National
Internal emails reveal questions, confusion on Trump religious freedom directive
Labor Department guidance seen to enable anti-LGBTQ discrimination
Emails obtained by the Washington Blade through a FOIA lawsuit reveal officials in the Trump administration’s Labor Department were mired in questions and confusion about a 2018 religious freedom directive to comply with the U.S. Supreme Court’s decision in the Masterpiece Cakeshop case.
Befuddlement and inquiries from business leaders, lawmakers, and media as well as progressive and conservative advocates alike reflect the criticism of the Labor Department’s religious freedom directive as a means to enable anti-LGBTQ discrimination.
A 2018 Blade story on the religious freedom directive, titled “New Trump administration memo on Obama order alarms LGBT advocates,” was circulated in an email chain among officials within the Office of Federal Contract Compliance. One of the top officials in that office, Christopher Seely, recognized the predictable impact the directive would have by writing in response to the Blade article: “It is not surprising that the LGBT community sees the directive as targeting them.”

The Masterpiece Cakeshop directive, as of now, is still in place, a Labor Department spokesperson confirmed for the Blade on Wednesday. However, the Biden administration has issued a proposed notice to rescind the rule implementing the legal requirements regarding the Equal Opportunity clause’s religious exemption.
The proposed rule, the Labor Department spokesperson said, is at the White House Office of Information & Regulatory Affairs pending review and will be published when that is concluded, which will lead to a public comment period and additional steps to make the rule final.
As reported by the Blade in August 2018, the Labor Department guidance purported to “incorporate recent developments in the law regarding religion-exercising organizations and individuals” with the enforcement of the executive order signed by former President Obama in 2014 barring federal contractors from engaging in discrimination against LGBTQ people in the workplace.
The imprint of former President Trump’s executive orders on religious freedom, which critics said were a means to allow federal grantees and contractors to engage in anti-LGBTQ discrimination, is also seen in the directive. It says that guidance has “similarly reminded the federal government of its duty to protect religious exercise — and not to impede it.”
All in all, the instructions seems aimed at allowing religiously affiliated non-profits to discriminate against LGBTQ workers despite Obama’s executive order prohibiting such bias in employment. Previously, religious non-profits, including religious schools and universities, were required to abide by the executive order and received no religious exemption.
The Washington Blade obtained the internal emails as a result of a lawsuit filed in September 2020 under the Freedom of Information Act with attorneys from the Reporters Committee for the Freedom of the Press, which sought communications within OFCCP to uncover information about the motivation behind the rule change in religious freedom. The Labor Department continues to produce emails to the Blade as a result of the ongoing litigation.
Labor Department officials appear to have anticipated the confusion and flurry of questions they would receive over the 2018 religious freedom directive. One email chain details discussions on a proposed email to stakeholders for when the guidance would be issued. The actual talking points are redacted in the email obtained by the Blade. Craig Leen, then director at OFFCP, concludes after the discussion: “[W]e are planning to proceed tomorrow.”
Among the emails obtained through this lawsuit were several from LGBTQ advocates questioning officials within the Labor Department on the 2018 Masterpiece Cakeshop directive, including representatives from the American Civil Liberties Union and the National Center for Transgender Equality and one separate FOIA request that appears to have come from the Center for American Progress.
One email chain discusses a FOIA request — identified as “Gruberg 865067,” which is presumably from Sharita Gruberg, vice president of LGBTQ research and communications at the Center for American Progress — seeking the number of requests made by federal contractors for a religious freedom exemption under Obama’s executive order. (Gruberg wasn’t available to comment by Blade deadline to confirm she was the one to make that FOIA request.)
A Labor Department official in the email chain describes the request as the “first FOIA request making inquiry as to whether or not a religious exemption has been requested since the directive was issued.” Another official responds, “I am not aware of one,” although it’s unclear from the email chain whether or not it was in response to the question about any federal contractors seeking a religious exemption or knowledge of any other FOIA requests on the directive.
But another email chain, one with officials preparing for a meeting with Democrats on the Senate Health, Education, Labor & Pensions Committee, reveals the absence of any complaints from religious freedom non-profits in complying with Obama’s executive order against anti-LGBTQ discrimination.
One Labor Department official asks for the number of reviews of religious organizations and the number of complaints received from religious organizations. A detailed chart from another official reveals a total of 11 reviews between fiscal years 2007 and 2016 with an average of about one per year. However, the official concludes in terms of complaints: “There were no complaint investigations.”
Marika Litras, an official within the Labor Department responds: “Very few which is what I suspected.” In response to a follow-up question from Litras on whether any complaints were received, the other official responds, “No complaints received either for 813110.” Litras replies: “Wow interesting thank you.”
Another top OFFCP official, John Haymaker, chimes in with a response uncharacteristically glib for government officials, but revealing of the basic understanding of the fairness of adhering to non-discrimination principles: “Well, I would hope that religious organizations would be better-behaved than most at least in public.”

The Labor Department’s internal responses to an ACLU inquiry in September 2018 are found in a separate email chain, which reveals a meeting scheduled for Sept. 17, 2018 between Ian Thompson, legislative director of the ACLU, and U.S. government officials on the religious freedom directive. Not much is revealed in the email chain other than talk about the right room to host the meeting.
Thompson, responding Wednesday to a question from the Blade on the email exchange, confirmed the meeting between the ACLU and Labor Department officials took place.
“As we repeatedly saw, the Trump administration had an agenda of using religion as a license to discriminate,” Thompson said. “We used this meeting to speak truth to power directly, raising our objections about how this directive would harm LGBTQ people and people from minority faith groups. Ultimately – as we knew they would – the Trump administration decided to move forward with this dangerous, discriminatory agenda.”
One email from Debra Carr, a Labor Department career official who had been serving director of policy for OFCCP, writing to colleagues about the meeting and discussing possible questions.”Who do you want to take a shot at drafting answers should they be needed?” Carr said. (The possible questions Carr writes, however, are redacted in the email obtained by the Blade.)
Another meeting between LGBTQ advocates and Trump administration officials is revealed to have taken place with the National Center for Transgender Equality taking the lead.
The job of drafting answers apparently went back to Carr. Litras, the other official at the Labor Department, responds: “Debra, can you take a stab at drafting brief responses?”
Carr passes the assignment to Christopher Seeley: “Hi Chris, take a shot at drafting responses to these.” Seeley, in turn, forwarded notice of the assignment to his supervisor, Harvey Fort: “This just came through as an assignment for me. I’m not sure the urgency, but it may eat into my week.” Fort replies: “Understood. That issue is very important to Craig and OFCCP.”
Seeley appears to have come with responses to the potential NCTE questions with a subsequent email to Carr: “Here are the responses I drafted.” (The actual email responses, however, are an attachment and not included in the email dump obtained by the Blade.)
The meeting between Labor Department offices and OFCPP, however, apparently did little if anything to allay the concerns of the transgender group. A subsequent chain includes an email from Ma’ayan Anafi, then policy counsel for the National Center for Transgender Equality, who says she has attached a letter from groups with “grave concerns” about the religious freedom directive.
“Please find attached a letter on behalf of 42 organizations expressing our grave concerns regarding Directive 2018-03, issued to OFCCP staff on August 10,” Anafi writes.
A proposed response to the letter is included in the email chain, although the content of the letter is redacted in the version obtained by Blade. Leen asks colleagues for review, which he said will be sent on OFCCP letterhead and sent to the Office of the Executive Secretariat. NCTE wasn’t immediately available to comment Wednesday on the whether it had obtained the directive and its reaction.
There were also inquiries from social conservative groups, including the Texas-based First Liberty Institute and the House Values Action Team, a group of conservative lawmakers led by Rep. Vicky Hartzler (R-Mo.).
One email from Katie Doherty, executive director of the Values Action Team, suggests possible dates and times for a meeting with Labor Department officials and invites them to brief lawmakers at an upcoming coalition meeting for the purpose of “providing a brief overview of DOL’s changes.”
The meeting appears to have taken place. In a subsequent exchange, a Labor Department official talks about a proposal from social conservatives “regarding their recommendations for implementing Directive 2018-03” as proposed in an email from Mike Berry, deputy general counsel at the First Liberty Institute.
“It was great to meet you and Mr. Leen last week at the House VAT meeting,” Berry writes. “Per our post-meeting discussion, I am sending you a document outlining our proposals for implementing Directive 2018-03. We would be happy to discuss this further, whether with representatives from OFCCP, or via a listening session, etc.”
Leen, in a subsequent email, affirms receipt of the recommendations, but asks his colleague to remind the First Liberty Institute he has little jurisdiction to implement them.
“Please thank Mr. Berry for providing this information and let him know we will review it,” Leen writes. “I am available to meet with him to discuss the directive if he would like. As for the rulemaking process, please let him know we are unable to comment on that, and he will have the opportunity to submit comments in response to a proposed rule.”
Other emails circulated questions on the religious freedom directive from business community groups, including the New York-based Equality Institute and the Center for Workplace Compliance. In addition to the Blade, questions from Buzzfeed are discussed, as well as an article from Bloomberg and a joint letter from Jewish religious leaders objecting to the directive.
Jennifer Pizer, senior counsel and director of strategic initiatives for the LGBTQ group Lamdba Legal, said Wednesday in response to a Blade inquiry on internal talk at the Labor Department the guidance was “just one of the slew of outrageous rule changes the Trump administration issued to greenlight harmful, legally inexcusable religion-based discrimination.
“Such discrimination continues to be widespread in employment as well as in medical and social services delivery, education, and other areas of public life for LGBTQ people and many others,” Pizer said. “And it hits hardest those who have limited options.”
Federal Government
Holiday week brings setbacks for Trump-Vance trans agenda
Federal courts begin to deliver end-of-year responses to lawsuits involving federal transgender healthcare policy.
While many Americans took the week of Christmas to rest and relax, LGBTQ politics in the U.S. continued to shift. This week’s short recap of federal updates highlights two major blows to the Trump-Vance administration’s efforts to restrict gender-affirming care for minors.
19 states sue RFK Jr. to end gender-affirming care ban
New York Attorney General Letitia James announced on Tuesday that the NYAG’s office, along with 18 other states (and the District of Columbia), filed a lawsuit to stop U.S. Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. from restricting gender-affirming care for minors.
In the press release, Attorney General James stressed that the push by the Trump-Vance administration’s crusade against the transgender community — specifically transgender youth — is a “clear overreach by the federal government” and relies on conservative and medically unvalidated practices to “punish providers who adhere to well-established, evidence-based care” that support gender-affirming care.
“At the core of this so-called declaration are real people: young people who need care, parents trying to support their children, and doctors who are simply following the best medical evidence available,” said Attorney General James. “Secretary Kennedy cannot unilaterally change medical standards by posting a document online, and no one should lose access to medically necessary health care because their federal government tried to interfere in decisions that belong in doctors’ offices. My office will always stand up for New Yorkers’ health, dignity, and right to make medical decisions free from intimidation.”
The lawsuit is a direct response to HHS’ Dec. 18 announcement that it will pursue regulatory changes that would make gender-affirming health care for transgender children more difficult, if not impossible, to access. It would also restrict federal funding for any hospital that does not comply with the directive. KFF, an independent source for health policy research, polling, and journalism, found that in 2023 federal funding covered nearly 45% of total spending on hospital care in the U.S.
The HHS directive stems directly from President Donald Trump’s Jan. 28 Executive Order, Protecting Children From Chemical and Surgical Mutilation, which formally establishes U.S. opposition to gender-affirming care and pledges to end federal funding for such treatments.
The American Medical Association, the nation’s largest and most influential physician organization, has repeatedly opposed measures like the one pushed by President Trump’s administration that restrict access to trans health care.
“The AMA supports public and private health insurance coverage for treatment of gender dysphoria and opposes the denial of health insurance based on sexual orientation or gender identity,” a statement on the AMA’s website reads. “Improving access to gender-affirming care is an important means of improving health outcomes for the transgender population.”
The lawsuit also names Oregon, Washington, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, Pennsylvania, Rhode Island, Vermont, and Wisconsin as having joined New York in the push against restricting gender-affirming care.
At the HHS news conference last Thursday, Jim O’Neill, deputy secretary of the department, asserted, “Men are men. Men can never become women. Women are women. Women can never become men.”
DOJ stopped from gaining health care records of trans youth
U.S. District Judge Cathy Bissoon blocked an attempt by the Department of Justice (DOJ) to gain “personally identifiable information about those minor transgender patients” from the University of Pittsburgh Medical Center (UPMC), saying the DOJ’s efforts “fly in the face of the Supreme Court.”
Journalist Chris Geidner originally reported the news on Dec. 25, highlighting that the Western District of Pennsylvania judge’s decision is a major blow to the Trump-Vance administration’s agenda to curtail transgender rights.
“[T]his Court joins the others in finding that the government’s demand for deeply private and personal patient information carries more than a whiff of ill intent,” Bissoon wrote in her ruling. “This is apparent from its rhetoric.”
Bissoon cited the DOJ’s “incendiary characterization” of trans youth care on the DOJ website as proof, which calls the practice politically motivated rather than medically sound and seeks to “…mutilate children in the service of a warped ideology.” This is despite the fact that a majority of gender-affirming care has nothing to do with surgery.
In United States v. Skrmetti, the Supreme Court ruled along party lines that states — namely Tennessee — have the right to pass legislation that can prohibit certain medical treatments for transgender minors, saying the law is not subject to heightened scrutiny under the Equal Protection Clause of the Fourteenth Amendment because it does not involve suspect categories like race, national origin, alienage, and religion, which would require the government to show the law serves a compelling interest and is narrowly tailored, sending decision-making power back to the states.
“The government cannot pick and choose the aspects of Skrmetti to honor, and which to ignore,” Judge Bissoon added.
The government argued unsuccessfully that the parents of the children whose records would have been made available to the DOJ “lacked standing” because the subpoena was directed at UPMC and that they did not respond in a timely manner. Bissoon rejected the timeliness argument in particular as “disingenuous.”
Bissoon, who was nominated to the bench by then-President Obama, is at least the fourth judge to reject the DOJ’s attempted intrusion into the health care of trans youth according to Geidner.
A Wider Bridge on Friday announced it will shut down at the end of the month.
The group that “mobilizes the LGBTQ community to fight antisemitism and support Israel and its LGBTQ community” in a letter to supporters said financial challenges prompted the decision.
“After 15 years of building bridges between LGBTQ communities in North America and Israel, A Wider Bridge has made the difficult decision to wind down operations as of Dec. 31, 2025,” it reads.
“This decision comes after challenging financial realities despite our best efforts to secure sustainable funding. We deeply appreciate our supporters and partners who made this work possible.”
Arthur Slepian founded A Wider Bridge in 2010.
The organization in 2016 organized a reception at the National LGBTQ Task Force’s Creating Change Conference in Chicago that was to have featured to Israeli activists. More than 200 people who protested against A Wider Bridge forced the event’s cancellation.
A Wider Bridge in 2024 urged the Capital Pride Alliance and other Pride organizers to ensure Jewish people can safely participate in their events in response to an increase in antisemitic attacks after Hamas militants attacked Israel on Oct. 7, 2023.
The Jewish Telegraphic Agency reported authorities in Vermont late last year charged Ethan Felson, who was A Wider Bridge’s then-executive director, with lewd and lascivious conduct after alleged sexual misconduct against a museum employee. Rabbi Denise Eger succeeded Felson as A Wider Bridge’s interim executive director.
A Wider Bridge in June honored U.S. Rep. Debbie Wasserman Schultz (D-Fla.) at its Pride event that took place at the Capital Jewish Museum in D.C. The event took place 15 days after a gunman killed two Israeli Embassy employees — Yaron Lischinsky and Sarah Milgrim — as they were leaving an event at the museum.
“Though we are winding down, this is not a time to back down. We recognize the deep importance of our mission and work amid attacks on Jewish people and LGBTQ people – and LGBTQ Jews at the intersection,” said A Wider Bridge in its letter. “Our board members remain committed to showing up in their individual capacities to represent queer Jews across diverse spaces — and we know our partners and supporters will continue to do the same.”
Editor’s note: Washington Blade International News Editor Michael K. Lavers traveled to Israel and Palestine with A Wider Bridge in 2016.
The White House
‘Trump Rx’ plan includes sharp cuts to HIV drug prices
President made announcement on Friday
President Donald Trump met with leaders from some of the world’s largest pharmaceutical companies at the White House on Friday to announce his new “Trump Rx” plan and outline efforts to reduce medication costs for Americans.
During the roughly 47-minute meeting in the Roosevelt Room, Trump detailed his administration’s efforts to cut prescription drug prices and make medications more affordable for U.S. patients.
“Starting next year, American drug prices will come down fast, furious, and will soon be among the lowest in the developed world,” Trump said during the meeting. “For decades, Americans have been forced to pay the highest prices in the world for prescription drugs by far … We will get the lowest price of anyone in the world.”
Trump signed an executive order in May directing his administration “to do everything in its power to slash prescription drug prices for Americans while getting other countries to pay more.”
“This represents the greatest victory for patient affordability in the history of American health care, by far, and every single American will benefit,” he added.
Several pharmaceutical executives stood behind the president during the announcement, including Sanofi CEO Paul Hudson, Novartis CEO Vas Narasimhan, Genentech CEO Ashley Magargee, Boehringer Ingelheim (USA) CEO Jean-Michel Boers, Gilead Sciences CEO Dan O’Day, Bristol Myers Squibb General Counsel Cari Gallman, GSK CEO Emma Walmsley, Merck CEO Robert Davis, and Amgen Executive Vice President Peter Griffith.
Also in attendance were Health and Human Services Secretary Robert F. Kennedy Jr., Commerce Secretary Howard Lutnick, Centers for Medicare and Medicaid Services Administrator Mehmet Oz, and Food and Drug Administration Commissioner Marty Makary.
Under the Trump Rx plan, the administration outlined a series of proposed drug price changes across multiple companies and therapeutic areas. Among them were reductions for Amgen’s cholesterol-lowering drug repatha from $573 to $239; Bristol Myers Squibb’s HIV medication reyataz from $1,449 to $217; Boehringer Ingelheim’s type 2 diabetes medication jentadueto from $525 to $55; Genentech’s flu medication xofluza from $168 to $50; and Gilead Sciences’ hepatitis C medication epclusa from $24,920 to $2,425.
Additional reductions included several GSK inhalers — such as the asthma inhaler advair diskus 500/50, from $265 to $89 — Merck’s diabetes medication januvia from $330 to $100, Novartis’ multiple sclerosis medication mayzent from $9,987 to $1,137, and Sanofi’s blood thinner plavix from $756 to $16. Sanofi insulin products would also be capped at $35 per month’s supply.
These prices, however, would only be available to patients who purchase medications directly through TrumpRx. According to the program’s website, TrumpRx “connects patients directly with the best prices, increasing transparency, and cutting out costly third-party markups.”
Kennedy spoke after Trump, thanking the president for efforts to lower pharmaceutical costs in the U.S., where evidence has shown that drug prices — including both brand-name and generic medications — are nearly 2.78 times higher than prices in comparable countries. According to the Pharmaceutical Research and Manufacturers of America, roughly half of every dollar spent on brand-name drugs goes to entities that play no role in their research, development, or manufacturing.
“This is affordability in action,” Kennedy said. “We are reversing that trend and making sure that Americans can afford to get the life-saving solutions.”
Gilead CEO Dan O’Day also spoke about how the restructuring of drug costs under TrumpRx, combined with emerging technologies, could help reduce HIV transmission — a virus that, if untreated, can progress to AIDS. The LGBTQ community remains disproportionately affected by HIV.
“Thank you, Mr. President — you and the administration,” O’Day said. “I think this objective of achieving the commitment to affordability and future innovation is extraordinary … We just recently launched a new medicine that’s only given twice a year to prevent HIV, and we’re working with Secretary Kennedy and his entire team, as well as the State Department, as a part of your strategy to support ending the epidemic during your term.
“I’ve never been more optimistic about the innovation that exists across these companies and the impact this could have on America’s health and economy,” he added.
Trump interjected, asking, “And that’s working well with HIV?”
“Yes,” O’Day replied.
“It’s a big event,” Trump said.
“It literally prevents HIV almost 100 percent given twice a year,” O’Day responded.
A similar anti-HIV medication is currently prescribed more than injectable form mentioned by O’Day. PrEP, is a medication regimen proven to significantly reduce HIV infection rates for people at high risk. Without insurance, brand-name Truvada can cost roughly $2,000 per month, while a generic version costs about $60 per month.
Even when medication prices are reduced, PrEP access carries additional costs, including clinic and laboratory fees, office visits, required HIV and sexually transmitted infection testing, adherence services and counseling, and outreach to potentially eligible patients and providers.
According to a 2022 study, the annual total cost per person for PrEP — including medication and required clinical and laboratory monitoring — is approximately $12,000 to $13,000 per year.
The TrumpRx federal platform website is now live at TrumpRx.gov, but the program is not slated to begin offering reduced drug prices until January.
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