News
DOJ slammed for ducking on trans exclusion in ADA
Obama administration says resolution to case based on Title VII the right approach

The Justice Department ducked on whether the trans exclusion in ADA is unconstitutional. (Photo by Mbiama via Wikimedia Commons)
Gay & Lesbian Advocates & Defenders took the Justice Department to task in a statement last week for declining to weigh in on the explicit transgender exclusion written into the 1990 law.
The ADA prohibits discrimination on the basis of disability in employment, public accommodations and other areas, but the law explicitly states it doesn’t include “transvestism, transsexualism, pedophilia, exhibitionism, voyeurism [and] gender identity disorders not resulting from physical impairments or other sexual behavior disorders.”
Jennifer Levi, director of GLAD’s trans rights project, said the Justice Department’s decision to avoid the trans exclusion in a statement of interest filed on July 21 is “surprising and disappointing.”
“Given the rank animus behind it, the exclusion serves to marginalize and stigmatize a minority group that the DOJ has recognized needs and deserves legal protections,” Levi said.
Kate Lynn Blatt, a transgender employee at the hunter gear Cabela’s Retail, filed a discrimination claim against her employer under both Title VII of the Civil Rights Act of 1964, on the grounds the store discriminated against her based on her sex; and the ADA, on the basis the store refused to reasonably accommodate her by denying her use of a restroom consistent with her gender identity and the ability to wear a nametag with her correct name. Blair also endured harassment from supervisors and co-workers and was abruptly terminated in 2007.
In a four-page statement of interest signed by trial attorney Emily Nestler, the Justice Department asks the court to hold off on determining the constitutionality of ADA’s trans exclusion until the challenge on the basis of Title VII is resolved.
“The United States respectfully requests that the Court defer ruling upon Plaintiff’s constitutional challenge to the GID Exclusion until after the Title VII claims are resolved, as disposition of Plaintiff’s Title VII claims could resolve this case without the need to reach the constitutionality of the GID Exclusion,” the filing says. “Should the Court later determine that the constitutional issue cannot be avoided, the United States respectfully reserves the right to intervene or file a supplemental statement of interest at that time.”
In 2012, the U.S. Equal Employment Opportunity Commission determined in the case of Macy v. Holder the gender provision under Title VII applies to workplace discrimination against people for being transgender. In a statement in December, the Justice Department followed suit, saying the U.S. government would no longer deny the law covers gender-identity discrimination.
Levi added the filing has two silver linings: the reassertion that Title VII prohibits workplace discrimination against transgender people and language that enables the Justice Department to revisit the trans exclusion at a later time.
“While we acknowledge these bright spots, the problem created by the ADA exclusion remains,” Levi said. “Congress excluded transgender people from the protections of the ADA because of the stigma associated with gender dysphoria. As long as the transgender exclusion remains within the law, the ADA fails in its promise to create a level playing field in employment for all people capable of doing the job.”
The U.S. Justice Department deferred to its filing in the case in response to the Washington Blade’s request to comment on GLAD’s criticism.
Representing Blatt is Sidney Gold, Neelima Vanguri and Brian Farrell of the Philadelphia-based Sidney L. Gold & Associates. Along with Law Professor Kevin Barry of Quinnipiac University, GLAD and other trans rights groups filed a friend-of-the-court brief in January arguing by maintaining the trans exclusion, the ADA perpetrates the kind of discrimination it seeks to dismantle.
European Union
European Commission says all EU countries should ban conversion therapy
Recommendation ‘an important step forward for LGBTI rights across Europe’
The European Commission on Wednesday said all European Union countries should ban so-called conversion therapy.
The recommendation comes weeks after the European Parliament voted in favor of prohibiting the widely discredited practice across the EU. More than 1.2 million people signed a campaign in support of the ban that ACT (Against Conversion Therapy) LGBT launched in 2024 through the EU’s European Citizens Initiative framework.
“We warmly welcome today’s commitment from the European Commission to a recommendation on ending conversion practices, an important step forward for LGBTI rights across Europe,” said ILGA Europe in a statement.
Seven EU countries — Belgium, Cyprus, France, Malta, Norway, Portugal, and Spain — have banned conversion therapy outright.
Greece in 2022 banned the practice for minors. German lawmakers in 2020 passed a law that prohibits conversion therapy for minors and for adults who have not consented to undergoing the widely discredited practice.
ILGA Europe said the European Commission’s recommendation “highlights how much work remains to be done.”
“Ending conversion practices cannot stop at symbolic commitments or fragmented national approaches,” stressed the advocacy group. “We need coordinated EU action, proper training for professionals, and survivor-centered support systems that recognize the serious harm these practices cause.”
“More than one million people supported the European Citizens’ Initiative calling for change,” added ILGA Europe. “The message is clear: conversion practices are not therapy or belief, they are a form of violence that Europe can and should end.”
Delaware
Blade Foundation awards 9th journalism fellowship to AU student
Thomas Weaverling will cover LGBTQ issues in Delaware this summer
The Blade Foundation this week announced the recipient of its 2026 Steve Elkins Memorial Fellowship in Journalism is Thomas Weaverling, who is scheduled to graduate from American University with a degree in communication, language, and culture this month.
He will cover issues of interest to Delaware’s LGBTQ community for 12 weeks this summer. The fellowship is named in honor of Steve Elkins, a journalist and co-founder of the CAMP Rehoboth LGBTQ community center. Elkins served as editor of Letters from CAMP Rehoboth for many years as well as executive director of the center before his death in March of 2018.
Kevin Naff, editor of the Blade, welcomed Weaverling and will introduce him to the Rehoboth Beach community at an event this week.
“If the applicants to our fellowship program are any indication, the future of American journalism is very bright,” Naff said. “Thomas stood out for his broad skillset and strong writing and reporting skills and we’re all excited to work with him this summer.”
Weaverling is the ninth recipient of the Elkins fellowship, which is funded by community donations at the Blade Foundation’s annual fundraiser in Rehoboth Beach. This year’s event is scheduled for May 15 at Diego’s and includes a generous sponsorship from Realtor Justin Noble and remarks from Ashley Biden accepting an award on behalf of her brother Beau Biden for his LGBTQ advocacy while serving as Delaware’s attorney general.
“I am incredibly honored and excited to receive the Steve Elkins Memorial Fellowship in Journalism,” Weaverling said. “Writing for the Washington Blade has been a goal of mine since I began my freshman year of college and I could not be more thrilled to have this opportunity. I am looking forward to getting to know the LGBTQ+ community in Rehoboth Beach and throughout Delaware.”
Weaverling is graduating cum laude with a concentration in journalism and Spanish. He studied in Spain in 2025 and worked in the office of Rep. Bonnie Watson Coleman (D-N.J.) as a policy intern.
For more information on the fellowship program or to donate, visit bladefoundation.org.
Poland
Polish government to recognize same-sex marriages from EU countries
Prime minister: recognition ‘no way a path to the possibility of adoption’
The Polish government on Tuesday said it will recognize same-sex marriages legally performed in other European Union states.
The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage. Poland’s Supreme Administrative Court in March reaffirmed the decision.
The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.
Prime Minister Donald Tusk on Tuesday apologized to same-sex couples for the “years of rejection and humiliation” they suffered because Poland did not recognize their relationships.
“I hope that after the ruling of the (European Union) court and the Supreme Administrative Court, we will also find swift and necessary legislative solutions in parliament,” said Tusk, according to TVP, Poland’s public broadcaster.
Warsaw Mayor Rafał Trzaskowski, a member of Tusk’s centrist Civic Coalition party, who supports LGBTQ rights, said his city will begin to recognize same-sex marriages legally performed in other EU countries before the national government does. Tusk, for his part, said this recognition is “no way a path to the possibility of adoption.”
Any marriage recognition bill that MPs pass will go to President Karol Nawrocki, who is a socially conservative Catholic, for his signature.
“We welcome these decisions and announcements with hope,” said the Campaign Against Homophobia, a Polish LGBTQ advocacy group. “The true confirmation of these words, however, will be the signing of the aforementioned regulation and the actual certificates held in the hands of those Polish couples who were forced to fight for their dignity and justice before Polish courts.”
Karolina Gierdal, a lawyer with Lambda Warszawa, another Polish LGBTQ rights organization, criticized Tusk’s adoption comments.
“It is sad that the LGBT community is once again presented as a threat, as if society needs reassurance that adoption rights ‘won’t happen.’” she told TVP. “The reality is that children are already being raised in same-sex families in Poland, and maintaining the current legal situation means reducing the level of legal protection available to those children.”
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