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How a pro-transgender memo sneaked through the Trump administration

2020 memo an outlier amid otherwise hostile policy

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By the time the Trump administration ended, it had solidified a reputation for being hostile to transgender people — barring them from military service and reversing regulations aimed at ensuring non-discrimination protections regardless of gender identity — but one minor policy decision managed to sneak through affirming the acceptance of employees going through gender transition.

Top officials at the Defense Intelligence Agency, a company support agency for the U.S. government, outlined in a memo dated June 15, 2020 the process for employees and supervisors to “navigate transitioning while employed at the DIA.” The document, which was not previously made available to the public, was obtained earlier this month by the Washington Blade through an appeal of a request under the Freedom of Information Act.

“Transitioning in the workplace is a personal decision,” the memo says. “DIA encourages transitioning employees to openly communicate during the transitioning process; discuss plans for workplace transition with their supervisor or manager; and, as appropriate, include any steps that will prompt workplace changes (e.g., transitioning employees may begin using a different name or pronoun).”

Because the fundamental nature of a memo outlining steps to help employees in the workplace transition is contrary to the overwhelming anti-transgender outlook of the Trump administration, the DIA memo appears to have been an internal effort shielded from the White House at the time as opposed to a government-wide initiative.

The DIA guidance for transgender employees runs contrary to other sweeping Trump administration policies that sought to enable discrimination against transgender people, including the military policy former President Trump issued via Twitter in 2017 outright banning them from service “in any capacity.”

Other anti-trans actions include the Department of Health & Human Services rescinding an Obama-era regulation that barred health care providers and insurers from discriminating against transgender patients, including the denial of transition-related care, which was orchestrated by then-director of Office of Civil Rights Roger Severino and came just days before the DIA memo.

Both the military ban and the health care rollback have since been reversed under the Biden administration.

Another Trump-era policy at a comparable scope to the DIA memo to employees, however, was the U.S. Office of Personal Management deleting on a page on its website outlining the guidance for accommodating federal workers going through the transition process. The DIA memo, which facilitates those transitions within that one agency, contradicts the message sent by the deletion of the OPM resource.

Although two sources familiar with the document told the Washington Blade it was timed for Pride month (which would be consistent with the June publication date), it would also be consistent with the U.S. Supreme Court’s decision in Bostock v. Clayton County, which determined anti-LGBTQ discrimination is a form of illegal sex discrimination. After all, the Bostock decision came out on the same day as the date on the DIA memo.

A defense insider familiar with the DIA memo, who spoke on condition of anonymity, was among those who said the memo went out in recognition of Pride month and said it was intended to ensure there was guidance for transition at the agency.

“We had a number of different individuals who were going through the transition process and management needed to understand what the policy as they dealt with the individuals who were going through transition,” the insider said.

The insider said production of the memo “wasn’t part of any government wide effort” and completely within DIA. The memo, the insider said, wasn’t creating any new policy for the agency, but “looking at existing policy, and then providing our manager and our workforce clear guidance.”

Asked whether there was any backlash to the memo, the insider said, “No, I would say absolutely not.” Once the guidance went out, the insider said, he “didn’t hear anything from outside the organization” about it.

In response to a follow-up question on whether the White House or Pentagon under Trump expressed any objections to the guidance, the insider denied that was the case: “No one said anything to me about it.”

Other highlights of the memo include options for diversity training to better understand transition-related issues; instructions to refer to employees by the name and pronoun of their choice; a reminder the Defense Intelligence Agency has no dress code, therefore employees are allowed to wear attire in the manner they choose; and a guarantee employees shall have access to restrooms consistent with their gender identity. Employees may transition without prior coordination, the memo says, or may do so while creating a transition plan that includes the date the transition will begin, whether time off is needed and how to discuss the situation with colleagues.

“Employees can use the restroom and other facilities that best align with their gender identity and are not restricted to use of a single-user restroom,” the memo says. “Employees are not required to undergo or provide proof of any medical procedures to use restroom facilities designed for use by a specific gender.”

Additionally, the document outlines the process for administrative record updates, including making a request for a gender marker changer through human resources, updating personnel files, and changing DIA and intelligence community badges and identification cards.

A DIA spokesperson, in response to email inquiries from the Washington Blade on the document, confirmed the memo was issued to coincide with Pride month and remains in effect to this day.

“Released jointly to the DIA civilian workforce by the DIA Chief of Staff, Equal Opportunity and Diversity Office, and Office of Human Resources, the memo titled ‘Gender Transition in the Workplace for Civilian Employees’ serves to notify DIA civilian employees of the Agency’s position on supporting Lesbian, Gay, Bisexual, Transgender, Queer (LGBTQ) employees, including those taking steps to align themselves more fully with their gender identities,” the DIA spokesperson said. “The memo was released in June 2020 to coincide with Pride Month and serves as active guidance.”

In many cases, regulations and guidance would have to go through the White House Office of Management & Budget or Office of Information and Regulatory Affairs, but not necessarily, especially an internal memo to supervisors and employees to reinforce policy that purportedly was already in place.

A Trump White House official said he was unaware of the document until the Blade brought it to his attention and said it would not have come to the White House because it was never published in the Federal Register. The Office of Management & Budget didn’t respond to the Blade’s request to comment on whether it ever was brought to the attention of the White House at the time of its publication in 2020.

While regulations within U.S. agencies go to the White House for review and consultations, government agencies as well as businesses often consult transgender groups for assistance in developing guidance for transitioning in the workforce, such as the National Center for Transgender Equality.

Mara Keisling, a transgender advocate who served as executive director of the advocacy group during the Trump administration, said she was completely unaware of the memo until the Blade brought it to her attention, although DIA would have been “required by law” to have such a policy for transgender workers after the Supreme Court’s decision in Bostock.

“We would have been happy to see it, but this was not the Trump administration doing something good,” Keisling said. “This was HR bureaucrats, I don’t mean bureaucrat in a bad way at all. This is HR bureaucrats following the law, and it clearly didn’t rise to the level of the White House.”

Keisling said she was unaware of any similar guidance for gender transition coming from a U.S. agency during the Trump administration. However, she disclosed her organization was able to work with federal workers to get “a couple of sneaky things done the White House didn’t know about” consistent with the DIA memo, although she didn’t elaborate.

“And super importantly, it’s the intelligence community and defense and intelligence, which Defense Intelligence Agency obviously is both,” Keisling said. “They have a little more autonomy than others anyway, so … if you told me there was something surprising from somewhere on a personnel issue, I would have guessed that it was somewhere in the intelligence report or Foreign Service community.”

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LGBTQ community calls out Radio Korea over host’s homophobic comments

Station acknowledged controversy, but skirted accountability

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On Nov. 21st, Radio Korea CEO Michael Kim made an official video statement addressing the Nov. 3rd program. (Screen capture via Radio Korea/YouTube)

On Monday, Nov. 3, Radio Korea aired its regular morning talk show program, where one of its hosts, Julie An, discussed her lack of support for the LGBTQ community, citing her religious beliefs. She also went on to comment that gay people spread HIV and AIDS, and that conversation therapy — which has been linked to PTSD, suicidality, and depression — is a viable practice. Clips of this have since been taken down.

Radio Korea offers Korean language programming to engage local Korean American and Korean immigrant community members. Its reach is broad, as Los Angeles is home to the largest Korean population in the U.S, with over 300,000 residents. As An’s words echoed through the station’s airwaves, queer Korean community members took to social media to voice their concern, hurt, and anger.  

In a now-deleted Instagram post, attorney, activist, and former congressional candidate David Yung Ho Kim demanded accountability from the station. Writer and entertainer Nathan Ramos-Park made videos calling out Radio Korea and An, stating that her comments “embolden” people with misinformation, which has the ability to perpetuate “violence against queer people.”

Community health professional Gavin Kwon also worries about how comments like An’s increase stigma within the Korean immigrant community, which could lead to increased discrimination against queer people and their willingness to seek health care.  

Kwon, who works at a local clinic in Koreatown, told the Los Angeles Blade that comments like An’s prescribe being gay or queer as a “moral failure,” and that this commonly-held belief within the Korean immigrant community, particularly in older generations, strengthens the reticence and avoidance clients hold onto when asked about their gender or sexual orientation. 

“When you stigmatize a group, people don’t avoid the disease — they avoid care,” Kwon explained. “They avoid getting tested, avoid disclosing their status, and avoid talking openly with providers. Stigma pushes people into silence, and silence is the worst possible environment for managing any infectious disease.”

For weeks, Radio Korea did not offer a direct response to the public criticism. Its Instagram feed continued to be updated with shorts, featuring clips of its various hosts — including An. 

On Friday, Radio Korea CEO Michael Kim released an official statement on the station’s YouTube page. In this video, Michael Kim stated that An’s comments “included factual inaccuracies” and that the station “does not endorse or share the personal opinions expressed by individual hosts.” Michael Kim also stated that Radio Korea “welcomes members of the LGBT community to share their perspectives” in order to deepen understanding through dialogue. 

Afterwards, Michael Kim continued that though he acknowledges the “pain” felt by queer community members, he concluded: “I don’t think Radio Korea needs to apologize for what was said any more than Netflix should apologize for what Dave Chappelle says, or any more than Instagram or TikTok should apologize for what people say on their platforms.” 

Michael then offered a justification that An’s statements were “not part of a news report,” and that he was “disappointed” that David Yung Ho Kim, specifically, had been vocal about An’s comments. Michael Kim stated that he was the first person to interview David Yung Ho Kim in 2020 during his congressional campaign, and that he had provided the candidate a platform and opportunity to educate listeners about politics. 

“After all these years, the support Radio Korea has given him,” said Kim, “the support I personally gave him, even the support from other Radio Korea members who donated or even volunteered for him — he dishonestly tried to portray Radio Korea as being an anti-gay organization.”

Michael Kim went on to criticize David Yung Ho Kim’s purported “hurry to condemn others,” and also questioned if David has disowned his father, who he states is a pastor. “What kind of person is David Kim, and is this the kind of person we want in Congress?” Michael Kim asked viewers, noting that Koreatown is “only about three miles from Hollywood, and some people just like to perform.” 

At the end of the video, Michael Kim stated that his duty is to guard the legacy of the station. “My responsibility is to protect what was built before me and ensure that Radio Korea continues serving this community long after today’s momentary controversies disappear,” he said. 

For community members and advocates, this response was unsatisfactory. “The overall tone of the statement felt more defensive than accountable,” Kwon wrote to the Blade. “Instead of a sincere apology to the LGBTQ+ community that was harmed, the message shifts into personal grievances, political dynamics, and side explanations that don’t belong in an official response.”

Michael Kim’s portrayal of the criticism and calls to action by community members as a “momentary controversy” paints a clearer picture of the station’s stance — that the hurt felt and expressed by its queer community members is something that will simply pass until it is forgotten. An continues to be platformed at Radio Korea, and was posted on the station’s social media channels as recently as yesterday. The station has not outlined any other action since Michael Kim’s statement. 

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U.S. Military/Pentagon

Pentagon moves to break with Boy Scouts over LGBTQ and gender inclusion

Leaked memo shows Hegseth rejecting Scouting America’s shift toward broader inclusion

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Scouts for Equality march in the 2015 Capital Pride Parade. (Washington Blade file photo by Michael Key)

The Pentagon is preparing to sever its longstanding partnership with the Boy Scouts of America, now known as Scouting America.

In a draft memo to Congress obtained by NPR, Defense Secretary Pete Hegseth criticizes the organization for being “genderless” and for promoting diversity, equity, and inclusion.

“The organization once endorsed by President Theodore Roosevelt no longer supports the future of American boys,” Hegseth wrote, according to Defense Department sources.

Girls have been eligible to join Cub Scouts (grades K–5) since 2018, and since 2019 they have been able to join Scouts BSA troops and earn the organization’s highest rank of Eagle Scout.

A statement on the Scouting America website says the shift toward including girls stemmed from “an expanding demand to join the Boy Scouts” and a commitment to inclusivity. “Throughout the late 20th and early 21st centuries, it has undergone significant changes to become more inclusive of the adult staff and volunteers that drive its programming as well as of scouts and their families,” the organization says.

Part of that broader push included lifting its ban on openly gay members in 2014 and on openly gay adult leaders in 2015.

Once the Pentagon finalizes the break, the U.S. military will no longer provide medical and logistical support to the National Jamboree, the massive annual gathering of scouts in West Virginia that typically draws about 20,000 participants. The memo also states that the military will no longer allow scout troops to meet on U.S. or overseas installations, where many bases host active scout programs.

Hegseth’s memo outlines several justifications for the decision, arguing that Scouting America has strayed from its original mission to “cultivate masculine values” by fostering “gender confusion.” It also cites global conflicts and tightening defense budgets, claiming that deploying troops, doctors and vehicles to a 10-day youth event would “harm national security” by diverting resources from border operations and homeland defense.

“Scouting America has undergone a significant transformation,” the memo states. “It is no longer a meritocracy which holds its members accountable to meet high standards.”

The Pentagon declined NPR’s request for comment. A “War Department official” told the outlet that the memo was a “leaked document that we cannot authenticate and that may be pre-decisional.”

The leaked memo comes roughly one month after nearly every major journalism organization walked out of the Pentagon in protest of new rules requiring reporters to publish only “official” documents released by the department — effectively banning the use of leaked or unpublished materials.

President Donald Trump, who serves as the honorary head of Scouting America by virtue of his office, praised the Jamboree audience during his 2017 visit to West Virginia. “The United States has no better citizens than its Boy Scouts. No better,” he said, noting that 10 members of his Cabinet were former Scouts.

Hegseth was never a scout. He has said he grew up in a church-based youth group focused on memorizing Bible verses. As a Fox News host last year, he criticized the Scouts for changing their name and admitting girls.

“The Boy Scouts has been cratering itself for quite some time,” Hegseth said. “This is an institution the left didn’t control. They didn’t want to improve it. They wanted to destroy it or dilute it into something that stood for nothing.”

NBC News first reported in April that the Pentagon was considering ending the partnership, citing sources familiar with the discussions. In a statement to NBC at the time, Pentagon spokesman Sean Parnell said, “Secretary Hegseth and his Public Affairs team thoroughly review partnerships and engagements to ensure they align with the President’s agenda and advance our mission.”

The Scouting America organization has has long played a role in military recruiting. According to numbers provided by Scouting America, many as 20 percent of cadets and midshipmen at the various service academies are Eagle Scouts. Enlistees who have earned the Eagle rank also receive advanced entry-level rank and higher pay — a practice that would end under the proposed changes.

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The White House

Trans workers take White House to court over bathroom policy

Federal lawsuit filed Thursday

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Protesters outside of House Speaker Mike Johnson's (R-La.) office in the Cannon House Office Building last year protesting a similar bathroom ban. (Washington Blade photo by Christopher Kane)

Democracy Forward and the American Civil Liberties Union, two organizations focused on protecting Americans’ constitutional rights, filed a class-action lawsuit Thursday in federal court challenging the Trump-Vance administration’s bathroom ban policies.

The lawsuit, filed on behalf of LeAnne Withrow, a civilian employee of the Illinois National Guard, challenges the administration’s policy prohibiting transgender and intersex federal employees from using restrooms aligned with their gender. The policy claims that allowing trans people in bathrooms would “deprive [women assigned female at birth] of their dignity, safety, and well-being.”

The lawsuit responds to the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. It alleges that the order and its implementation violate Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In 2020, the U.S. Supreme Court ruled 6-3 that Title VII protects trans workers from discrimination based on sex.

Since its issuance, the executive order has faced widespread backlash from constitutional rights and LGBTQ advocacy groups for discriminating against trans and intersex people.

The lawsuit asserts that Withrow, along with numerous other trans and intersex federal employees, is forced to choose between performing her duties and being allowed to use the restroom safely.

“There is no credible evidence that allowing transgender people access to restrooms aligning with their gender identity jeopardizes the safety or privacy of non-transgender users,” the lawsuit states, directly challenging claims of safety risks.

Withrow detailed the daily impact of the policy in her statement included in the lawsuit.

“I want to help soldiers, families, veterans — and then I want to go home at the end of the day. At some point in between, I will probably need to use the bathroom,” she said.

The filing notes that Withrow takes extreme measures to avoid using the restroom, which the Cleveland Clinic reports most people need to use anywhere from 1–15 times per day depending on hydration.

“Ms. Withrow almost never eats breakfast, rarely eats lunch, and drinks less than the equivalent of one 17 oz. bottle of water at work on most days.”

In addition to withholding food and water, the policy subjects her to ongoing stress and fear:

“Ms. Withrow would feel unsafe, humiliated, and degraded using a men’s restroom … Individuals seeing her enter the men’s restroom might try to prevent her from doing so or physically harm her,” the lawsuit states. “The actions of defendants have caused Ms. Withrow to suffer physical and emotional distress and have limited her ability to effectively perform her job.”

“No one should have to choose between their career in service and their own dignity,” Withrow added. “I bring respect and honor to the work I do to support military families, and I hope the court will restore dignity to transgender people like me who serve this country every day.”

Withrow is a lead Military and Family Readiness Specialist and civilian employee of the Illinois National Guard. Previously, she served as a staff sergeant and has received multiple commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom.

The lawsuit cites the American Medical Association, the largest national association of physicians, which has stated that policies excluding trans individuals from facilities consistent with their gender identity have harmful effects on health, safety, and well-being.

“Policies excluding transgender individuals from facilities consistent with their gender identity have detrimental effects on the health, safety and well-being of those individuals,” the lawsuit states on page 32.

Advocates have condemned the policy since its signing in January and continue to push back against the administration. Leaders from ACLU-D.C., ACLU of Illinois, and Democracy Forward all provided comments on the lawsuit and the ongoing fight for trans rights.

“We cannot let the Trump administration target transgender people in the federal government or in public life,” said ACLU-D.C. Senior Staff Attorney Michael Perloff. “An executive order micromanaging which bathroom civil servants use is discrimination, plain and simple, and must be stopped.”

“It is absurd that in her home state of Illinois, LeAnne can use any other restroom consistent with her gender — other than the ones controlled by the federal government,” said Michelle Garcia, deputy legal director at the ACLU of Illinois. “The Trump administration’s reckless policies are discriminatory and must be reversed.”

“This policy is hateful bigotry aimed at denying hardworking federal employees their basic dignity simply because they are transgender,” said Kaitlyn Golden, senior counsel at Democracy Forward. “It is only because of brave individuals like LeAnne that we can push back against this injustice. Democracy Forward is honored to work with our partners in this case and is eager to defeat this insidious effort to discriminate against transgender federal workers.”

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