News
Trump budget assailed for ‘troubling’ cuts to LGBT civil rights
Proposal would zap agency charged with enforcing Obama LGBT order

President Donald Trump has proposed a budget that includes cuts to civil rights agencies. (Washington Blade photo by Michael Key)
President Trump’s commitment to upholding civil rights for LGBT people has come into renewed question in the wake of a budget proposal that makes substantial cuts to agencies enforcing non-discrimination laws and cumulative actions over the course of his administration undermining those statutes.
Trump’s $4.1 trillion budget proposal for fiscal year 2018 — unveiled late last month — calls for major cuts from Obama-era levels to civil rights agencies within federal departments across the board, including the Justice Department, the Department of Health & Human Services and the Education Department.
Also, the budget proposes the elimination of the Labor Department’s Office of Federal Contract Compliance — which is charged with enforcing President Obama’s executive order barring anti-LGBT workplace discrimination among federal contractors — and merging it with the U.S. Equal Employment Opportunity Commission, the U.S. agency that enforces federal employment non-discrimination law.
Sharita Gruberg, associate director of LGBT research and communications for the Center for American Progress, said the proposed cuts are “really troubling” for the continued enforcement of laws barring discrimination against LGBT people.
“There are cuts across every single federal agency charged with enforcing civil rights laws and it would undo a lot of the gains that we’ve gotten over the last administration in ensuring that civil rights are robustly enforced,” Gruberg said.
A White House Office of Management & Budget official pointed to other aspects of the Trump budget the administration says demonstrates a commitment to civil rights, such as $2.7 million for the Education Department’s Civil Rights Data Collection program, which is three times more than what was planned for FY-17.
“The president’s budget proposal maintains the administration’s commitment to the enforcement of the nation’s civil rights laws,” the official said. “It straightlines funding for DOJ’s Civil Rights Division, supporting efforts to combat human trafficking; prosecute hate crimes; protect the rights of U.S. workers, service members, and veterans; safeguard the voting rights for all Americans; and promote fair housing and educational opportunities.”
For the HHS Office of Civil Rights, the Trump budget proposes a 15 percent cut — down from an estimated $53 million from FY-17 to $44 million in FY-18 — and a 10 percent staff reduction, from 177 to 161.
That office is charged with enforcing Section 1557 of the Affordable Care Act, which bars discrimination on the basis of sex in health care. The Obama administration issued a rule clarifying that provision applies to transgender people, ensuring access to transition-related care and gender reassignment surgery.
Although U.S. District Judge Reed O’Connor in Texas issued an injunction barring the Obama administration from applying the Section 1557 to cases of transgender discrimination, Gruberg said the HHS Office of Civil Rights “presumably should still be investigating complaints from LGBT people of discrimination in health care” and the cuts would be harmful.
“These are complaints that would not get the resources or staffing needed to ensure that they are investigated and that LGBT people are getting the health care that they’re entitled to without discrimination,” Gruberg said.
For the Education Department’s Office of Civil Rights, which is charged with enforcing Title IX of the Education Amendments of 1972, the funding is maintained between FY-17 and FY-18 at $107 million. However, with the same level of funding the proposed budget calls for a seven percent reduction in staff, from 569 employees to 523.
Courts are beginning to construe Title IX, which bars discrimination on the basis of sex, to apply to LGBT students. The Obama administration issued guidance indicating schools that bar transgender kids from the restroom consistent with their gender identity may lose funding under this law, but U.S. Attorney General Jeff Sessions and Education Secretary Betsy DeVos revoked the guidance.
Even though the Trump administration rescinded the guidance, Gruberg said the Education Department’s Office of Civil Rights is still charged with investigations under Title IX, citing a 75 percent increase in complaints from 2009 to 2015.
“The law is still the law and this would hurt the office’s ability to provide technical assistance about what their obligations are under the law even without the guidance in place,” Gruberg said.
For the Justice Department’s Civil Rights Division, the Trump budget proposes the elimination of 121 staff positions. That division is responsible for upholding civil rights laws, including Title VI of the Civil Rights Act of 1964, which bars employment discrimination based on sex, and the Violence Against Women Act, which specifically bars anti-LGBT discrimination in domestic abuse relief programs.
Under former U.S. Attorney General Loretta Lynch, the civil rights division filed a lawsuit against North Carolina’s anti-LGBT House Bill 2 based on the laws before the litigation was withdrawn under Trump.
“At a time when they filed the most criminal civil rights complaints and trafficking complaints ever, this staffing cut will severely diminish the ability of DOJ civil rights to file and prosecute criminal and civil rights violations,” Gruberg said.
In addition to merging OFCCP with EEOC, the budget calls for the elimination of 130 full-time staff positions from the latter agency since FY-17, although funding would be flatlined at $364 million.
Gruberg said the cuts were “shocking” and the proposed merger spells trouble because OFCCP has oversight authority to investigate federal contractors for violations unlike EEOC, which generally awaits discrimination complaints filed by employees before taking action.
“They’re able to proactively investigate the status of equal opportunity at companies receiving taxpayer funds and ensure that they are not discriminating in ways that individuals employees might not be able to really grasp, such as hiring disparities, pay disparities, some of these systemic issues that an individual employee in their position might not know what’s happening to them,” Gruberg said.
The Department of Housing & Urban Development is also charged with enforcing a non-discrimination policy for LGBT Americans, a Obama administration rule barring anti-LGBT discrimination in government-sponsored housing and homeless shelters.
But assessing the capacity to enforce the rule is hard, Gruberg said, because that task is spread out across the agency. Primarily, HUD implements the rule through the Office of Fair Housing & Equal Opportunity, but the gender identity equal access piece is primarily implemented by the Office of Community Planning & Development, she said.
In Trump’s proposed budget, staffing levels for the Office of Fair Housing & Equal Opportunity would decrease by 10 and 26 full-time equivalents would be cut from Office of Community Planning & Development.
The proposed reductions in the budget for the enforcement of civil rights law are consistent with assertions the Trump administration has undertaken actions undermining civil rights, including a travel ban, review of police consent decrees and formation of an “election integrity” task force that seems to attempt to justify voter suppression efforts. On LGBT rights, the Trump administration has made anti-LGBT appointments, omitted LGBT questions from federal surveys and declined to defend LGBT rights measures in court.
Led by the Leadership Conference on Civil & Human Rights, a coalition of more than 100 groups this week co-signed a letter to Trump earlier this week urging him to reverse course and defend civil rights.
“Our nation should honor equal protection for all, view its diversity as its strength, and strive to be an inclusive place where all in America can live, work, study, and participate in our democracy as free and equal people,” the letter says. “We call on you and your administration to take affirmative steps to halt the problematic policies and initiatives we have outlined, and to provide positive leadership on these issues in order to promote inclusion and respect for the basic rights and dignity of every person in America.”
The EEOC doesn’t seem fazed by the prospects of having to implement the duties of OFFCP in addition to investigations and prosecutions already underway.
Kimberly Smith-Brown, an EEOC spokesperson, said the merger wouldn’t happen until FY-19 and the agency expects a “smooth transition” into the change.
“The FY 2018 budget refers to the proposed merger which would take place in FY 2019, with 2018 being a transition year during which OFCCP and EEOC would engage in transition talks and planning,” Smith-Brown said. “There were no financial or staffing implications for EEOC in FY 2018. Should the proposal to merge OFCCP and EEOC be approved by Congress, we are committed to a smooth transfer and transition.”
The OFFCP never publicly announced any investigations, charges or victories under Obama’s 2014 executive order against LGBT discrimination. It seems unlikely there were any because the Labor Department usually announces them as they occur.
The Labor Department for a span of years under the Obama administration and Trump administration hasn’t responded to the Washington Blade’s request to comment on whether investigations under the order had taken place.
Even though the EEOC has stated it can handle the transition, Gruberg said she thinks those remarks are aspirational and the proposed changes under the Trump budget aren’t “practically feasible.”
“You’re combining two offices that play very different roles in equal opportunity enforcement,” Gruberg said. “At the same time, you’re severely cutting staffing at these offices. And so, I think the combination of these two moves are really going to hinder the ability of these agencies to secure equal opportunity in the workforce for LGBT people.”
District of Columbia
Activist hosts Diwali celebration in D.C.
More than 120 people attended Joshua Patel’s party on Nov. 9.
LGBTQ activist and businessman Joshua Patel hosted a community Diwali party on Nov. 9.
Patel organized the event as a community gathering amid the Trump-Vance administration’s policies against LGBTQ inclusion and DEI. The event, held at the Capo Deli speakeasy, drew more than 120 attendees, including local business leaders.
Patel is a franchise owner of ProMD Health, recently awarded as the best med spa by the Washington Blade. He is also a major gift officer at Lambda Legal.
Patel noted that upon moving from New York to Washington in 2022, he desired a chance for community-based Diwali celebrations. He stated that the city offered minimal chances for gatherings beyond religious institutions, unless one was invited to the White House’s Diwali party.
“With our current administration, that gathering too has ended — where we cannot expect more than Kash Patel and President Trump lighting a ‘diya’ candle on Instagram while simultaneously cutting DEIB funding,” Patel said.
In addition to celebrating the festival of lights and good over evil, Patel saw the event as a moment to showcase “rich, vibrant culture” and “express gratitude.”
Patel coined the celebration a “unifier.”
“From a spiritual angle, Shiva was the world’s first transgender God, taking the form of both “male” and “female” incarnations,” Patel said. “The symbolism of our faith and concepts are universal and allows for all to rejoice in the festivities as much or little as they desire.”
Savor Soiree, DMV Mini Snacks and Capo Deli catered the event. DJ Kush spun music and Elisaz Events decorated the Diwali celebration.
The Diwali party also featured performances by former Miss Maryland Heather Young Schleicher, actor Hariqbal Basi, Patel himself and Salatin Tavakoly and Haseeb Ahsan.
Maryland
Harford school board appeals state’s book ban decision to circuit court
5-2 ruling in response to ‘Flamer’ directive
By KRISTEN GRIFFITH | Marking a historic moment in Maryland’s debate over school library censorship, Harford County’s school board voted Thursday to appeal the state’s unprecedented decision overturning its ban of a young adult graphic novel, pushing the dispute into circuit court.
The 5-2 vote followed a recent ruling from the state board overturning Harford’s ban of the book “Flamer.” In a special meeting Thursday afternoon, board members weighed whether to seek reconsideration or take the matter to circuit court — ultimately opting to appeal.
The book “Flamer” is by Mike Curato, who wrote about his experience being bullied as a kid for being gay.
The rest of this article can be found on the Baltimore Banner’s website.
National
US bishops ban gender-affirming care at Catholic hospitals
Directive adopted during meeting in Baltimore.
The U.S. Conference of Catholic Bishops this week adopted a directive that bans Catholic hospitals from offering gender-affirming care to their patients.
Since ‘creation is prior to us and must be received as a gift,’ we have a duty ‘to protect our humanity,’ which means first of all, ‘accepting it and respecting it as it was created,’” reads the directive the USCCB adopted during their meeting that is taking place this week in Baltimore.
The Washington Blade obtained a copy of it on Thursday.
“In order to respect the nature of the human person as a unity of body and soul, Catholic health care services must not provide or permit medical interventions, whether surgical, hormonal, or genetic, that aim not to restore but rather to alter the fundamental order of the human body in its form or function,” reads the directive. “This includes, for example, some forms of genetic engineering whose purpose is not medical treatment, as well as interventions that aim to transform sexual characteristics of a human body into those of the opposite sex (or to nullify sexual characteristics of a human body.)”
“In accord with the mission of Catholic health care, which includes serving those who are vulnerable, Catholic health care services and providers ‘must employ all appropriate resources to mitigate the suffering of those who experience gender incongruence or gender dysphoria’ and to provide for the full range of their health care needs, employing only those means that respect the fundamental order of the human body,” it adds.
The Vatican’s Dicastery for the Doctrine of the Faith in 2024 condemned gender-affirming surgeries and “gender theory.” The USCCB directive comes against the backdrop of the Trump-Vance administration’s continued attacks against the trans community.
The U.S. Supreme Court in June upheld a Tennessee law that bans gender-affirming medical interventions for minors.
Media reports earlier this month indicated the Trump-Vance administration will seek to prohibit Medicaid reimbursement for medical care to trans minors, and ban reimbursement through the Children’s Health Insurance Program for patients under 19. NPR also reported the White House is considering blocking all Medicaid and Medicare funding for hospitals that provide gender-affirming care to minors.
“The directives adopted by the USCCB will harm, not benefit transgender persons,” said Francis DeBernardo, executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization, in a statement. “In a church called to synodal listening and dialogue, it is embarrassing, even shameful, that the bishops failed to consult transgender people, who have found that gender-affirming medical care has enhanced their lives and their relationship with God.”
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