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U.S. agency to Congress: Pass law against LGBT workplace discrimination

U.S. Commission on Civil Rights details history of anti-LGBT discrimination

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ENDA, Employment Non-Discimination Act, GetEQUAL, U.S. Capitol, gay news, Washington Blade
GetEQUAL, Employment Non-Discrimination Act, ENDA, gay news, Washington Blade, LGBT workers

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.

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Congress

Lindsey Graham dies at 71

Republican SC senator passed away ‘from a brief and sudden illness’ on Saturday

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U.S. Sen. Lindsey Graham (R-S.C.) at now former Attorney General Pam Bondi's 2025 confirmation hearing. (Washington Blade photo by Michael Key)

U.S. Sen. Lindsey Graham (R-S.C.) died suddenly on Saturday.

The South Carolina Republican’s office in a statement said Graham, 71, “passed away from a brief and sudden illness.” The Washington Post reported first responders responded to Graham’s Washington home on Saturday and transported him to a local hospital.  

Graham had been in the U.S. Senate since 2002.  

The close Trump ally was running for re-election. Graham died a day after he returned to the U.S. from Ukraine.

Speculation over Graham’s sexual orientation persisted during his tenure.

The Washington Blade will update this story.

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District of Columbia

Campaign launched to elect more LGBTQ candidates to ANC seats  

Capital Stonewall Democrats behind Queering ANCs effort

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Voters wait in line outside the Stead Park Recreation Center in Dupont Circle on Nov. 5, 2024. Capital Stonewall Democrats has launched a campaign to get more LGBTQ people elected to D.C.'s Advisory Neighborhood Commissions. (Washington Blade photo by Michael K. Lavers)

The Capital Stonewall Democrats, D.C.’s largest local LGBTQ political group, announced on July 7 it has launched a campaign to help elect large numbers of LGBTQ candidates to the city’s Advisory Neighborhood Commissions.

The D.C. local government is believed to be unique among U.S. cities in currently having 46 Advisory Neighborhood Commissions consisting of 345 single-member districts in neighborhoods throughout the city in which unpaid Advisory Neighborhood Commissioners are elected for two-year terms.

The commissions are charged with considering a wide range of policies and programs impacting their neighborhoods, including traffic, parking, recreation, street improvements, liquor licenses, zoning, economic development, police protection, sanitation and trash collection, and D.C.’s annual budget, according to the ANC website.

Although the ANCs do not have authority to set or reject policies or proposals, such as applications for liquor licenses, city agencies are required to give “great weight” to ANC recommendations, according to the law creating the ANCs.

Kent Boese, a gay former ANC commissioner, currently serves as executive director of the D.C. Office of ANCs.

“We are launching the most ambitious hyperlocal LGBTQ+ candidate pipeline initiative in the country,” said Stevie McCarty, the Capital Stonewall Democrats president, in a July 7 statement that announced the Queering ANCs campaign.

“As an ANC member, I know firsthand how these seats shape our neighborhoods, from housing and public safety to sanitation,” McCarty says in the statement. “I’m proud to lead this effort to ensure more LGBTQ+ Washingtonians see themselves as leaders in their communities,” he said.

The ANC Rainbow Caucus, which was created by LGBTQ ANC members, shows on its website that there are currently 38 caucus members consisting of elected LGBTQ ANC commissioners serving in the current 2025-2026 two-year term.  

The website shows there are LGBTQ commissioners who are caucus members in each of the city’s eight wards, with six in Ward 1, eight in Ward 2, one in Ward 3, six in Ward 4, five in Ward 5, three in Ward 6, eight in Ward 7, and one in Ward 8.

The Washington Blade couldn’t immediately determine how many of them will be running for re-election in D.C.’s general election in November. But McCarty said Capital Stonewall Democrats hopes to recruit many more LGBTQ candidates to run for ANC seats.   

The D.C. Board of Elections website shows the deadline for filing 25 required petition signatures to be placed on the ballot is Aug. 5.

A Queering ANCs website launched this week by Capital Stonewall Democrats provides details on how to run for an ANC seat and offers help for those interested in running.

“Think of someone in your building, neighborhood, friend group, community organization, or professional network who cares deeply about D.C. and would make a strong leader,” McCarty says in his statement. “Send them QueeringANCs.org and personally ask them to consider running,” he said.

The website can be accessed at QueeringANCs.org.

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Florida

Gay Fla. Democrat Elijah Manley sees opportunity in Trump’s second term

State’s 20th Congressional District’s includes Broward, Palm Beach Counties

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Elijah Manley (Photo courtesy of the Elijah Manley campaign)

Just over two and a half miles from President Donald Trump’s primary residence lies one of Florida’s most reliably Democratic congressional districts. There, a 27-year-old progressive is mounting a campaign centered on resisting what he calls the Trump-Vance administration’s attacks on civil rights, immigrants, and LGBTQ Americans.

Elijah Manley, an openly gay Democrat, sat down with the Washington Blade to discuss why he is running for Florida’s 20th Congressional District, why he believes this moment calls for a new generation of leadership, and what he hopes to accomplish if elected to Congress.

Born and raised in Fort Lauderdale’s historic Sistrunk neighborhood — the city’s oldest African American community — Manley was raised by a single mother who struggled to make ends meet. His family experienced housing insecurity and, at one point, homelessness, experiences he says continue to shape both his politics and his policy priorities.

For Manley, those experiences are precisely what he believes Congress is missing.

“I think now the country is in need of somebody like me, with my story, my lived experience, the struggles I’ve been through in my life. We’re going through a really dark time in the country with the Trump administration coming for our civil rights and an economy that is not working for everybody. In a time where we have MAGA fascism, we need progressive leadership, and we need people who are really going to do the work of fighting back and resisting and obstructing Donald Trump and MAGA Republicans’ agenda in Congress.”

Manley said his campaign is also about ensuring people from marginalized communities — those without wealth, political connections, or institutional backing — have a voice in Congress.

“I think my story sets me aside from everyone else. I’m the only one in this race who has a story to tell voters that lines up with their lived experiences and their struggles. Growing up in poverty and experiencing homelessness was instrumental in developing my worldview and how I fight for people, and I think that’s something that’s absent on Capitol Hill.”

He argues that lived experience offers a perspective often missing on Capitol Hill.

“There are too many lawyers and people coming from professional and political backgrounds. Then you have somebody like me who is rooted in the story of this district. That’s what sets me apart from everyone else in this race.”

According to his campaign website, Manley’s interest in public service dates back to childhood. He cites the election of President Barack Obama as a defining moment that inspired him to pursue politics.

“He was inspired by Barack Obama’s historic election, igniting his passion for public service. He began writing to elected officials, speaking at school board and city council meetings, and advocating for issues affecting his community,” the website states. It goes on to describe his involvement in criminal justice and law magnet programs, Navy JROTC, and hundreds of hours of volunteer service while in high school.

Elijah Manley (Photo courtesy of the Elijah Manley campaign)

As an openly gay candidate running during Trump’s second administration, Manley said Congress must take a far more aggressive approach to protecting LGBTQ Americans, particularly as Republican-led states continue passing restrictions targeting transgender people.

“I think we need to bring the hammer down on some of these states. I’m not one of these states’ rights people — Congress has the power to preempt laws that states pass through the Supremacy Clause. There’s never been a more important time in our history when we’re seeing fascism, we’re seeing an administration out of control, and we need Congress to act.”

His campaign has also drawn criticism from both Republicans and establishment Democrats for his positions on Gaza, immigration, and his call to abolish U.S. Immigration and Customs Enforcement.

Manley said abolishing ICE does not mean eliminating immigration enforcement altogether.

“I’m not saying there should be no immigration laws. We want laws around immigration, but we want dignity. We don’t need a hypermilitarized, paramilitary group chasing people through the streets, terrorizing communities, churches, schools, and families.”

His personal experiences also inform his healthcare agenda.

“When we talk about healthcare, my experience growing up on Medicaid is seeing the failure of the government to expand Medicaid here in Florida, and now we’re seeing cuts from the Trump administration. I’m not just looking at statistics or numbers on paper — this is based on lived experience. I know how the people in this district are going to be hurt by these policies because I’ve lived it.”

California Democratic Congressman Ro Khanna, who has generated early buzz as a potential 2028 presidential contender for his “progressive capitalist” approach to governing, has endorsed Manley’s campaign, giving the first-time congressional candidate one of his highest-profile endorsements.

Manley faces six other Democrats in the primary, including U.S. Rep. Debbie Wasserman Schultz and former U.S. Rep. Sheila Cherfilus-McCormick, along with four Republican candidates in the general election field. Cherfilus-McCormick resigned from Congress ahead of a potential expulsion and is running again while facing federal criminal charges.

Despite running as the youngest candidate in the field, Manley said he hopes voters leave the race remembering one thing above all else.

“I want people to remember bold and authentic leadership. I want them to know I’m running because I’ve been through what people are going through right now — and it’s not that I’ve been through it, I’m actually still going through it. We need bold people who are going to fight for everybody and stand up for what’s right, and that’s what I hope voters see when they go to the polls.” 

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