News
Trump budget assailed for ‘troubling’ cuts to LGBT civil rights
Proposal would zap agency charged with enforcing Obama LGBT order

President Donald Trump has proposed a budget that includes cuts to civil rights agencies. (Washington Blade photo by Michael Key)
President Trump’s commitment to upholding civil rights for LGBT people has come into renewed question in the wake of a budget proposal that makes substantial cuts to agencies enforcing non-discrimination laws and cumulative actions over the course of his administration undermining those statutes.
Trump’s $4.1 trillion budget proposal for fiscal year 2018 — unveiled late last month — calls for major cuts from Obama-era levels to civil rights agencies within federal departments across the board, including the Justice Department, the Department of Health & Human Services and the Education Department.
Also, the budget proposes the elimination of the Labor Department’s Office of Federal Contract Compliance — which is charged with enforcing President Obama’s executive order barring anti-LGBT workplace discrimination among federal contractors — and merging it with the U.S. Equal Employment Opportunity Commission, the U.S. agency that enforces federal employment non-discrimination law.
Sharita Gruberg, associate director of LGBT research and communications for the Center for American Progress, said the proposed cuts are “really troubling” for the continued enforcement of laws barring discrimination against LGBT people.
“There are cuts across every single federal agency charged with enforcing civil rights laws and it would undo a lot of the gains that we’ve gotten over the last administration in ensuring that civil rights are robustly enforced,” Gruberg said.
A White House Office of Management & Budget official pointed to other aspects of the Trump budget the administration says demonstrates a commitment to civil rights, such as $2.7 million for the Education Department’s Civil Rights Data Collection program, which is three times more than what was planned for FY-17.
“The president’s budget proposal maintains the administration’s commitment to the enforcement of the nation’s civil rights laws,” the official said. “It straightlines funding for DOJ’s Civil Rights Division, supporting efforts to combat human trafficking; prosecute hate crimes; protect the rights of U.S. workers, service members, and veterans; safeguard the voting rights for all Americans; and promote fair housing and educational opportunities.”
For the HHS Office of Civil Rights, the Trump budget proposes a 15 percent cut — down from an estimated $53 million from FY-17 to $44 million in FY-18 — and a 10 percent staff reduction, from 177 to 161.
That office is charged with enforcing Section 1557 of the Affordable Care Act, which bars discrimination on the basis of sex in health care. The Obama administration issued a rule clarifying that provision applies to transgender people, ensuring access to transition-related care and gender reassignment surgery.
Although U.S. District Judge Reed O’Connor in Texas issued an injunction barring the Obama administration from applying the Section 1557 to cases of transgender discrimination, Gruberg said the HHS Office of Civil Rights “presumably should still be investigating complaints from LGBT people of discrimination in health care” and the cuts would be harmful.
“These are complaints that would not get the resources or staffing needed to ensure that they are investigated and that LGBT people are getting the health care that they’re entitled to without discrimination,” Gruberg said.
For the Education Department’s Office of Civil Rights, which is charged with enforcing Title IX of the Education Amendments of 1972, the funding is maintained between FY-17 and FY-18 at $107 million. However, with the same level of funding the proposed budget calls for a seven percent reduction in staff, from 569 employees to 523.
Courts are beginning to construe Title IX, which bars discrimination on the basis of sex, to apply to LGBT students. The Obama administration issued guidance indicating schools that bar transgender kids from the restroom consistent with their gender identity may lose funding under this law, but U.S. Attorney General Jeff Sessions and Education Secretary Betsy DeVos revoked the guidance.
Even though the Trump administration rescinded the guidance, Gruberg said the Education Department’s Office of Civil Rights is still charged with investigations under Title IX, citing a 75 percent increase in complaints from 2009 to 2015.
“The law is still the law and this would hurt the office’s ability to provide technical assistance about what their obligations are under the law even without the guidance in place,” Gruberg said.
For the Justice Department’s Civil Rights Division, the Trump budget proposes the elimination of 121 staff positions. That division is responsible for upholding civil rights laws, including Title VI of the Civil Rights Act of 1964, which bars employment discrimination based on sex, and the Violence Against Women Act, which specifically bars anti-LGBT discrimination in domestic abuse relief programs.
Under former U.S. Attorney General Loretta Lynch, the civil rights division filed a lawsuit against North Carolina’s anti-LGBT House Bill 2 based on the laws before the litigation was withdrawn under Trump.
“At a time when they filed the most criminal civil rights complaints and trafficking complaints ever, this staffing cut will severely diminish the ability of DOJ civil rights to file and prosecute criminal and civil rights violations,” Gruberg said.
In addition to merging OFCCP with EEOC, the budget calls for the elimination of 130 full-time staff positions from the latter agency since FY-17, although funding would be flatlined at $364 million.
Gruberg said the cuts were “shocking” and the proposed merger spells trouble because OFCCP has oversight authority to investigate federal contractors for violations unlike EEOC, which generally awaits discrimination complaints filed by employees before taking action.
“They’re able to proactively investigate the status of equal opportunity at companies receiving taxpayer funds and ensure that they are not discriminating in ways that individuals employees might not be able to really grasp, such as hiring disparities, pay disparities, some of these systemic issues that an individual employee in their position might not know what’s happening to them,” Gruberg said.
The Department of Housing & Urban Development is also charged with enforcing a non-discrimination policy for LGBT Americans, a Obama administration rule barring anti-LGBT discrimination in government-sponsored housing and homeless shelters.
But assessing the capacity to enforce the rule is hard, Gruberg said, because that task is spread out across the agency. Primarily, HUD implements the rule through the Office of Fair Housing & Equal Opportunity, but the gender identity equal access piece is primarily implemented by the Office of Community Planning & Development, she said.
In Trump’s proposed budget, staffing levels for the Office of Fair Housing & Equal Opportunity would decrease by 10 and 26 full-time equivalents would be cut from Office of Community Planning & Development.
The proposed reductions in the budget for the enforcement of civil rights law are consistent with assertions the Trump administration has undertaken actions undermining civil rights, including a travel ban, review of police consent decrees and formation of an “election integrity” task force that seems to attempt to justify voter suppression efforts. On LGBT rights, the Trump administration has made anti-LGBT appointments, omitted LGBT questions from federal surveys and declined to defend LGBT rights measures in court.
Led by the Leadership Conference on Civil & Human Rights, a coalition of more than 100 groups this week co-signed a letter to Trump earlier this week urging him to reverse course and defend civil rights.
“Our nation should honor equal protection for all, view its diversity as its strength, and strive to be an inclusive place where all in America can live, work, study, and participate in our democracy as free and equal people,” the letter says. “We call on you and your administration to take affirmative steps to halt the problematic policies and initiatives we have outlined, and to provide positive leadership on these issues in order to promote inclusion and respect for the basic rights and dignity of every person in America.”
The EEOC doesn’t seem fazed by the prospects of having to implement the duties of OFFCP in addition to investigations and prosecutions already underway.
Kimberly Smith-Brown, an EEOC spokesperson, said the merger wouldn’t happen until FY-19 and the agency expects a “smooth transition” into the change.
“The FY 2018 budget refers to the proposed merger which would take place in FY 2019, with 2018 being a transition year during which OFCCP and EEOC would engage in transition talks and planning,” Smith-Brown said. “There were no financial or staffing implications for EEOC in FY 2018. Should the proposal to merge OFCCP and EEOC be approved by Congress, we are committed to a smooth transfer and transition.”
The OFFCP never publicly announced any investigations, charges or victories under Obama’s 2014 executive order against LGBT discrimination. It seems unlikely there were any because the Labor Department usually announces them as they occur.
The Labor Department for a span of years under the Obama administration and Trump administration hasn’t responded to the Washington Blade’s request to comment on whether investigations under the order had taken place.
Even though the EEOC has stated it can handle the transition, Gruberg said she thinks those remarks are aspirational and the proposed changes under the Trump budget aren’t “practically feasible.”
“You’re combining two offices that play very different roles in equal opportunity enforcement,” Gruberg said. “At the same time, you’re severely cutting staffing at these offices. And so, I think the combination of these two moves are really going to hinder the ability of these agencies to secure equal opportunity in the workforce for LGBT people.”
District of Columbia
Both sides propose revised orders in Capital Pride stalking case
Defendant Darren Pasha agreed to accept less restrictive directive
An evidentiary hearing in D.C. Superior Court on April 29 in which the Capital Pride Alliance presented three of four planned witnesses to testify in support of its civil complaint that D.C. gay activist Darren Pasha engaged in a year-long effort to harass, intimidate, and stalk its staff, board members, and volunteers ended abruptly at the direction of the judge.
Judge Robert D. Okun announced from the bench that the hearing, which was intended provide Capital Pride an opportunity to present evidence in support of its request to reinstate an anti-stalking order against Pasha that the judge temporarily rescinded on April 17, was no longer needed because Pasha stated at the hearing that he is willing to accept a revised, less restrictive temporary restraining order.
Pasha made that statement after two Capital Pride witnesses — June Crenshaw and Vincenzo Volpe — each testified in support of the stalking allegations against Pasha for over an hour under questioning from Capital Pride attorney Nick Harrison and under cross-examination from Pasha, who is representing himself without an attorney.
After Capital Pride’s third witness, Tifany Royster, testified for just a few minutes, and after the judge called a recess for lunch and to attend to an unrelated case, Pasha announced that after obtaining legal advice he determined that he was unsuited to continue cross-examining the witnesses. He said he would be willing to accept a significantly less restrictive temporary restraining order.
Okun then ruled that the evidentiary hearing was no longer needed and directed Capital Pride and Pasha to submit to him their version of a revised stay away order. He said he would use their proposed revisions to help him develop his own order, which he would issue after deliberating over the matter.
He also scheduled a mandatory remote mediation session for July 23, in which efforts would be made to resolve the case without going to trial. He then adjourned the hearing at 3:50 p.m.
The online Superior Court docket for the case stated after the hearing ended that the judge would issue “a new modified Temporary Protective Order,” but it did not say when it would be issued.
Shortly before the April 29 hearing began at 11 a.m., Harrison filed a “Draft Temporary Anti-Stalking Order” that included a list of 34 “Protected Persons” that Harrison said during the hearing were affiliated with Capital Pride Alliance as staff and board members, volunteers, and others associated with the group.
The proposed order stated, “The defendant shall not contact, attempt to contact, harass, threaten, or otherwise communicate with any protected person, directly or indirectly, including through third parties, social media, electronic communications, or any other means.”
The proposal represented a significant change from Capital Pride’s initial civil complaint against Pasha filed in February that Pasha claimed called for him to stay away at least 200 yards from all Capital pride staff, board members, and volunteers without naming them. Okun granted that stay away request in February but reduced the stay away distance to 100 feet.
Capital Pride attorney Harrison disputes Pasha’s interpretation of the order, saying the 100-foot stay-away was for events, not for individual Capital Pride staff, volunteers, or board members. He said the order prohibited Pasha from engaging in any way with the Capital Pride staffers, volunteers or board members.
But the proposed order Capital Pride at first submitted at the April 29 hearing also called for Pasha to stay away from and to not attend as many as 25 Capital Pride events scheduled to take place this year from April 30 through June 21 and for him to say away from the Capital Pride office located at 1827 Wiltberger St., N.W., which is the building in which it shares with the DC LGBTQ Community Center.
At the April 29 hearing, at Pasha’s request, Okun called on Capital Pride to consider allowing Pasha to attend at least the two largest events — the Capital Pride Parade and Festival — which draw over 500,000 participants.
Harrison said in a follow-up message to the judge following the hearing that Capital Pride would allow Pasha to attend those two events and one other as long as he stays away from “ticketed and controlled access areas.”
At an April 17 status hearing Okun rescinded the earlier stay away order at Pasha’s request, among other things, on grounds that it was too vague and didn’t provide Pasha with sufficient specific information on who to stay away from. It was at that hearing that Okun scheduled the April 29 evidentiary hearing, saying it would give Capital Pride a chance to provide sufficient evidence to justify an anti-stalking order and Pasha an opportunity to challenge the evidence.
In his own response to the initial civil complaint filed in February and in subsequent court filings, Pasha has strongly denied he engaged in stalking and has alleged that the complaint was a form of retaliation against him over a dispute he has had with Capital Pride and its former board president, Ashley Smith.
Like its initial complaint filed in February, Capital Pride filed a multipage document at the start of the April 29 hearing with written testimony from staff members and volunteers who allege that Pasha did engage in stalking, harassment, and intimidating behavior toward them and others.
Like Capital Pride, Pasha following the April 29 hearing, filed his own proposed version of the stay away order with significantly less restrictions than the Capital Pride proposal. Among other things, it calls for him to restrict his contact with Capital Pride CEO Ryan Bos and Crenshaw but says it “does not by its terms restrict the defendant’s communications with any other person, entity, governmental body, or media outlet.”
“Darren Pasha sent multiple messages to us and to the court after the proceedings asking for further modifications — which we are not accepting or responding to,” Harrison told the Blade in response to a request for further comment on Judge’s request for each side to submit proposed revisions of the stay away order.
“We appreciate the court’s time and careful attention to the evidence presented today,” Harrison told the Washington Blade in a written statement after the hearing. “This process was about bringing forward the experiences of individuals who reported a pattern of conduct that caused fear, serious alarm, and emotional distress,” he said.
“Capital Pride Alliance remains committed to ensuring that our events and community spaces are safe, welcoming, and free from harassment and we will continue to take appropriate steps to support and protect our community,” his statement says.
“I am happy with what we have accomplished so far,” Pasha told the Blade after the hearing. “I’m just waiting to see what will happen next. But I want to reiterate this goes back to when someone treats you wrong you speak up,” he said. “Even if I lose this case, I am glad that I spoke up and raised concerns.”
He added, “I will just be confident that in the next couple of months the truth will come out. But for now, I am happy with the progress that we have made regarding this.”
This story will be updated when the judge issues his revised stay away order.
European Union
European Parliament backs EU-wide conversion therapy ban
More than 1.2 million people backed campaign
The European Parliament on Wednesday voted in favor of banning so-called conversion therapy across the European Union.
ACT (Against Conversion Therapy) LGBT in 2024 launched a campaign in support of the ban through the EU’s European Citizens Initiative framework. More than 1.2 million people ultimately signed it.
The proposed ban had the support of 405 MEPs. The European Commission is expected to formally respond to it by May 18.
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.
National
Advocacy groups issue US travel advisory ahead of World Cup
Renee Good’s death in Minneapolis among incidents cited
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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