News
U.S. agency to Congress: Pass law against LGBT workplace discrimination
U.S. Commission on Civil Rights details history of anti-LGBT discrimination
Employment Non-Discrimination protest in May, 2010. (Washington Blade file photo by Michael Key)
An independent, bipartisan U.S. agency is set to deliver to President Trump on Wednesday a report calling on Congress to “immediately enact a federal law” against anti-LGBT workplace discrimination, although lawmakers are unlikely to act any time soon given the current makeup of Congress and the long history of stalling on the issue.
The U.S. Commission on Civil Rights details in the 154-page report the history of discrimination against LGBT people and the lack of non-discrimination protections for LGBT people in federal law, citing a 2015 hearing the agency held on the issue.
“LGBT individuals often face lower wages, increased difficulty in finding jobs, promotion denials, and/or job terminations due to their sexual orientation or gender identity,” the report says. “Studies have found that anywhere from 21 to 47 percent of LGBT adults faced employment discrimination because they were gay or transgender.”
Twenty states and D.C., the report notes, have laws barring anti-LGBT employment discrimination and growing number of courts are interpreting the prohibition on sex discrimination under Title VII of the Civil Rights Act of 1964 to apply to LGBT people. The U.S. Seventh Circuit Court of Appeals, the report notes, this year became the first federal appeals court to determine sexual-discrimination in the workplace amounts to sex discrimination under current federal law.
But the report concludes these measures are insufficient in comparison to an explicit federal non-discrimination law barring anti-LGBT discrimination in the workforce.
“Some federal courts have concluded that the existing federal statutory protection against discrimination based on sex, under Title VII of the Civil Rights Act of 1964, includes within its protection discrimination based on sexual orientation and gender identity,” the report says. “Other federal courts have disagreed. These inconsistent interpretations result in different protections available to individuals based on their jurisdiction, and it is not clear when the Supreme Court will resolve the dispute.”
Efforts to enact LGBT non-discrimination protections in the federal law have stalled for decades. In years past, LGBT advocates have sought to pursue federal non-discrimination protections through passage of the Employment Non-Discrimination Act. But since 2014, the Equality Act, which would amend the Civil Rights Act of 1964 to ensure more comprehensive protections for LGBT people, has been the chosen vehicle.
The report has five recommendations: Congress should “immediately enact a federal law” barring anti-LGBT discrimination in the workforce; U.S. agencies should issue guidance and policies outlining protections for LGBT workers, specifically transgender people; Congress should appropriate funds necessary to enforce civil rights laws; the religious exemption in any LGBT non-discrimination law should be the same as exemptions in existing civil rights law; and federal agencies, such as the U.S. census, should collect data on anti-LGBT workplace discrimination.
The United States Commission on Civil Rights is comprised of eight individuals who serve six-year terms: Four appointed are by the President, and four by Congress. The current chair is Catherine Lhamon, who was appointed by Obama and served during his administration as assistant secretary for civil rights at the Education Department. No Trump appointees serve on the commission.
The conclusions in the report aren’t unanimous. One of the congressionally appointed commissioners, Gail Heriot, a law professor at University of San Diego, disagrees with its conclusions. Another commissioners also appointed by Congress, Peter Kirsanow, a partner at Benesch, Friedlander, Coplan & Arnoff, argues LGBT issues aren’t within the commission’s jurisdiction.
The letter of transmittal indicates the report will be sent to Trump, Vice President Mike Pence, House Speaker Paul Ryan (R-Wis.) and Senate Majority Leader Mitch McConnell (R-Ky.). The Washington Blade sent a request to comment on report to the White House as well as Ryan and McConnell’s office.
In 2000, Trump said in an interview with The Advocate he supports amending the Civil Rights Act of 1964 to include sexual orientation. But Trump has never addressed whether he still supports that idea during his presidential campaign or his presidency, nor whether he’d also support amending the law to include transgender people.
Meanwhile, Trump’s administration has been hostile to LGBT workplace rights. The U.S. Justice Department has argued Title VII of the Civil Rights Act doesn’t apply to gay workers and rescinded an Obama-era memo asserting the law prohibits anti-trans discrimination.
Congress
10 HIV/AIDS activists arrested on Capitol Hill
Protesters interrupted Secretary of State Marco Rubio during hearing
U.S. Capitol Police on Tuesday arrested 10 HIV/AIDS activists who protested Secretary of State Marco Rubio during a Senate Foreign Relations Committee hearing.
The activists from Housing Works, Health GAP, the Treatment Action Group, and ACT UP held signs and chanted “Rubio’s Cuts Kill People with AIDS, PEPFAR Saves Lives!” before officers removed them from Dirksen Senate Office Building room where the hearing took place.
A media advisory the Washington Blade received before the protest noted “mounting evidence of Rubio’s attempts to sabotage PEPFAR (the President’s Emergency Plan for AIDS Relief, U.S. bilateral AIDS program) and vital global health programs.” The press release specifically highlighted three specific points:
• Eliminating Centers for Disease Control’s (CDC) lifesaving PEPFAR programs, which currently support approximately 12 million people on HIV treatment across 51 countries. Instead, Rubio intends to dismantle CDC’s current PEPFAR role and stamp out their global footprint in disease outbreak and surveillance for pandemics beyond HIV. Experts including eight former CDC Directors under Republican and Democratic administrations have spoken out against this effort to dismantle PEPFAR. Recent PEPFAR data showed sharp decreases in the numbers of people newly tested, diagnosed, and treated for HIV, but these data would have been even worse if not for CDC’s PEPFAR programs.
• Withholding $2 billion in Congressionally appropriated FY25 funding, including $330 million to combat HIV, $250 million to fight malaria, $320 million for maternal and child health programs, and nearly $650 million in global health security programs.
• Negotiating secret bilateral deals blackmailing African governments by demanding access to critical mineral wealth as a condition of access to HIV treatment and prevention funding.
The groups have staged several protests against the Trump-Vance administration’s HIV/AIDS policies since it took office.
Rubio on Jan. 28, 2025, issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during a freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, 2025, has severely impacted their work.
The State Department last September announced PEPFAR will distribute lenacapavir in countries with high prevalence rates.
The New York Times last summer reported Vought “apportioned” only $2.9 billion of $6 billion that Congress set aside for PEPFAR for fiscal year 2025. (PEPFAR in the coming fiscal year will use funds allocated in fiscal year 2024.)
Bipartisan opposition in the U.S. Senate prompted the Trump-Vance administration last July withdraw a proposal to cut $400 million from PEPFAR’s budget. Vought a few weeks later said he would use a “pocket rescission” to cancel $4.9 billion for HIV/AIDS prevention and global health programs and other foreign aid assistance initiatives that Congress had already approved.
The White House in January expanded the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.” President Ronald Reagan in 1985 implemented the original regulation, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services. Advocacy groups insist the expanded rule will adversely impact HIV prevention efforts around the world.
“Congress must stop Secretary Rubio before he dismantles PEPFAR,” said Treatment Action Group’s Kendall Martinez-Wright. “Rubio continues to defy the will of Congress and the American people who want this program restored and repaired. Under his leadership he is diverting funding and trying to eliminate the essential role of technical experts in global HIV and global health, while program performance is flailing.”
District of Columbia
JR.’s hosts meet & greet for mayoral candidate Janeese Lewis George
Event organized by Capital Stonewall Democrats, Queers for Janeese
D.C. mayoral candidate Janeese Lewis George spoke to a crowd of LGBTQ supporters on June 1 at a meet & greet event held at JR.’s on 17th Street in the Dupont Circle neighborhood.
The event, organized by Capital Stonewall Democrats, which has endorsed Lewis George for mayor, with support from a group called Queers for Janeese, was followed by a “get out the vote” canvassing endeavor in which several of those attending the meet & greet visited the homes of nearby residents known to be Lewis George supporters.
The purpose of the canvassing was to remind Lewis George supporters to return their mail-in ballots or go to the polls on June 16 to elect Lewis George as the city’s next mayor, according to Matthew Kavanagh, one of the leaders of Queers for Janeese who attended the meet & greet event at JR.’s.
Local political observers consider Lewis George, a Ward 4 D.C. Council member, and former At-Large D.C. Council member Kenyan McDuffie, to be the two leading candidates in this year’s race for mayor. The two are among seven mayoral candidates competing in the city’s June 16 Democratic primary.
Lewis George told those attending the meet & greet, which was held on the JR.’s outdoor patio, that she has a long record of advocating for and initiating city polices and laws in support of the LGBTQ community. She said large corporate donors were backing her opponents and urged her LGBTQ supporters to help raise funds for her in the remaining days of the campaign.
Among those attending the meet & greet was gay longtime Dupont Circle civic activist Randy Downs who last November opened a nearby eatery called Protest Pizza. “I am queer and I am a Janeese supporter,” Downs told the Blade.
Stevie McCarty, president of Capital Stonewall Democrats, who also spoke at the meet & greet event, said his group would organize events in support of Lewis George in the remaining days of the campaign. Among them, he said, was an LGBTQ bar crawl in which supporters of Lewis George, including the candidate herself, would visit LGBTQ bars to promote her candidacy.
Virginians for Marriage Equality on Monday launched a campaign in support of repealing Virginia’s constitutional amendment that defines marriage as between a man and a woman.
Equality Virginia Executive Director Narissa Rahaman, former state Sen. Adam Ebbin, former state Del. Mark Sickles, and American Civil Liberties Union of Virginia Executive Director Mary Bauer are among those who spoke at the launch that took place in Richmond. State Del. Kirk McPike (D-Alexandria), who co-chairs the campaign, also participated.
“This amendment is about making clear that the government has no business deciding which marriages or which families are worthy of recognition,” said Bauer. “The ACLU of Virginia has been fighting for Virginians’ right to marry who they love since the landmark case, Loving v. Virginia, which struck down the ban on interracial marriage. Now we are proud to carry that legacy forward by standing with our coalition partners in the fight to pass this amendment and finally enshrine the right to marriage equality in the commonwealth’s constitution.”
Voters in 2006 approved the Marshall-Newman Amendment.
Same-sex couples have been able to legally marry in Virginia since 2014. Former Gov. Glenn Youngkin, who is a Republican, in 2024 signed a bill that codified marriage equality in state law.
Two successive legislatures must approve a proposed constitutional amendment before it can go to the ballot.
Democratic Gov. Abigail Spanberger in February signed a bill that finalized the referendum’s language.
The referendum will take place on Nov. 3.
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