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
Two very different views of the State of the Union
As Trump delivered his SOTU address inside the Capitol, Democratic lawmakers gathered outside in protest, condemning the administration’s harmful policies.
As President Donald Trump delivered his State of the Union address inside the U.S. Capitol — touting his achievements and targeting political enemies — progressive members of Congress gathered just outside in protest.
Their message was blunt: For many Americans, particularly LGBTQ people, the country is not better off.
Each year, as required by Article II, Section 3 of the Constitution, the president must “give to the Congress Information of the State of the Union.” The annual address is meant to outline accomplishments and preview the year ahead. This year, Trump delivered the longest State of the Union in U.S. history, clocking in at one hour and 48 minutes. He spoke about immigration, his “law and order” domestic agenda, his “peace through strength” foreign policy doctrine, and what he framed as the left’s ‘culture wars’ — especially those involving transgender youth and Christian values.
But one year into what he has called the “Trump 2.0” era, the picture painted outside the Capitol stood in stark contrast to the one described inside.
Transgender youth
In one of the most pointed moments of his speech, Trump spotlighted Sage Blair, using her story to portray gender-affirming care as coercive and dangerous. Framing the issue as one of parental rights and government overreach, he told lawmakers and viewers:
“In the gallery tonight are Sage Blair and her mother, Michelle. In 2021, Sage was 14 when school officials in Virginia sought to socially transition her to a new gender, treating her as a boy and hiding it from her parents. Hard to believe, isn’t it? Before long, a confused Sage ran away from home.
“After she was found in a horrific situation in Maryland, a left-wing judge refused to return Sage to her parents because they did not immediately state that their daughter was their son. Sage was thrown into an all-boys state home and suffered terribly for a long time. But today, all of that is behind them because Sage is a proud and wonderful young woman with a full ride scholarship to Liberty University.
“Sage and Michelle, please stand up. And thank you for your great bravery and who can believe that we’re even speaking about things like this. Fifteen years ago, if somebody was up here and said that, they’d say, what’s wrong with him? But now we have to say it because it’s going on all over, numerous states, without even telling the parents.
“But surely, we can all agree no state can be allowed to rip children from their parents’ arms and transition them to a new gender against the parents’ will. Who would believe that we’ve been talking about that? We must ban it and we must ban it immediately. Look, nobody stands up. These people are crazy. I’m telling you, they’re crazy.”
The story, presented as encapsulation of a national crisis, became the foundation for Trump’s renewed call to ban gender-affirming care. LGBTQ advocates — and those familiar with Blair’s story — argue that the situation was far more complex than described and that using a single anecdote to justify sweeping federal restrictions places transgender people, particularly youth, at greater risk.
Equality Virginia said the president’s remarks were part of a broader effort to strip transgender Americans of access to care. In a statement to the Blade, the group said:
“Tonight, the president is choosing to double down on efforts to disrupt access to evidence-based, lifesaving care.
“Rather than allowing families and doctors to navigate deeply personal medical decisions free from federal interference — or allowing schools to respond with nuance and compassion without putting marginalized children at risk — the president is instead advocating for reckless, one-size-fits-all political control.
“At a time when Virginians are worried about rising costs, economic uncertainty, and aggressive immigration enforcement actions disrupting communities and families, attacking transgender young people is a blatant political distraction from the real challenges facing our nation. Virginia families and health care providers do not need Donald Trump telling them what care they do or do not need.”
For many in the LGBTQ community, the rhetoric inside the chamber echoed actions already taken by the administration.
Earlier this month, the Pride flag was removed from the Stonewall National Monument under a National Park Service directive that came from the top. Community members returned to the site, raised the flag again, and filed suit, arguing the removal violated federal law. To advocates, the move was symbolic — a signal that even the legacy of LGBTQ resistance was not immune.
Immigration and fear
Immigration dominated both events as well.
Inside the chamber, Trump boasted about the hundreds of thousands of immigrants detained in makeshift facilities. Outside, Democratic lawmakers described those same facilities as concentration camps and detailed what they characterized as the human toll of the administration’s enforcement policies.
Sen. Ed Markey (D-Mass.), speaking to the crowd, painted a grim picture of communities living in fear:
“People are vanishing into thin air. Quiet mornings are punctuated by jarring violence. Students are assaulted by ICE agents sitting outside the high school, hard working residents are torn from their vehicles in front of their children. Families, hopelessly search for signs of their loved ones who have stopped answering their phones, stop replying to text… This is un-American, it is illegal, it is unconstitutional, and the people are going to rise up and fight for Gladys Vega and all of those poor people who today need to know that the people’s State of the Union is the beginning of a long fight that is going to result in the end of Republican control of the House of Representatives and the Senate in the United States of America in 2026.”
Speakers emphasized that LGBTQ immigrants are often especially vulnerable — fleeing persecution abroad only to face detention and uncertainty in the United States. For them, the immigration crackdown and the attacks on transgender health care are not separate battles but intertwined fronts in a broader cultural and political war.
Queer leadership

After delivering remarks alongside Robert Garcia, Kelley Robinson, president of the Human Rights Campaign, took the stage and transformed the freezing crowd’s anger into resolve.
Garcia later told the Blade that visibility matters in moments like this — especially when LGBTQ rights are under direct attack.
“We should be crystal clear about right now what is happening in our country,” Garcia said. “We have a president who is leading the single largest government cover up in modern history, we have the single largest sex trafficking ring in modern history right now being covered up by Donald Trump and Pam Bondi In the Department of Justice. Why are we protecting powerful, wealthy men who have abused and raped women and children in this country? Why is our government protecting these men at this very moment? In my place at the Capitol is a woman named Annie farmer. Annie and her sister Maria, both endured horrific abuse by Jeffrey Epstein and Ghislaine Maxwell. As we move forward in this investigation, always center the survivors; we are going to get justice for the survivors. And Donald Trump may call this investigation a hoax. He may try to deflect our work, but our message to him is very clear that our investigation is just getting started, and we will we will get justice for these survivors.”
He told the Blade afterwards that having queer leaders front and center is itself an act of resistance.
“I obviously was very honored to speak with Kelley,” the California representative said. Kelley is doing a great job…it’s important that there are queer voices, trans voices, gay voices, in protest, and I think she’s a great example of that. It’s important to remind the country that the rights of our community continue to be attacked, and then we’ve got to stand up. Got to stand up for this as well.”
Robinson echoed that call, urging LGBTQ Americans — especially young people — not to lose hope despite the administration’s escalating rhetoric.
“There are hundreds of thousands of people that are standing up for you every single day that will not relent and will not give an inch until every member of our community is protected, especially our kids, especially our trans and queer kids. I just hope that the power of millions of voices drowns out that one loud one, because that’s really what I want folks to see at HRC. We’ve got 3.6 million members that are mobilizing to support our community every single day, 75 million equality voters, people that decide who they’re going to vote for based on issues related to our community. Our job is to make sure that all those people stand up so that those kids can see us and hear our voices, because we’re going to be what stands in the way.”
A boycott — and a warning
The list of Democratic lawmakers who boycotted the State of the Union included Sens. Ruben Gallego, Ed Markey, Jeff Merkley, Chris Murphy, Adam Schiff, Tina Smith, and Chris Van Hollen, along with dozens of House members.
For those gathered outside — and for viewers watching the livestream hosted by MoveOn — the counter-programming was not merely symbolic. It was a warning.
While the president spoke of strength and success inside the chamber, LGBTQ Americans — particularly transgender youth — were once again cast as political targets. And outside the Capitol, lawmakers and advocates made clear that the fight over their rights is far from over.

U.S. Military/Pentagon
4th Circuit rules against discharged service members with HIV
Judges overturned lower court ruling
A federal appeals court on Wednesday reversed a lower court ruling that struck down the Pentagon’s ban on people with HIV enlisting in the military.
The conservative three-judge panel on the 4th U.S. Circuit Court of Appeals overturned a 2024 ruling that had declared the Defense Department and Army policies barring all people living with HIV from military service unconstitutional.
The 4th Circuit, which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia, held that the military has a “rational basis” for maintaining medical standards that categorically exclude people living with HIV from enlisting, even those with undetectable viral loads — meaning their viral levels are so low that they cannot transmit the virus and can perform all duties without health limitations.
This decision could have implications for other federal circuits dealing with HIV discrimination cases, as well as for nationwide military policy.
The case, Wilkins v. Hegseth, was filed in November 2022 by Lambda Legal and other HIV advocacy groups on behalf of three individual plaintiffs who could not enlist or re-enlist based on their HIV status, as well as the organizational plaintiff Minority Veterans of America.
The plaintiffs include a transgender woman who was honorably discharged from the Army for being HIV-positive, a gay man who was in the Georgia National Guard but cannot join the Army, and a cisgender woman who cannot enlist in the Army because she has HIV, along with the advocacy organization Minority Veterans of America.
Isaiah Wilkins, the gay man, was separated from the Army Reserves and disenrolled from the U.S. Military Academy Preparatory School after testing positive for HIV. His legal counsel argued that the military’s policy violates his equal protection rights under the Fifth Amendment’s Due Process Clause.
In August 2024, a U.S. District Court sided with Wilkins, forcing the military to remove the policy barring all people living with HIV from joining the U.S. Armed Services. The court cited that this policy — and ones like it that discriminate based on HIV status — are “irrational, arbitrary, and capricious” and “contribute to the ongoing stigma surrounding HIV-positive individuals while actively hampering the military’s own recruitment goals.”
The Pentagon appealed the decision, seeking to reinstate the ban, and succeeded with Wednesday’s court ruling.
Judge Paul V. Niemeyer, one of the three-judge panel nominated to the 4th Circuit by President George H. W. Bush, wrote in his judicial opinion that the military is “a specialized society separate from civilian society,” and that the military’s “professional judgments in this case [are] reasonably related to its military mission,” and thus “we conclude that the plaintiffs’ claims fail as a matter of law.”
“We are deeply disappointed that the 4th Circuit has chosen to uphold discrimination over medical reality,” said Gregory Nevins, senior counsel and employment fairness project director for Lambda Legal. “Modern science has unequivocally shown that HIV is a chronic, treatable condition. People with undetectable viral loads can deploy anywhere, perform all duties without limitation, and pose no transmission risk to others. This ruling ignores decades of medical advancement and the proven ability of people living with HIV to serve with distinction.”
“As both the 4th Circuit and the district court previously held, deference to the military does not extend to irrational decision-making,” said Scott Schoettes, who argued the case on appeal. “Today, servicemembers living with HIV are performing all kinds of roles in the military and are fully deployable into combat. Denying others the opportunity to join their ranks is just as irrational as the military’s former policy.”
New York
Lawsuit to restore Stonewall Pride flag filed
Lambda Legal, Washington Litigation Group brought case in federal court
Lambda Legal and Washington Litigation Group filed a lawsuit on Tuesday, challenging the Trump-Vance administration’s removal of the Pride flag from the Stonewall National Monument in New York earlier this month.
The suit, filed in the U.S. District Court for the Southern District of New York, asks the court to rule the removal of the Pride flag at the Stonewall National Monument is unconstitutional under the Administrative Procedures Act — and demands it be restored.
The National Park Service issued a memorandum on Jan. 21 restricting the flags that are allowed to fly at National Parks. The directive was signed by Trump-appointed National Park Service Acting Director Jessica Bowron.
“Current Department of the Interior policy provides that the National Park Service may only fly the U.S. flag, Department of the Interior flags, and the Prisoner of War/Missing in Action flag on flagpoles and public display points,” the letter from the National Park Service reads. “The policy allows limited exceptions, permitting non-agency flags when they serve an official purpose.”
That “official purpose” is the grounds on which Lambda Legal and the Washington Litigation Group are hoping a judge will agree with them — that the Pride flag at the Stonewall National Monument, the birthplace of LGBTQ rights movement in the U.S., is justified to fly there.
The plaintiffs include the Gilbert Baker Foundation, Charles Beal, Village Preservation, and Equality New York.
The defendants include Interior Secretary Doug Burgum; Bowron; and Amy Sebring, the Superintendent of Manhattan Sites for the National Park Service.
“The government’s decision is deeply disturbing and is just the latest example of the Trump administration targeting the LGBTQ+ community. The Park Service’s policies permit flying flags that provide historical context at monuments,” said Alexander Kristofcak, a lawyer with the Washington Litigation Group, which is lead counsel for plaintiffs. “That is precisely what the Pride flag does. It provides important context for a monument that honors a watershed moment in LGBTQ+ history. At best, the government misread its regulations. At worst, the government singled out the LGBTQ+ community. Either way, its actions are unlawful.”
“Stonewall is the birthplace of the modern LGBTQ+ rights movement,” said Beal, the president of the Gilbert Baker Foundation. The foundation’s mission is to protect and extend the legacy of Gilbert Baker, the creator of the Pride flag.
“The Pride flag is recognized globally as a symbol of hope and liberation for the LGBTQ+ community, whose efforts and resistance define this monument. Removing it would, in fact, erase its history and the voices Stonewall honors,” Beal added.
The APA was first enacted in 1946 following President Franklin D. Roosevelt’s creation of multiple new government agencies under the New Deal. As these agencies began to find their footing, Congress grew increasingly worried that the expanding powers these autonomous federal agencies possessed might grow too large without regulation.
The 79th Congress passed legislation to minimize the scope of these new agencies — and to give them guardrails for their work. In the APA, there are four outlined goals: 1) to require agencies to keep the public informed of their organization, procedures, and rules; 2) to provide for public participation in the rule-making process, for instance through public commenting; 3) to establish uniform standards for the conduct of formal rule-making and adjudication; and 4) to define the scope of judicial review.
In layman’s terms, the APA was designed “to avoid dictatorship and central planning,” as George Shepherd wrote in the Northwestern Law Review in 1996, explaining its function.
Lambda Legal and the Washington Litigation Group are arguing that not only is the flag justified to fly at the Stonewall National Monument, making the directive obsolete, but also that the National Park Service violated the APA by bypassing the second element outlined in the law.
“The Pride flag at the Stonewall National Monument honors the history of the fight for LGBTQ+ liberation. It is an integral part of the story this site was created to tell,” said Lambda Legal Chief Legal Advocacy Officer Douglas F. Curtis in a statement. “Its removal continues the Trump administration’s disregard for what the law actually requires in their endless campaign to target our community for erasure and we will not let it stand.”
The Washington Blade reached out to the NPS for comment, and received no response.
