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Final rule announced for LGBT workplace executive order

No comment period prior to final rule on directive

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Labor Secretary Thomas Perez announced the rule is final for an executive order barring LGBT workplace discrimination. (Washington Blade file photo by Michael Key)

Labor Secretary Thomas Perez announced the rule is final for an executive order barring LGBT workplace discrimination. (Washington Blade file photo by Michael Key)

A new rule for an executive order signed by President Obama prohibiting federal contractors from engaging in anti-LGBT workplace discrimination is now final, the Labor Department announced Wednesday.

Following years of pressure from LGBT advocates, Obama signed the order on July 21, but the process wasn’t yet final because the Labor Department and the Office of Management & Budget had to draft a rule to implement the measure.

Once the final rule is published in the Federal Register, it will become effective 120 days later and apply to federal contracts entered into or modified on or after that date, according to the Labor Department.

After its announcement, the Labor Department published Frequently Asked Questions for the final rule, which can be found here. The final rule itself is set to be online at 4:30 pm, according to the Labor Department. UPDATE: The final rule is here.

Labor Secretary Thomas Perez said in a statement the final rule for the executive order, known as Executive Order 13672, is a step in the path to ending anti-LGBT discrimination in the workforce.

“Americans believe in fairness and opportunity,” Perez said. “No one should live in fear of being fired or passed over or discriminated against at work simply because of who they are or who they love. Laws prohibiting workplace discrimination on the bases of sexual orientation and gender identity are long overdue, and we’re taking a big step forward today to fix that.”

No explicit protections exist in federal code prohibiting companies from discriminating on the basis of sexual orientation and gender identity, although the U.S. Equal Employment Opportunity Commission has interpreted existing protections for gender to protect transgender workers.

The executive order is considered the first federal action to ensure LGBT employment non-discrimination in the public sector. However, in April the Obama administration interpreted the LGBT non-discrimination provisions in reauthorization of the Violence Against Women Act to extend to employment at organizations accepting federal grants for domestic violence programs.

Charged with enforcing the executive order is the Labor Department’s Office of Federal Contract Compliance Programs, which is headed by Patricia Shiu.

“We are building on the work of presidents and members of Congress from both parties who have expanded opportunities for America’s workers,” Shiu said in a statement. “This rule will extend protections to millions of workers who are employed by or seek jobs with federal contractors and subcontractors, ensuring that sexual orientation and gender identity are never used as justification for workplace discrimination by those that profit from taxpayer dollars.”

In October, the Labor Department had submitted its proposed rule for the executive order to the Office of Management & Budget. No comment period took place for the proposed rule.

Laura McGinnis, a spokesperson for the Labor Department, said the administration didn’t allow for a comment period because of the nature of the executive order.

“In cases where an Executive Order is very clear about the steps the department needs to take and leaves no discretion regarding how to proceed, agencies may publish final rules without notice and comment,” McGinnis said. “So this one was sent to OMB as a final rule.”

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State Department

Democracy Forward files FOIA request for State Department bathroom policy records

April 20 memo outlined anti-transgender rule

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(Photo courtesy of the Library of Congress)

Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.

A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.

“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”

Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.

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Federal Government

House Republicans push nationwide ‘Don’t Say Gay’ bill

Measures would restrict federal funding for LGBTQ-affirming schools

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(Washington Blade photo by Michael Key)

Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.

Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.

The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.

The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.

It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”

LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.

A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.

Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.

David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.

“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”

This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.

The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.

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Botswana

Botswana repeals colonial-era sodomy law

Country’s High Court struck down statute in 2019

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The first Palapye Pride took place in Palapye, Botswana, on Nov. 1, 2025. The country has repealed the provision of its colonial-era penal code that criminalized consensual same-sex sexual relations. (Photo courtesy of the AGANG Community Network)

Botswana’s government has repealed a provision of its colonial-era penal code that criminalized consensual same-sex sexual relations.

The country’s High Court in 2019 struck down the provision. The Batswana government in 2022 said it would abide by the ruling after country’s Court of Appeals upheld it.

The government on March 26 announced the repeal of the penal code’s “unnatural offenses” section that specifically referenced any person who “has carnal knowledge of any person against the order of nature” and “permits any other person to have carnal knowledge of him or her against the order of nature.”

Lesbians, Gays and Bisexuals of Botswana, a Batswana advocacy group known by the acronym LEGABIBO, challenged the criminalization law with the support of the Southern Africa Litigation Center. LEGABIBO in a statement it posted to its Facebook on April 25 welcomed the repeal.

“For many, these provisions were not just words on paper — they were lived realities,” said LEGABIBO. “They affected access to healthcare, safety, employment, and the freedom to love and exist openly.”

“LEGABIBO believes that the deletion of these sections is a necessary and long-overdue step toward restoring dignity and aligning our legal framework with constitutional values of equality and human rights,” it added. “It is a clear message that LGBTIQ+ persons are not criminals, and that their lives and relationships deserve protection, not punishment.”

LEGABIBO further stressed that “while this does not erase the harm of the past, it creates space for healing, inclusion, and continued progress toward full equality.”

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