National
Trans advocate testifies before Senate on ENDA
‘I still sit here today with almost tears in my eyes’

The Senate heard for the first time ever testimony from a transgender witness in a hearing dedicated to highlighting workplace discrimination experienced by LGBT people.
Kylar Broadus, founder of the Columbia, Mo.-based Trans People of Color Coalition, discussed job discrimination he faced as a transgender man before the Senate Health, Education, Labor & Pensions Committee on Tuesday as he called for passage of the Employment Non-Discrimination Act.
In the early 1990s, Broadus worked for a major financial institution, although he didn’t disclose its name during the hearing. After announcing in 1995 he would undergo gender transitioning, Broadus said he was forced out of his role.
“At work, when I decided to actually transition, I had been there for a number of years, and I’m a workaholic, and it was disheartening to me that all this could be pulled out from under me because people weren’t comfortable with the person that I am,” Broadus said.
His written testimony details receiving harassing phone calls, receiving assignments after hours that were due early the next morning and being forbidden from talking to certain people.
“I still sit here today with almost tears in my eyes,” Broadus said. “It’s devastating, it’s demoralizing and dehumanizing to be put in that position.”
Broadus said his treatment at work and being forced out impacted him emotionally, causing him post-traumatic stress disorder, and led to a period of unemployment for about a year from which he still hasn’t financially recovered.
Noting other transgender workers who face discrimination and lose their jobs are unable to regain employment, Broadus called on Congress to pass ENDA to put into place workplace non-discrimination protections.
“I think it’s extremely important that this bill be passed to protect workers like me,” Broadus said. “There are many cases that I hear everyday, and people call me everyday with these cases around the country because I’m also an attorney that practices and deals with people that suffer employment discrimination.”
Chairman Tom Harkin (D-Iowa) confirmed during the hearing that Broadus was the first openly transgender person to testify before the Senate and commended him for his courage in speaking before the committee, saying he’s going toĀ “give courage to a lot of other people.”
ENDA, sponsored by Rep. Barney Frank (D-Mass.) in the House and Jeff Merkley in the Senate (D-Ore.), would bar job bias against LGBT people in most situations in the public and private workforce. Firing someone for being gay is legal is 29 states; firing someone for being transgender is legal in 34 states.
Others who testified in favor of ENDA were M.V. Lee Badgett, research director of the Williams Institute at the University of California, Los Angeles; Samuel Bagenstos, a law professor at the University of Michigan; and Ken Charles, vice president of diversity and inclusion at the breakfast foods company General Mills.
The Republican witness who testified against ENDA was Craig Parshall, senior vice president and general counsel for the Manassas, Va.-based National Religious Broadcasters Association. Parshall previously testified against ENDA before the Senate in 2009.
Harkin called ENDA “important civil rights legislation” that would build off strides already made against workplace discrimination in the past 45 years.
“Many states and businesses are already leading the way toward ensuring full equality for all our fellow citizens,” Harkin said. “However, the harsh reality is that employers in most states can still fire, refuse to hire, or otherwise discriminate against individuals because of their sexual orientation or gender identity ā and, shockingly, they can do so within the law.”
Merkley expressed the need for passing ENDA, saying without it on the books, LGBT workers would continue to face workplace discrimination.
“Let us not lose sight that each and every day, American citizens are discriminated against in their employment or their potential employment in ways that have a profound impact on their opportunity fully live their lives, to fully contribute, to fully pursue happiness, to be all that they can be, all that they are ā which is a benefit to them and a benefit to our nation,” Merkley said. “This discrimination is absolutely wrong. It is morally wrong and we must end it.”
The hearing takes places after the White House announced in April it won’t issue at this time an executive order requiring federal contractors to have their own non-discrimination policies based on sexual orientation and gender identity. The directive didn’t come up during the hearing.
No Republican committee members attended the hearing. The only GOP co-sponsor who serves on the committee is Sen. Mark Kirk (R-Ill.). He’s been recovering from a stroke he suffered in late January. A minority committee spokesperson didn’t immediate respond to a request to comment on why all Republican committee members were absent.
Democrats who attended the hearing in addition to Harkin and Merkley were Sens. Patty Murray (D-Wash.), Al Franken (D-Minn.) and, briefly, Michael Bennet (D-Colo.).
LGBT advocates commended Harkin for bringing more attention to the lack of federal non-discrimination protections for LGBT people by holding an ENDA hearing.
Rea Carey, executive director of the National Gay & Lesbian Task Force, said ENDA reflects core American values of “giving everyone a fair shake and allowing them to fully and freely contribute their skills and talents” in the workforce.
“Many people think these protections already exist, but that’s not the case,” Carey said. “There is no clear federal law, and there are no such laws in over half the states. This jeopardizes our ability to have or keep employment, housing and feed our families. ENDA will level the playing field once and for all.”
LGBT advocates have been calling on the committee to markup the legislation to send it to the Senate floor. All 12 Democrats on the panel ā in addition to Sen. Mark Kirk (R-Ill.) ā are co-sponsors of the bill, so it should have no problem getting out of committee.
Murray was explicit in calling for a markup of the bill during her committee remarks, saying she wants to see ENDA pass out of committee “expeditiously.” In response, Harkin said, “I hope so.”
But speaking with the Washington Blade after the hearing, Harkin was more hesitant about the idea of holding a markup, saying, “I’m going to poll my committee and see. Right now, I’m kind of up to here in getting [Food & Drug Administration] bill through, as you know. Ā We got it through the Senate; we’ve got to work with the House on that trying to get that put to bed, and then I’m going to poll the committee and see what we want to do.”
Another organization is taking the call to advance ENDA a step further. On the same day of the hearing, Tico Almeida, president of Freedom to Work, sent a letter to Senate Majority Leader Harry Reid (D-Nev.), calling on him to schedule a floor vote on the legislation.
“[W]e respectfully urge you to bring ENDA to a vote on the floor of the U.S. Senate this summer so that LGBT Americans do not have to wait any longer to know which of their Senators support their freedom to work without harassment or discrimination on the job, and which Senators still find it acceptable for Americans to be unjustly fired simply because of whom they love or their gender identity,” Almeida writes.
Reid’s office didn’t respond to a request to comment on the letter. The writing cites the Washington Blade’s questioning of White House Press Secretary Robert Gibbs in January 2011 in which the spokesperson acknowledged that “thereās no doubt that whenever you get something done in one [chamber], youāre closer to certainly seeing it come to fruition.”
Harkin told the Blade he’d like to see a floor vote on ENDA, although he acknowledged he doesn’t control the schedule for the Senate.
“I wish we could have a floor vote, yes,” Harkin said. “I would like to see a floor vote on this because I think it’s something the American people ought to where we stand on this issue. This is not an issue that bothers me. As I said, it’s not difficult for me. It might be difficult for some people; it’s not difficult for me.”
The most significant point of contention during the hearing between supporters of ENDA and Parshall, who alone expressed opposition to the legislation. Section 6 of ENDA, titled “Exemption for religious organizations,” says the bill won’t apply to institutions that are exempt from the religious discrimination provisions of Title VII of Civil Rights Act of 1964.
Parshall targeted the religious exemption as his reasons for his opposition to the legislation, saying ENDA “would impose a substantial unconstitutional burden on religious organizations” and “interfere with their ability to effectively pursue their missions.”
“It creates huge problems for future courts to iron out which organizations and under what conditions would be exempted, and which ones would not. I think that kind of uncertainty, obviously, raises constitutional problems,” Parshall said.
Bagenstos took Parshall’s objections to ENDA head on during the later question-and-answer portion of the hearing, saying Parshall’s assertions are without merit because the legislation clearly states which religious organizations are exempt from ENDA.
“Like any legal tests, there are sometimes cases at the edges, but employers have over 40 years of case law to enable them to understand what is covered and what is not covered here,”Ā Bagenstos said. “There is no particular reason to believe that under ENDA, there would be any difficulty in understanding what the scope of the application of that exemption would be.”
But social conservatives aren’t the only ones unhappy with ENDA’s religious exemption. The American Civil Liberties Union says the exemption is too broad and should be narrowed to be more similar to Title VII of the Civil Rights Act of 1964.
Ian Thompson, the ACLU’s legislative representative, saidĀ the current exemption “would provide a license for a religious organization to discriminate” against LGBT people forĀ anyĀ reason and not just based on the organizationās religious teachings.
“We believe that the existing Title VII exemption ā which allows religious organizations the ability to restrict their hiring based on religion, but not to engage in race, sex, or national origin discrimination, for example, offers sufficient protection to religious organizations,” Thompson said. “As we argue, there is no reason to adopt a different exemption for LGBT discrimination by those organizations.”
Thompson also called for the elimination of Section 8(c) of ENDA, which he saidĀ would allow employers in states where same-sex couples can legally marry to treat married gay and lesbian employees as unmarried for purposes of employee benefits.
“As more states continue to move in the direction of extending the freedom to marry to gay and lesbian couples and the ongoing legal challenges to DOMA work their way through the judicial process, Congress should not, in our view, pass legislation that expands the reach of a discriminatory and unconstitutional law,” Thompson said.
The committee didn’t immediately respond to a request to comment on the proposed changes, but Merkley expressed awareness of the proposed change during the hearing.
No Obama administration official testified at the hearing. A White House official had earlier said the administration wasn’t invited to testify, and committee spokesperson Justine Sessions said the panel had already heard from the administration in testimony from earlier hearings.
Federal Government
HHS to retire 988 crisis lifeline for LGBTQ youth
Trevor Project warns the move will ‘put their lives at risk’

The U.S. Department of Health and Human Services is planning to retire the national 988 crisis lifeline for LGBTQ youth on Oct. 1, according to a preliminary budget document obtained by the Washington Post.
Introduced during the Biden-Harris administration in 2022, the hotline connects callers with counselors who are trained to work with this population, who are four times likelier to attempt suicide than their cisgender or heterosexual counterparts.
āSuicide prevention is about risk, not identity,” said Jaymes Black, CEO of the Trevor Project, which provides emergency crisis support for LGBTQ youth and has contracted with HHS to take calls routed through 988.
“Ending the 988 Suicide and Crisis Lifelineās LGBTQ+ youth specialized services will not just strip away access from millions of LGBTQ+ kids and teens ā it will put their lives at risk,ā they said in a statement. āThese programs were implemented to address a proven, unprecedented, and ongoing mental health crisis among our nationās young people with strong bipartisan support in Congress and signed into law by President Trump himself.ā
“I want to be clear to all LGBTQ+ young people: This news, while upsetting, is not final,” Black said. “And regardless of federal funding shifts, the Trevor Project remains available 24/7 for anyone who needs us, just as we always have.ā
The service for LGBTQ youth has received 1.3 million calls, texts, or chats since its debut, with an average of 2,100 contacts per day in February.
āI worry deeply that we will see more LGBTQ young people reach a crisis state and not have anyone there to help them through that,ā said Janson Wu, director of advocacy and government affairs at the Trevor Project. āI worry that LGBTQ young people will reach out to 988 and not receive a compassionate and welcoming voice on the other end ā and that will only deepen their crisis.ā
Under Trump’s HHS secretary, Robert F. Kennedy, Jr., the agency’s departments and divisions have experienced drastic cuts, with a planned reduction in force of 20,000 full-time employees. The Substance Abuse and Mental Health Services Administration has been sunset and mental health services consolidated into the newly formed Administration for a Healthy America.
The budget document reveals, per Mother Jones, “further sweeping cuts to HHS, including a 40 percent budget cut to the National Institutes of Health; elimination of funding for Head Start, the early childhood education program for low-income families; and a 44 percent funding cut to the Centers for Disease Control, including all the agencyās chronic disease programs.”
U.S. Supreme Court
Supreme Court hears oral arguments in LGBTQ education case
Mahmoud v. Taylor plaintiffs argue for right to opt-out of LGBTQ inclusive lessons

The U.S. Supreme Court on Tuesday heard oral arguments in Mahmoud v. Taylor, a case about whether Montgomery County, Md., public schools violated the First Amendment rights of parents by not providing them an opportunity to opt their children out of reading storybooks that were part of an LGBTQ-inclusive literacy curriculum.
The school district voted in early 2022 to allow books featuring LGBTQ characters in elementary school language arts classes. When the county announced that parents would not be able to excuse their kids from these lessons, they sued on the grounds that their freedom to exercise the teachings of their Muslim, Jewish, and Christian faiths had been infringed.
The lower federal courts declined to compel the district to temporarily provide advance notice and an opportunity to opt-out of the LGBTQ inclusive curricula, and the 4th U.S. Circuit Court of Appeals determined that the parents had not shown that exposure to the storybooks compelled them to violate their religion.
āLGBTQ+ stories matter,” Human Rights Campaign President Kelley Robinson said in a statement Tuesday. āThey matter so students can see themselves and their families in the books they read ā so they can know theyāre not alone. And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved.”
She added, “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.ā
GLAD Law, NCLR, Family Equality, and COLAGE submitted a 40-page amicus brief on April 9, which argued the storybooks “fit squarely” within the district’s language arts curriculum, the petitioners challenging the materials incorrectly characterized them as “specialized curriculum,” and that their request for a “mandated notice-and-opt-out requirement” threatens “to sweep far more broadly.”
Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG, and the National Womenās Law Center announced their submission of a 31-page amicus brief in a press release on April 11.
āAll students benefit from a school climate that promotes acceptance and respect,ā said Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal. āEnsuring that students can see themselves in the curriculum and learn about students who are different is critical for creating a positive school environment. This is particularly crucial for LGBTQ+ students and students with LGBTQ+ family members who already face unique challenges.ā
The organizations’ brief cited extensive social science research pointing to the benefits of LGBTQ-inclusive instruction like “age-appropriate storybooks featuring diverse families and identities” benefits all students regardless of their identities.
Also weighing in with amici briefs on behalf of Montgomery County Public Schools were the National Education Association, the ACLU, and the American Psychological Association.
Those writing in support of the parents challenging the district’s policy included the Center for American Liberty, the Manhattan Institute, Parents Defending Education, the Alliance Defending Freedom, the Trump-Vance administration’s U.S. Department of Justice, and a coalition of Republican members of Congress.
U.S. Supreme Court
LGBTQ groups: SCOTUS case threatens coverage of preventative services beyond PrEP
Kennedy v. Braidwood oral arguments heard Monday

Following Monday’s oral arguments before the U.S. Supreme Court in Kennedy v. Braidwood Management, Inc., LGBTQ groups issued statements warning the case could imperil coverage for a broad swath of preventative services and medications beyond PrEP, which is used to reduce the risk of transmitting HIV through sex.
Plaintiffs brought the case to challenge a requirement that insurers and group health plans cover the drug regimen, arguing that the mandate “encourage[s] homosexual behavior, intravenous drug use, and sexual activity outside of marriage between one man and one woman.ā
The case has been broadened, however, such that cancer screenings, heart disease medications, medications for infants, and several other preventive care services are in jeopardy, according to a press release that GLAAD, Lambda Legal, PrEP4All, Harvard Lawās Center for Health Law and Policy Innovation (CHLPI), and the Center for HIV Law and Policy (CHLP) released on Monday.
The Trump-Vance administration has argued the independent task force responsible for recommending which preventative services must be covered with no cost-sharing for patients is constitutional because the secretary of the U.S. Department of Health and Human Services can exercise veto power and fire members of the volunteer panel of national experts in disease prevention and evidence-based medicine.
While HHS secretaries have not exercised these powers since the Affordable Care Act was passed in 2010, Braidwood could mean Trump’s health secretary, Robert F. Kennedy Jr., takes a leading role in determining which services are included in the coverage mandate.
Roll Call notes the Supreme Court case comes as the administration has suspended grants to organizations that provide care for and research HIV while the ongoing restructuring of HHS has raised questions about whether the āEnding the HIV Epidemicā begun under Trump’s first term will be continued.
āTodayās Supreme Court hearing in the Braidwood case is a pivotal moment for the health and rights of all Americans,” said GLAAD President Sarah Kate Ellis. “This case, rooted in discriminatory objections to medical necessities like PrEP, can undermine efforts to end the HIV epidemic and also jeopardize access to essential services like cancer screenings and heart disease medications, disproportionately affecting LGBTQ people and communities of color.”
She added, “Religious exemptions should not be weaponized to erode healthcare protections and restrict medically necessary, life-saving preventative healthcare for every American.ā
Lambda Legal HIV Project Director Jose Abrigo said, āThe Braidwood case is about whether science or politics will guide our nationās public health policy. Allowing ideological or religious objections to override scientific consensus would set a dangerous precedent. Although this case began with an attack on PrEP coverage, a critical HIV prevention tool, it would be a serious mistake to think this only affects LGBTQ people.”
“The real target is one of the pillars of the Affordable Care Act: The preventive services protections,” Abrigo said. “That includes cancer screenings, heart disease prevention, diabetes testing, and more. If the plaintiffs succeed, the consequences will be felt across every community in this country, by anyone who relies on preventive care to stay healthy.”
He continued, “Whatās at stake is whether we will uphold the promise of affordable and accessible health care for all or allow a small group of ideologues to dismantle it for everyone. We as a country are only as healthy as our neighbors and an attack on one groupās rights is an attack on all.ā
PrEP4All Executive Director Jeremiah Johnson said, “We are hopeful that the justices will maintain ACA protections for PrEP and other preventive services, however, advocates are poised to fight for access no matter the outcome.”
He continued, “Implementing cost-sharing would have an enormous impact on all Americans, including LGBTQ+ individuals. Over 150 million people could suddenly find themselves having to dig deep into already strained household budgets to pay for care that they had previously received for free. Even small amounts of cost sharing lead to drops in access to preventive services.”
“For PrEP, just a $10 increase in the cost of medication doubled PrEP abandonment rates in a 2024 modeling study,” Johnson said. “Loss of PrEP access would be devastating with so much recent progress in reining in new HIV infections in the U.S. This would also be a particularly disappointing time to lose comprehensive coverage for PrEP with a once every six month injectable version set to be approved this summer.ā
āTodayās oral arguments in the Braidwood case underscore what is at stake for the health and well-being of millions of Americans,” said CHLPI Clinical Fellow Anu Dairkee. “This case is not just about legal technicalities ā it is about whether people across the country will continue to have access to the preventive health services they need, without cost sharing, regardless of who they are or where they come from.”
She continued, “Since the Affordable Care Actās preventive services provision took effect in 2010, Americans have benefited from a dramatic increase in the use of services that detect disease early, promote healthy living, and reduce long-term health costs. These benefits are rooted in the work of leading scientists and public health experts, including the U.S. Preventive Services Task Force, whose recommendations are based on rigorous, peer-reviewed evidence.”
“Any shift away from cost-free access to preventive care could have wide-ranging implications, potentially limiting access for those who are already navigating economic hardship and health disparities,” Dairkee said. “If Braidwood prevails, the consequences will be felt nationwide. We risk losing access to lifesaving screenings and preventive treatments that have become standard care over the past decade.”
“This case should serve as a wake-up call: Science, not politics, must guide our health care system,” she said. “The health of our nation depends on it.ā
āWe are grateful for the Justices who steadfastly centered constitutionality and didn’t allow a deadly political agenda to deter them from their job at hand,” said CHLP Staff Attorney Kae Greenberg. “While we won’t know the final decision until June, what we do know now is not having access to a full range of preventative healthcare is deadly for all of us, especially those who live at the intersections of racial, gender and economic injustice.”
“We are crystal clear how the efforts to undermine the ACA, of which this is a very clear attempt, fit part and parcel into an overall agenda to rollback so much of the ways our communities access dignity and justice,” he said. “Although the plaintiffsā arguments today were cloaked in esoteric legal language, at itās heart, this case revolves around the Christian Rightās objection to ‘supporting’ those who they do not agree with, and is simply going to result in people dying who would otherwise have lived long lives.”
“This is why CHLP is invested and continues in advocacy with our partners, many of whom are included here,” Greenberg said.
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