Federal Government
HHS official discusses agency’s proposed LGBTQ-inclusive nondiscrimination rule
Proposed regulation change published Tuesday
The U.S. Department of Health and Human Services published a Notice of Proposed Rulemaking on Tuesday for a new regulation that clarifies nondiscrimination rules on the basis of sexual orientation and gender identity.
“The department is doing all that it can to protect access to health and human services,” Melanie Fontes Rainer, director of HHS’s Office of Civil Rights, told the Washington Blade by phone on Tuesday.
“This proposed rule is a step in that effort,” she said.
Health programs administered by the agency are covered by the nondiscrimination rules in Section 1557 of the Affordable Care Act, Fontes Rainer said, so, “This rule is meant to get to that other slice of the pie that encompasses really important work at the Department of Human Services.”
Nondiscrimination, here, is a priority, “specifically nondiscrimination on the basis of sexual orientation and gender identity,” she said.
If finalized pursuant to the 60-day public comment period, HHS’s rule will apply to such programs as those administered by the “Administration for Children and Families, SAMHSA, and some other organizations within HHS that have grants,” Fontes Rainer said.
Examples include Head Start, which provides educational, health, nutritional and other services to low income children and their families.
The agency’s legal authority to enforce inclusive nondiscrimination rules was statutorily ordained by Congress, but clarified with the U.S. Supreme Court’s 2020 ruling in Bostock v. Clayton County, which “made clear that sexual orientation and gender identity were part of this protected sex based discrimination class,” Fontes Rainer said.
The decision helped to accelerate the Biden-Harris administration’s coordination of efforts across the federal government to shore up protections for LGBTQ Americans, she noted, beginning with the Justice Department and then the U.S. Department of Education and HHS.
Those agencies and federal courts have since made clear the law applies not just in the Title VII context — which covers nondiscrimination in employment, the legal question at issue in Bostock — but also “to other federal programs like Title IX,” Fontes Rainer said.
HHS is coordinating efforts with the White House, which last month unveiled a series of new actions to better protect LGBTQ Americans, including through programs administered by HHS, such as those targeting queer youth and their families.
Last June, Fontes Rainer noted, the administration announced that the department’s Administration for Children and Families would pursue a new rule making to “clarify that state child welfare agencies must ensure LGBTQI youth are treated in a safe and appropriate manner.”
The agency’s rule “is inclusive of some grants and services that are inclusive of homelessness services for LGBTQI youth,” Fontes Rainer said. “That’s certainly a part of it. And this grants rule is certainly a part of that effort in the Human Services context.”
“It’s really important right now to have the federal government be strong in the LGBTQI space, whether it’s healthcare, human services or some other service that the federal government provides and [also to] be very clear about what non discrimination means,” she said. “Because, you know, there there is a tsunami of these [anti-trans] healthcare bans across the country.”
According to the Human Rights Campaign, almost 30 percent of transgender youth in the U.S. live in places that have passed bans on gender affirming care, criminalizing healthcare interventions that are backed by every mainstream scientific and medical society.
“We’re seeing a shift right now, where there are a lot of healthcare bans,” Fontes Rainer said. “And, I think, ultimately, these are decisions that are going to be taken into litigation in various contexts, which we’re already seeing across the country.”
Meanwhile, on the federal level, Congressional Republicans are moving to add riders restricting access to healthcare for trans youth into must-pass appropriations bills. Asked to respond to these efforts, Fontes Rainer was quick to note that, “my job is not on the legislative front, here.”
At the same time, she said, when it comes to HHS’s proposed regulation, for “every single program and service we’ve identified, these [nondiscrimination] protections already exist in the law,” so the agency is therefore confident that “we are on good authority and legal footing here.”
While the regulation and its implementation would be new, Fontes Rainer said, HHS is acting under its statutory authority as established long ago by the legislature.
Policy carries real impact on people, families
Last month, HHS hosted a Pride Summit, where officials at the agency from Fontes Rainer to Assistant Secretary Adm. Rachel Levine and Secretary Xavier Becerra, along with other high ranking members of the Biden-Harris administration like White House Press Secretary Karine Jean-Pierre, spoke about the government’s work advancing rights and protections for the LGBTQ community.
At the event, Becerra dedicated a portion of his remarks to recounting discussions he had with LGBTQ families about how his agency can better serve their needs across the various health and human services programs that comprise its book of business.
Fontes Rainer told the Blade she has participated in many of these conversations, with and without the secretary. “I have made a point to visit with providers, advocates, parents and kids, in many of the states that either have passed or are seeking to pass bans on healthcare for trans youth,” she said.
“Every time I have these conversations, I feel emotional afterwards,” she said. “For a lot of these kids and families, you know, they’re not asking for much. They’re asking to go to the doctor. They’re asking to be treated with respect. They’re asking to have the appropriate pronouns used — things that are very basic.”
The circumstances vary, Fontes Rainer said. Some families have the resources to travel or even relocate to states that are committed to protecting their transgender residents’ access to healthcare.
Others, however, do not. Parents, she said, often “don’t know what they’re gonna do as their child is [forcibly] tapered off of medication, mid treatment” and many are unsure how to respond to the resulting impacts on their child’s mental health.
Fontes Rainer said she has also seen the impacts of legislative restrictions on the healthcare system. “I’ve talked to providers who tell me that they provide gender affirming care in a state where it’s not banned and it’s impossible to get appointments now, because they have so many people traveling there,” she said.
“These efforts by the Biden administration, while they don’t solve everything, they’re really important — both in being strong on the policy and what the law means, but also in being very clear to parents and families and doctors that we have your back,” Fontes Rainer said.
“I’ve been in rooms with the secretary where people, providers, you know, hug him and cry,” she said, “because they feel like it’s really important to have somebody that understands the law in this moment, and they feel like it’s important that, you know, from the secretary on up to the president of the United States, they have support from the Biden administration.”
Fontes Rainer told the Blade she is proud of HHS’s legacy of leadership on LGBTQ rights. With a ceremony last year, the agency became the first to raise the Progress Pride flag, which includes colors to represent Black and brown LGBTQ communities and incorporates the stripes of the transgender Pride flag.
“Now, this year, almost every single agency did that,” she said, adding that last month, “my husband and I put up a Pride Unity flag in our yard” too.
“Right now is not the time to be shy,” Fontes Rainer said. “Now is not the time to like go hide in a hole. Now is the time to be loud and vocal and use your power for good.”
Federal Government
41 days and counting: Arizona’s Adelita Grijalva says ‘this has gone way too far’
Representative Adelita Grijalva sits down with the Blade to discuss the Epstein files, transgender rights, and her fight to represent Arizona.
Adelita Grijalva, the recently elected representative from Arizona’s Seventh Congressional District, has already begun making history—without having stepped foot into the Capitol. Grijalva is now officially the longest-delayed member of the House to be sworn in—41 days and counting.
She was elected in a special election on Sept. 23 by a two-to-one margin over her Republican opponent, following the death of her father, Raúl Grijalva, who had represented the district from 2003 until early 2025. The district includes a large portion of Arizona’s southern border with Mexico.
Despite being elected more than 40 days ago, Grijalva has not been given the opportunity to begin her work representing Arizona in the House of Representatives.
Mike Johnson, the Speaker of the House and a representative from Louisiana, has offered several explanations for the delay in swearing in Grijalva—ranging from waiting until all votes were certified in the special election (despite not requiring Republicans who also won special elections to wait) to claiming the House needed to return from recess (despite precedent showing new members are typically sworn in the day after their election, regardless of whether the House is in session). Most recently, Johnson has said Grijalva will not be sworn in until the government reopens.
The Washington Blade sat down with Grijalva to discuss the historic delay in her swearing-in, the importance of protecting transgender rights, book bans, environmental issues, and much more.
While Speaker Johnson has given many explanations for the delay, Grijalva said one stands out above the rest—the Epstein files. She ran on a promise to sign a discharge petition to force a vote for the release of the complete Epstein files, a hypothesized document containing the names of high-profile clients to whom the American financier and convicted child sex offender Jeffrey Epstein trafficked young girls. Her signature on the petition would be the 218th, the minimum number required to force a vote.
“I’ve now broken all the records for speaker obstruction. Nobody else has ever had to wait this long just to represent their constituents… I never received one communication directly from his office,” Grijalva said of Speaker Johnson’s lack of reasoning for the delay. “It seems to me they’re doing everything they can to stop the release of the Epstein files, and I just don’t know what else it could be.”
She added that Johnson’s obstruction isn’t just about her—it’s about the people she was elected to serve.
“We have 812,000 people here in Congressional District 7, and my problem is there’s so much we can’t do,” she said. “So when Speaker Johnson has little side comments to say about what I should and shouldn’t be doing, it’s like—why don’t you do your job so I can do mine?”
For Grijalva, the issue isn’t partisan—it’s about principle. “It shouldn’t matter my party. I won my election fairly and legally, and there’s no reason why my voters should be punished because the Speaker doesn’t like what I stand for,” she said.
She also pointed out the irony that her call for transparency on the Epstein files mirrors one made by Donald Trump himself during his presidential campaign.
“Trump ran on day one, ‘I’m going to release those files,’ and I think he got into office, saw what was in them, and said, ‘Maybe we wait on that,’” she explained. “That’s what I feel is happening now—they’re trying to delay and distract from something that’s going to make a lot of powerful people look bad.”
Still, Grijalva said not all Republicans support Johnson’s decision to keep her from being sworn in. “A couple Republicans have said, ‘Yeah, she should be sworn in. This is crazy.’ I appreciate that—it shouldn’t matter my party. I should be sworn in, period. I think some people on their side know this has gone way too far.”
As the government shutdown drags on, Grijalva said the consequences of congressional inaction are becoming increasingly dire for ordinary Americans.
“Who’s really suffering are the federal workers—people on federal grants, SNAP benefits—who don’t know when they’ll get their next paycheck or how they’ll feed their families,” she said. “These are real-life consequences while they play political games.”
Her frustration over the Epstein files remains steadfast. Grijalva said accountability and transparency must come before politics.
“I don’t care who’s implicated. I don’t care what party they are. If you committed a crime—if you raped children and women—you deserve legal consequences. Survivors deserve transparency and justice so they can begin healing.”
Beyond political accountability, Grijalva also emphasized the urgent need to address environmental degradation—a crisis that hits especially close to home.
“Trump doesn’t care about our environment. If there’s a dollar to be made, he’s going to do it, and he’s not thinking about the long-term consequences for people who actually have to live with the damage,” she said.
The Trump-Vance administration has rolled back a slew of Biden-era environmental policies, from pulling the U.S. out of the Paris Climate Accords to weakening pollution standards and expanding drilling for fossil fuels. For Grijalva, these choices have real, human consequences.
“My dad lived in a Superfund site and drank poisoned water for 15 years. Cancer is now part of our family because of that. These policies aren’t abstract—they hurt real people.”
Her father, the late Raúl Grijalva, passed away from lung cancer earlier this year. The Environmental Working Group estimates that between 100,000 and 122,000 cancer cases in the U.S. may stem from contaminated water—something Grijalva said her family understand all too well.
She also pointed out how allowing environmental destruction by repealing laws meant to protect natural resources threatens Arizona’s economy and identity.
“Arizona is an ecotourism hotspot—there are thousands of jobs tied to protecting our lands. When you destroy it, you can’t put it back together,” she said. “The mining laws are so old that we don’t even get any proceeds for years. It’s like someone digging in your backyard, taking your gold, and then telling you to buy it back later.”
“When people say environmental protection isn’t a priority, I just think of my dad and of our state,” she added. “You don’t gamble with people’s health for a quick profit.”
Shifting to social issues, Grijalva spoke at length about protecting transgender rights during a time when many—particularly on the right—continue to villainize the community.
“Trans rights are human rights. That’s it,” she said firmly. “When I say I’ll speak up for those who don’t feel they have a voice, I mean everybody—especially people who’ve been pushed to the margins.”
She didn’t shy away from calling out members of her own party who, in her view, haven’t done enough. “It’s disappointing that some Democrats are willing to stay silent as a whole community is being attacked,” she said. “Maybe they’ve never known what it’s like to be targeted, but once you have, you stand up for those who need more support.”
“I believe gender-affirming care is life-saving care,” she continued. “We have to push back against these anti-LGBTQ laws and fight for the Equality Act because the federal government has a responsibility to protect people, not erase them.”
“It’s not the government’s business who you love or who you are,” she added. “You should have the autonomy to be whoever you want to be—that is America.”
The congresswoman also spoke passionately about the growing movement to ban books and target libraries—something she called “deeply personal.”
“I’m not only the wife—I’m the daughter and sister of librarians,” Grijalva said with a laugh. “So if I’m not an advocate for our libraries, I’m in a lot of trouble. There should not be banned books. Those stories are a lifeline for students who don’t have support at home.”
She recalled a conversation that underscored her frustration with the movement. “A woman once showed me a book and said, ‘Do you think this should be available to children?’ I said, ‘Are the pictures anatomically inaccurate? Because if they’re correct, why do you care?’ We shouldn’t be policing truth or reality just because it makes some adults uncomfortable.”
Public service, for Grijalva, has always been personal. She was the youngest woman ever elected to the Tucson Unified School District Governing Board in 2002 and served in that role for 20 years—making her one of the longest-serving board members in history.
“I’ve been in elected office for 22 years,” she reflected. “People from high school tell me I’m the same person—and that’s what I want. You don’t let the environment change you; you change the environment.”
“I always have to look my kids in the eye at the end of the day,” she added. “If I have to explain a vote too much, then it’s wrong. That’s the standard I hold myself to.”
Even amid the uncertainty of her delayed swearing-in, Grijalva said she remains focused on the people she was elected to serve.
“The privilege of being able to speak for 812,000 people—it’s overwhelming, but it’s such an honor,” she said. “I’m excited to get sworn in and finally start doing the work my community sent me to do.”
Federal Government
LGBTQ federal workers face growing strain, fear of backsliding rights
Government shutdown began on Oct. 1
The federal government has been shut down since Oct. 1, marking the second-longest shutdown in American history. This is the third government shutdown under a Trump presidency.
Government shutdowns have become a somewhat normalized part of American governance. Their circumstances often vary, but the solution is always the same: Congress must appropriate the funding for the federal government.
At the heart of the current shutdown is a disagreement over healthcare: Democrats want to extend Medicaid and Affordable Care Act subsidies granted during COVID-19, while Republicans, with the Trump-Vance administration at the helm, argue these subsidies should expire to save money. The standoff has left millions at risk of losing coverage because they otherwise won’t be able to afford it.
As Congress fails to reach a decision on healthcare, roughly 4.5 million paychecks will be withheld from federal civilian employees. Additionally, 1.3 million active-duty personnel and over 750,000 National Guard and Reserve members are required to serve, potentially without pay, according to an Oct. 24 study by the Bipartisan Policy Center.
The Washington Blade spoke with two LGBTQ federal employees from different parts of the government to understand how the shutdown has disrupted their lives and added stress to an already uncertain future.
Both sources spoke on the condition of anonymity, citing fear of retribution amid the current political climate surrounding federal employment and their sexuality. For LGBTQ federal employees, the stakes are often higher, as they must navigate not only financial and professional uncertainty but also a political environment that can threaten hard-won rights and recognition.
The first federal employee with whom the Blade spoke described the difficulty of focusing on work amid the chaos.
“I feel like I expected a certain amount of crazy with the shutdown, but I wasn’t quite ready for, as Steve Bannon said, ‘the muzzle velocity of all this’ — just how quickly they would implement things across the board,” they said. “That’s made it really hard to focus on any one issue, and I think even trans issues almost get buried under all the other things happening.”
They noted that the current shutdown differs from previous ones, in part because of the sheer number of concurrent crises and the quiet targeting of LGBTQ-related programs.
“Even the last shutdown felt huge, it galvanized the news, but this time there are so many other critical things happening at the same time — ICE kidnapping people, the Epstein files, changes in the LGBT space,” they said. “A lot of it happens quietly, under the radar, and it’s troubling.”
The employee also raised concerns about the slow erosion of government services and oversight, particularly in ways that affect LGBTQ representation and history.
“It’s scary how quickly some government agencies can be stripped of their oversight and history. Like the National Park Service scrubbing things off the Stonewall historic marker, or LGBT references from museum exhibits in the Smithsonian, or kicking drag queens and Pride events from the Kennedy Center,” they said. “I feel like there are so many things that would have been huge stories, but just because of how fast everything has happened, it’s allowed a lot of stuff to happen quietly under the radar that’s pretty troubling.”
Despite these challenges, they emphasized the dedication of federal workers, many of whom choose public service over higher-paying private-sector jobs.
“One of the coolest things about D.C. is meeting people who were top of their class, who could have gone into business for themselves, but instead chose to give back and do work that has an impact on the country,” they said. “There are so many people quietly doing fascinating, important work, and they want to keep doing that.”
The employee expressed frustration over the broken budget system, which adds to the instability of federal employment.
“The budgeting system is broken. No other country operates the way we do, and it creates constant uncertainty for federal workers,” they said. “If budgets continued automatically unless changed, we could plan multi-year projects and make government work more effectively.”
Despite the challenges, they stressed that federal workers’ contributions benefit real people, often in ways that go unnoticed.
“Most federal workers do not want to be the story. We want the story to be about real people whose lives are better because of our work. Even during a shutdown, the focus should not be on us, but on the services we provide and the impact we make,” they said.
The Blade also spoke with a second federal employee, who works with the military. They highlighted the personal and financial pressures that accompany a furlough.
“I’ve always worked with the military, and I don’t have a sense of purpose being here without my job … I also need my paycheck, obviously,” they said.
They described the toll the shutdown is taking on mental health — specifically the anxiety over housing costs and the uncertainty of back pay.
“I bought a house, and now I have a mortgage to pay, and I can’t pay it. This is my source of income. I got three months of forbearance on my mortgage, which is a huge relief, because that’s probably my biggest bill,” they said.
Being part of the LGBTQ community has offered some support — particularly from smaller groups and businesses providing free or reduced-cost meals, events, and drinks to federal employees. Many LGBTQ bars and restaurants have begun offering free drink hours in response to the shutdown, including Crush, Shaw’s Tavern, and Shakers. These discounts provide a few moments of relief, the first federal employee explained, but they don’t fully shield workers from the pressures of a shutdown.
“As an out gay federal employee, there’s a broad network of support within the LGBTQ community … I have access to those networks, and I might be better off than my straight counterparts because of that,” they said.
The second federal employee also voiced concern about political bargaining over federal pay and protections.
“It’s troubling to see lawyers in the administration argue that we may not be entitled to back pay, when we are guaranteed this by law,” they said. “I would like to see them not use our pay and our livelihoods as a bargaining chip for their political agenda.”
Reflecting on the broader implications, the employee tied the shutdown to historical challenges for LGBTQ people in federal service.
“I joined the military after ‘Don’t Ask, Don’t Tell,’ and now serve as a civilian in the same military … I’ve seen LGBT rights advance a lot in my lifetime,” they said. “I would hate to see that backslide and feel like I have to be concerned in my position … because of my sexuality.”
Another factor complicating the shutdown is the optics — both the visuals and rhetoric coming from the White House.
The Trump-Vance administration continues to push the narrative that Democrats alone are to blame, rather than acknowledging the broader lack of bipartisan cooperation. Coupled with the White House’s visible efforts to renovate and upgrade the presidential living quarters, it all carries a certain “let them eat cake” undertone.
“It’s heartbreaking to see the East Wing being demolished so quickly without process or public input, while other government workers are furloughed,” the second federal employee with whom the Blade spoke said. “It makes the White House feel like a commodity for sale, and it’s demoralizing for those who maintain it.”
“Seeing bulldozers funded by corporations plow through the White House grounds while National Park Service employees are furloughed is demoralizing,” they added. “It’s a very visual metaphor for what’s happening across the government: those entrusted to maintain it are out of work, while other interests move forward unchecked.”
They continued, explaining that unity — not division — is needed to do the type of work millions of federal employees perform every day.
“I can’t always tell who among my colleagues is conservative or liberal, and honestly, most people just want the government to work efficiently. Even conservatives, when they see potential improvements, want the government to deliver,” they said. “It’s the follow-through that really matters — the thousands of people slogging away doing the actual work.”
Federal Government
EXCLUSIVE: Adelita Grijalva on gov’t shutdown, House swearing-in, trans rights
Warns of ‘major constitutional lawsuit time’
Adelita Grijalva was elected by Arizona’s 7th District with overwhelming support in a special election in September. More than a month has passed, and she has yet to be sworn in, marking the longest delay of a swearing-in in American history. Republicans—most notably Speaker of the House Mike Johnson—blame the government shutdown for the delay, despite having the power to call the House in session for her swearing-in. Grijalva, however, believes other motives are at play.
Republicans currently control the House, Senate, the executive branch, and a majority on the Supreme Court, giving party leadership the ability to act in line with their goals, including supporting President Donald Trump.
Trump’s motives, according to observers, appear tied to consolidating power and controlling sensitive information. During his campaign, he promised to release the Epstein files—a collection of documents detailing the alleged crimes of convicted sex offender Jeffrey Epstein, his associates, and other high-profile figures, perhaps including Trump. Despite controlling the Department of Justice, which holds the files, Trump has still not fully released them and has criticized supporters who continue to demand disclosure.
Grijalva has been vocal about her support for releasing the files, a stance that helped her secure a decisive victory in the special election. Once sworn in, she would become the 218th member of the House to support a discharge petition, potentially forcing a vote that Johnson has delayed on releasing the files. She believes this is a major reason for her delayed swearing-in.
“It shouldn’t matter my party. It shouldn’t matter whether I am going to support whatever agenda Speaker Johnson has,” Grijalva told the Blade in an exclusive interview on Tuesday. “I should be sworn in, period.”
Her frustration with the delay is compounded by the real-world consequences for her constituents. She emphasizes that this is not just a political game.
“I don’t care who’s implicated. I don’t care what party they are. If you committed a crime, if you’re a pedophile, if you raped children and women, then you deserve legal consequences, and the survivors need to be able to try to move on and see justice for what they said has happened to them, have consequences, and then be able to move forward.”
Grijalva warns that the stakes go beyond the files, extending to the functioning of government itself.
“For there to be votes in Congress, and I’m not sworn in before that happens, that would be major constitutional lawsuit time. The unfortunate part is, who’s really suffering through all of this are the federal workers and the 900,000 Arizonans who use SNAP benefits—they don’t know if they’re going to get a check or be able to feed their families.”
Following in her father’s footsteps, who held the same House seat until his death earlier this year, Grijalva also emphasized her commitment to the LGBTQ community and her outspoken support for trans rights—at a time when transgender identity is increasingly targeted by Republicans and other conservative figures, including Johnson and Trump.
Her stance is clear and uncompromising:
“Trans rights are human rights. That’s it. I’m going to speak up for those who don’t feel like they have a voice and don’t have a place at the table — that means everybody,” she said.
With the prolonged delay and high stakes, Grijalva’s fight to be sworn in is as much about representation as it is about accountability. Her unwavering advocacy signals the priorities she will champion once in office. The Blade will publish the full interview with Grijalva later this week.

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