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Commerce Dept. omits, restores LGBT people in non-discrimination policy

Trump admin pledges to restore missing protections in future update

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Commerce Secretary Wilbur Ross omitted LGBT workers from his EEO policy statement. (Photo via wikimedia)

Commerce Secretary Wilbur Ross issued a new non-discrimination policy this week omitting explicit assurances LGBT workers won’t face discrimination in his department, prompting an outcry that resulted in an updated version of the document making clear the prohibition on anti-LGBT discrimination.

The 2017 Secretarial Policy Statement on Equal Employment Opportunity initially found on the Commerce Department’s website declares it won’t tolerate discrimination on the basis of race, color, religion, sex, national origin, age or disability. Omitted from the policy: sexual orientation and gender identity — two categories that were included in the policy under the Obama administration.

According to a report in Buzzfeed, the Ross policy statement was circulated among department staff on Thursday. The new policy statement was posted in the last 10 days, Buzzfeed reports, because an archived view of the website from June 6 reveals the 2016 LGBT-inclusive statement was included. The Commerce Department employs nearly 47,000 workers, according to its website.

David Stacy, the Human Rights Campaign’s government affairs director, said in a statement the omission represents “the Trump/Pence Administration actively seeking to undermine rights for LGBTQ people.”

“The Commerce Department’s EEO statement is meant to inform workers and applicants about their legal protections,” Stacy said. “Cutting specific mention of sexual orientation and gender identity protections is a slap in the face to LGBTQ federal employees who proudly serve at the Department of Commerce and sadly signals that this administration does not value them.”

After initial media reports and outcry over the omission, the Commerce Department sent out a new version of the non-discrimination policy Friday with sexual orientation and gender identity specifically included.

A Commerce Department spokesperson said the omission was “never intended to change the policy or exclude any protected categories” and insisted the department doesn’t discriminate against LGBT people.

“I hope we can help people understand that the impression this whole situation gave people is really not who Secretary Ross is,” the spokesperson said. “As soon as this was brought to his attention, he was appalled and directed immediate action be taken to rectify any misconceptions. From his first day at Commerce, Secretary Ross has made clear that he will tolerate no bias or discrimination of any sort.”

Even if the Commerce Department no longer prohibited discrimination on the basis of sexual orientation and gender identity, LGBT workers there would still have protections under the executive order signed by President Clinton barring anti-gay discrimination in the federal workforce, which President Obama expanded to include transgender people.

LGBT workers at the Commerce Department may also find restitution for claims of discrimination under Title VII of the Civil Rights of 1964. The law contains no explicit prohibition on anti-LGBT discrimination, but the U.S. Equal Employment Opportunity Commission and a growing number of courts have determined the prohibition on sex discrimination under the law applies to LGBT people.

House Minority Whip Steny Hoyer (D-Md.) decried the Commerce Department omission as “appalling” in a statement and was among those who called on Ross to reinstate sexual orientation and gender identity in the policy.

“While LGBT employees of the Department remain protected under the government-wide policy instituted by former President Obama, this decision by Secretary Ross sends a signal that LGBT Americans are not welcome at the department he leads,” Hoyer said. “In addition to the injustice of his move, the Secretary ought to reflect on the role of the LGBT community in our economy and the importance of LGBT businesspeople in creating jobs and expanding trade to benefit our country and its workers.”

Joel Kasnetz, a spokesperson for the Democratic National Committee, also criticized the Trump administration for the LGBT omission and said the restoration of the language is an insufficient remedy.

“You can’t un-ring a bell,” Kasnetz said. “By trying to erase LGBTQ people from the Commerce Department’s nondiscrimination policy, the Trump administration sent a crystal clear message to LGBTQ Americans: ‘You’re not welcome here.’”

The Commerce Department didn’t respond to a follow-up inquiry on why sexual orientation and gender identity were excluded from the policy in the first place.

A White House official deferred to the Commerce Department statement in response to inquiries on whether President Trump was OK with the omission and whether it was the result of an administration-wide directive. In January, the White House said Trump would leave in place Obama’s executive order barring anti-LGBT workplace discrimination among federal contractors.

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New York

N.Y. governor’s race presents stark contrast on LGBTQ rights

Democratic Gov. Kathy Hochul expected to face Republican Bruce Blakeman

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Kathy Hochul (Photo courtesy of the then-New York Gov. Andrew Cuomo's office)

As states across the country grapple with a rapidly changing federal landscape under President Donald Trump, governors have increasingly become the first line of defense — or enforcement — on issues ranging from healthcare and education to LGBTQ rights.

Nowhere is that more apparent than in New York, Trump’s home state, where the 2026 gubernatorial race is shaping up as a high-profile battle over the future of LGBTQ protections.

Incumbent Democratic Gov. Kathy Hochul is seeking a second full term as New York’s 57th governor and the state’s first female governor. She enters the race with strong support from LGBTQ advocates and organizations, including an endorsement from the Stonewall Democrats of New York City. Earlier this year, Hochul was also endorsed by progressive leaders like New York City Mayor Zohran Mamdani and U.S. Rep. Alexandria Ocasio-Cortez. She is running alongside New York City Council Speaker Adrienne Adams as her lieutenant governor candidate.

Throughout her tenure, Hochul has signed a series of measures aimed at strengthening protections for LGBTQ New Yorkers, particularly transgender residents.

Among the most notable is New York’s “Trans Safe Haven Act,” which protects out-of-state trans youth, their parents, and medical providers who travel to New York to access legally protected gender-affirming care. Hochul has also signed legislation requiring health insurance plans to cover HIV prevention medications, including PrEP and Post-Exposure Prophylaxis (PEP), without out-of-pocket costs.

Additionally, Hochul signed a Long-Term Care Bill of Rights that prohibits discrimination against LGBTQ seniors and people living with HIV in long-term care facilities.

“As the birthplace of the LGBTQ+ rights movement, New York has long been at the forefront of advancing equality,” Hochul said in a statement during Pride month. “During Pride month, we celebrate New York’s vibrant LGBTQ+ community and acknowledge the importance of protecting the rights and freedoms of LGBTQ+ New Yorkers. This month and every month, we proudly stand with the LGBTQ+ community and remain committed to building a more inclusive and equitable future for all where everyone can live freely with dignity, safety, and respect.”

On the Republican side, Nassau County Executive Bruce Blakeman has emerged as the party’s leading candidate. Blakeman is running with Madison County Sheriff Todd Hood as his lieutenant governor pick.

Blakeman, Nassau County’s 10th county executive, was first elected in 2021 after defeating Democratic incumbent Laura Curran. He previously served as a commissioner of the Port Authority of New York and New Jersey, a Nassau County legislator, and a Hempstead town councilman.

A longtime supporter of Trump, Blakeman appeared alongside the president during a 2024 event honoring slain NYPD Officer Jonathan Diller.

LGBTQ advocates have frequently criticized Blakeman for his positions on trans issues, particularly his opposition to trans women participating in women’s sports.

In February 2024, Blakeman signed an executive order barring women’s sports teams that include trans women from using Nassau County athletic facilities. The policy applies to youth, collegiate, and professional teams. Teams that include trans men were not affected. The order has since been halted by the New York State Appellate Division swiftly issued an injunction halting enforcement while the plaintiffs appeal the decision

Ahead of announcing the order, Blakeman repeatedly referred to trans women as “biological males” and argued they should compete on men’s or co-ed teams. LGBTQ rights groups condemned the policy, saying it discriminates against trans athletes and contributes to the marginalization of trans youth.

Trump endorsed Blakeman’s gubernatorial campaign in December 2025, shortly after U.S. Rep. Elise Stefanik (R-N.Y.) announced she would not seek the Republican nomination. The president made his endorsement via Truth Social that “Bruce is MAGA all the way, and has been with me from the very beginning.”

The Washington Blade contacted Blakeman’s campaign seeking comment on his LGBTQ policy priorities and views on issues including nondiscrimination protections, trans rights, and healthcare access. The campaign did not respond.

The race highlights two sharply different approaches to LGBTQ policy in a state widely regarded as the birthplace of the modern LGBTQ rights movement, home to the 1969 Stonewall uprising that helped launch the contemporary movement for LGBTQ equality.

Despite the ideological contrast, early polling suggests Hochul remains the clear favorite. Most public surveys show the incumbent holding a double-digit advantage over her potential Republican challengers, with some polls placing her lead at roughly 20 percentage points ahead of the November election.

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Illinois

Obama Center opens with tributes to marriage equality, LGBTQ progress

19.3 acre campus honors 44th president’s legacy

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The Obama Presidential Center in Chicago on June 14, 2026. (Washington Blade photo by Michael K. Lavers)

The Barack Obama Presidential Center held media previews on Thursday ahead of its official Juneteenth opening, marking the debut of the first presidential center dedicated to the 44th and only Black U.S. president.

The 19.3-acre campus, located on Chicago’s South Side within historic Jackson Park, features a museum, garden, basketball court, and a new branch of the Chicago Public Library.

Multiple artifacts related to the LGBTQ rights movement appear in the presidential museum’s collection, though none appeared to be on display at the time of publication, according to the center’s website.

Among the objects in the collection are the pen Obama used to sign the repeal of the “Don’t Ask, Don’t Tell” policy that prohibited gay, lesbian, and bisexual individuals from serving openly in the military; a set of Harvey Milk commemorative stamps honoring the first openly gay elected official in San Francisco; and an Out2Enroll rainbow sweat wristband used to connect communities — specifically LGBTQ people and their families, friends, and allies — with health insurance coverage options available under the Affordable Care Act.

The artifacts reflect a broader LGBTQ legacy associated with the Obama presidency.

During the televised opening ceremony, former first lady Michelle Obama thanked her husband for “standing up for marriage equality.”

During his presidency, Obama took a number of actions affecting LGBTQ Americans, including repealing “Don’t Ask, Don’t Tell,” signing the Matthew Shepard Hate Crimes Act, directing the Justice Department to stop defending the Defense of Marriage Act in court, expanding federal benefits and leave to same-sex domestic partners of federal and Foreign Service employees, broadening Affordable Care Act coverage for LGBTQ health issues, including HIV/AIDS prevention and treatment, and signing a 2014 executive order prohibiting federal contractors from discriminating based on sexual orientation or gender identity.

The opening event drew numerous celebrities, including Stevie Wonder, Christina Aguilera, Oprah Winfrey, and Tom Hanks.

It also attracted political figures from both sides of the aisle. One notable exception was President Donald Trump, who was not invited to the ceremony. All other living former presidents were invited and attended.

The Obama Presidential Center will open to the public on June 19, with tickets available on its website.

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Florida

Intersex teacher alleges Fla. school fired him over perceived trans identity

Shepard Scalf filed a complaint with Equal Employment Opportunity Commission

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Intersex flag (Bigstock photo)

An intersex teacher in Florida who was fired is alleging in a new Equal Employment Opportunity Commission filing that he was terminated based on assumptions that he was transgender.

Shepard Scalf in the filing says he was assigned female at birth but identifies as male.

According to Monday’s filing with the EEOC, submitted on Scalf’s behalf by the American Civil Liberties Union, the American Civil Liberties Union of Florida, and the law firm of Chanfrau & Chanfrau P.L., the school district fired Scalf on the basis of his sex and the presumption that he is trans. 

Scalf was hired for the 2025-2026 school year at Patriot Oaks Academy in the St. Johns County School District to teach language arts to 6th- and 7th-graders, after previously working in another Florida school district.

During the hiring process, Scalf submitted paperwork that disclosed he had been assigned female at birth. He was born with an intersex variation with XY chromosomes, and he lives as and presents as a man.

On Aug. 28, 2025, Patriot Oaks Academy Principal Drew Chiodo scheduled an emergency meeting with Scalf. The principal was directed to read a letter from the school district superintendent informing Scalf that he must either submit his resignation or be fired. 

According to the ACLU, Scalf was provided with no legitimate reason for his termination and had not received any prior warnings or disciplinary actions. At the time of his termination, Chiodo told Scalf his work was “exemplary” and that Scalf had “met every expectation.”

“Receiving this ultimatum was confusing and overwhelming. Everything had been going so well — I couldn’t understand why this was happening,” Scalf said. “The start of a school year is always brimming with promise and excitement, and I was looking forward to continuing my teaching career at Patriot Oaks until I was cornered into resigning. It became clear to me that being fired had nothing to do with my qualifications or teaching — it was about who I am.”

According to the filing, Scalf received communications that the termination followed complaints from a parent about his gender identity. However, the filing also claims that his gender identity, sex assigned at birth, and intersex status were never mentioned in his classroom.

In a 2020 ruling, the U.S. Supreme Court in Bostock v. Clayton County found employment discrimination on the basis of actual or perceived sexual orientation or gender identity is a violation of Title VII of the Civil Rights Act of 1964.

The ACLU is claiming that under that ruling, Scalf’s rights under Title VII were violated.

“Six years ago, the Supreme Court held in Bostock v. Clayton County that employers cannot fire someone for being gay or transgender because doing so is discrimination because of sex,” said Shana Knizhnik, senior staff attorney with the ACLU’s LGBTQ & HIV Project, in a press release from the ACLU. “The same reasoning protects intersex people, who have long faced discrimination because their bodies and lives do not conform to narrow expectations about what a man or a woman is supposed to be. Mr. Scalf was an exemplary teacher, but despite his performance and qualifications, he was forced out of his job because he did not fit those expectations. As politicians and institutions increasingly seek to police sex and gender, intersex people are too often caught in the crossfire alongside transgender people — but federal civil rights law protects everyone from this kind of discrimination.”

Samantha Past, a staff attorney with the ACLU of Florida, stated in a press release that Florida’s public school system is increasingly hostile towards LGBTQ people.

“At a time when Florida’s public schools are increasingly targeted by disruptive state policies and in the midst of a teacher shortage crisis, St. Johns County School District chose to unlawfully oust a qualified and respected educator. Everyone deserves the opportunity to work and contribute to their community without fear of being targeted because of who they are. Mr. Scalf is no exception,” Past stated.

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