to completely embracing it, but that’s not how these things happen,” Angelo said. “I’m definitely a realist in that regard, but things are definitely moving in the right direction.”

UPDATE: This article has been updated to include a comment from the Republican National Committee and a response from Jimmy LaSalvia on ACU’s stated reason for excluding GOProud from CPAC.

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Federal Government

Top Democrats reintroduce bill to investigate discrimination against LGBTQ military members

Takano, Jacobs, and Blumenthal sponsored measure

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U.S. Rep. Mark Takano (D. Calif.) speaks at a Hispanic Federation press conference outside U.S. Capitol on July 9, 2024. (Washington Blade photo by Michael Key)

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.”

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Gay men, ketamine, and trauma. A therapy or a trap?

For many, the escape doesn’t last

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(Photo by Jon Cherry)

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 bladderliver, 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.”

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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.

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Equal Employment Opportunity Commission seal, gay news, Washington Blade

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.”

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