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Obama earns mixed reviews on LGBT progress

Is the president our ‘fierce advocate’ or a disappointment?

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Once hailed as a ‘fierce advocate’ of LGBT equality, President Obama now inspires mixed reviews from activists. (Photo by Pete Souza; courtesy of the White House)

After 18 months in office, the harsh realities of politics and compromise have caught up to President Obama. Hailed as a champion of LGBT rights during the 2008 campaign, LGBT rights advocates now give Obama mixed reviews for his performance to date.

In a statement to the Blade, Joe Solmonese, president of the Human Rights Campaign, said “there’s no doubt” that Obama has done more for LGBT people than any other U.S. president in history.

“Within the constraints of current law, he’s advanced policies that will vastly improve the lives of tens of millions,” Solmonese said. “Has change occurred quickly enough? No. The pace of change will never be quick enough for a community that is consistently denied their equality.”

Solmonese noted that LGBT people continue to face inequality on “a whole host of fronts” that could be remedied through legislative or policy change.

“But none of that obscures the fact that this president has and will continue to be our partner and advocate,” Solmonese said.

But Richard Socarides, a gay New York attorney who was an adviser to former President Clinton, has a very different view of Obama’s tenure. Socarides said there’s a “pretty strong consensus that it’s been a disappointing 18 months.”

Among Obama’s early disappointments, Socarides said, was the invitation to Rick Warren, pastor of the Saddleback Church in California and staunch opponent of same-sex marriage, to give the invocation during last year’s inauguration.

More recently, Socarides said he was unhappy that Obama approved a “Don’t Ask, Don’t Tell” repeal compromise that “did not include a non-discrimination rule, nor even actual repeal.”

“When Obama took office, these were our priorities: open military service, a federal statute banning workplace discrimination, and repeal of federal anti-marriage laws,” Socarides said. “You tell me how we’re doing.”

Socarides also criticized the White House for failing to install a senior official whose primary responsibility is LGBT rights, much like the role he held in the Clinton administration.

“There is no gay person in Obama’s inner circle, period,” Socarides said.

Shin Inouye, a White House spokesperson, said Obama ran on a commitment to bring change to all Americans — including LGBT people — and since taking office, the president has “taken many steps toward achieving that goal.”

Inouye noted the signing of federal hate crimes legislation as among Obama’s accomplishments for LGBT people and said the president looks forward to signing more pro-LGBT legislation.

“The president and his administration remain committed to achieving equality for all, and it’s clear that we’re moving forward,” Inouye said.

Two years ago, he issued an open letter during Pride month outlining his promises to the LGBT community.

“I’m running for president to build an America that lives up to our founding promise of equality for all — a promise that extends to our gay brothers and sisters,” Obama wrote at the time. “It’s wrong to have millions of Americans living as second‐class citizens in this nation. And I ask for your support in this election so that together we can bring about real change for all LGBT Americans.”

In the letter, Obama pledged to “place the weight” of his administration behind the enactment of hate crimes protections legislation and to pass a trans-inclusive Employment Non-Discrimination Act.

Obama has sometimes been credited with having a role in the decision to advance the hate crimes legislation last year as an amendment to defense authorization legislation.

Progress on ENDA, on the other hand, has been stagnant. The bill remains pending before committees in the House and Senate and many supporters are concerned that lawmakers won’t take up the bill by year’s end.

Mara Keisling, executive director of the National Center for Transgender Equality, noted that Obama “exerted appropriate influence” in guiding the hate crimes legislation toward passage.

On ENDA, Keisling said the administration has been “as helpful as they can be” to this point, and she expects the president “will be a lot more helpful once it starts moving.”

At this point, Keisling said “there really hasn’t yet been much for them to do” on ENDA.

Keisling noted that for congressional hearings on ENDA last year in the House and Senate, the administration sent officials who provided “really great testimony” in favor of moving forward with the legislation.

“If the president had prioritized ENDA instead of, I don’t know, health care reform or financial reform or bank bailouts, we’d be better off, but he prioritized what he prioritized,” she said. “I’m very hopeful that when ENDA does start moving, the White House will be extremely supportive and will help get it done.”

Also in the letter, Obama promised to “use the bully pulpit” to urge states to treat same-sex couples equally in their family and adoption laws. He additionally advocated for the establishment of civil unions as the best way to advance rights for LGBT couples.

“But I also believe that the federal government should not stand in the way of states that want to decide on their own how best to pursue equality for gay and lesbian couples — whether that means a domestic partnership, a civil union, or a civil marriage,” Obama wrote.

Additionally, the presidential candidate said he supported “complete repeal” of the Defense of Marriage Act.

“Federal law should not discriminate in any way against gay and lesbian couples, which is precisely what DOMA does,” Obama wrote.

Obama has stuck to his position on same-sex marriage as several jurisdictions — such as Iowa, Vermont, New Hampshire and D.C. — have advanced marriage rights for same-sex couples. The White House has either said nothing in response to those developments or reiterated that Obama prefers civil unions.

Evan Wolfson, executive director of the New York-based Freedom to Marry, said Obama has “taken some positive steps” in advocating for same-sex couples, but hasn’t “matched his actions to his words.”

Wolfson said Obama should be leading the fight to repeal DOMA legislatively through the Respect for Marriage Act, a bill pending in the U.S. House, and should stop urging judges to “rubberstamp” DOMA in Justice Department briefs defending the statute against legal challenges.

“And, most importantly, he should make the case to the American people that same-sex couples deserve fair and equal treatment under the law — using personal stories and appeals to values such as fairness, respect for commitment and the Golden Rule,” Wolfson said.

Another item that Obama mentioned in the letter is repeal of “Don’t Ask, Don’t Tell.” Late last month, Congress voted in favor of a compromise measure that would end the law after the Pentagon completes its study on the issue at the end of the year.

Alex Nicholson, executive director of Servicemembers United, said the White House’s endorsement of the compromise the week that Congress voted on it was helpful in finding the votes needed to advance the measure.

“The fact that the White House was willing to come out and publicly support a repeal plan and get the Pentagon to do the same was a critical element in getting that passed in the Senate Armed Services Committee,” Nicholson said.

Still, Nicholson said he didn’t know how involved Obama was in lobbying members of the House and Senate directly to vote in favor of repeal once the deal was reached.

Also in the letter, Obama pledged to work to address HIV/AIDS, arguing that “we do not have to choose between values and science” in working to fight the epidemic.

“While abstinence education should be part of any strategy, we also need to use common sense,” he wrote. “We should have age‐appropriate sex education that includes information about contraception.”

Carl Schmid, deputy executive director of the AIDS Institute, said he had mixed feelings about Obama’s track record on the matter.

“There have been a lot of positives, but there still needs to be greater attention in response and resources,” he said.

Schmid said Obama has followed through on his plans to confront HIV/AIDS through scientific means and has set out to eliminate “abstinence-only” sex education programs through the budget process.

But Schmid noted the abstinence-only sex education programs were reinstated by amendment in the passage of the health care reform legislation.

“It’s not in the appropriations bill, but it’s in the managerial program now, just like it was in the past,” he said.

Schmid cited the reauthorization of the Ryan White Care Act as an accomplishment regarding HIV/AIDS, as well as passage of health care reform legislation, which he called a “huge, huge, huge accomplishment.”

He said the White House was of limited help, though, in pushing to renew funding under the Ryan White Care Act.

“The administration was very slow in getting their principle and positions out on getting the Ryan White reauthorized,” he said. “They didn’t speak out and early enough. Ryan White is up for renewal in 2013 — right before all this health care reform kicks in. We’re going to need the administration’s support for the continuation of Ryan White after 2013.”

Noting a national AIDS strategy is currently being developed in the White House, Schmid said he hopes the plan will provide the discussion of homosexuality at appropriate ages in sex education programs because HIV is often transmitted through men who have sex with men.

Schmid gave Obama credit for lifting the travel ban that prevented foreign nationals with HIV from entering the country, although he noted this process began under the Bush administration with the passage of the President’s Emergency Plan for AIDS Relief legislation.

Obama closed his letter by calling on people to step “outside our comfort zone” to win broader support for LGBT rights in places often considered homophobic, such as black churches.

“If we want to repeal DOMA, repeal ‘Don’t Ask, Don’t Tell,’ and implement fully inclusive laws outlawing hate crimes and discrimination in the workplace, we need to bring the message of LGBT equality to skeptical audiences as well as friendly ones — and that’s what I’ve done throughout my career,” Obama wrote.

In the letter, Obama noted that he spoke out against homophobia during the presidential campaign at the Ebenezer Baptist Church in Atlanta, Ga., where Martin Luther King, Jr. once preached.

Obama also spoke out against homophobia during a February speech at the National Prayer Breakfast in D.C., a gathering of Christian evangelical leaders. And late last month, Obama spoke in favor of LGBT rights during his keynote speech at the National Association for the Advancement of Colored People’s centennial convention.

Sharon Lettman, executive director of the National Black Justice Coalition, said Obama has “absolutely” been faithful to his promise of speaking out in favor of LGBT rights in places that are sometimes deemed unfriendly to LGBT people.

“I’ve experienced it on a number of occasions in predominantly black or all black venues,” she said. “Even in his normal stump speech, he makes reference to his support of LGBT equality.”

Lettman said as the first black president, Obama has a special role to play in educating black Americans about the LGBT community.

“He makes a point to always be inclusive,” she said. “He doesn’t selectively leave it out — not just in black churches, but in front of civil rights leaders and civil rights venues, like the NAACP convention, and other areas.”

Lettman said Obama is “definitely trying to paint a picture of one America” in his actions and his speeches.

“In so many ways, even in the progressive agenda, people don’t always select to include our community,” she said, “and I have to give him a lot of credit for making sure that he speaks with one voice about his support for LGBT equality.”

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Federal Government

Top Democrats reintroduce bill to investigate discrimination against LGBTQ military members

Takano, Jacobs, and Blumenthal sponsored measure

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U.S. Rep. Mark Takano (D. Calif.) speaks at a Hispanic Federation press conference outside U.S. Capitol on July 9, 2024. (Washington Blade photo by Michael Key)

Multiple high-ranking members of Congress reintroduced the Commission on Equity and Reconciliation in the Uniformed Services Act into the U.S. House of Representatives and the U.S. Senate, aiming to establish a commission to investigate discriminatory policies targeting LGBTQ military members.

Three leading Democratic members of Congress — U.S. Rep. Mark Takano (D-Calif.), who is the House Veterans’ Affairs Committee’s ranking member and chairs the Congressional Equality Caucus; U.S. Sen. Richard Blumenthal (D-Conn.), who is the Senate Veterans’ Affairs Committee’s ranking member; and U.S. Rep. Sara Jacobs (D-Calif.) — introduced the bill on Tuesday.

The bill, they say, would establish a commission to investigate the historic and ongoing impacts of discriminatory military policies on LGBTQ servicemembers and veterans.

This comes on the one-year anniversary of the Trump-Vance administration’s 2025 Executive Order 14183, titled “Prioritizing Military Excellence and Readiness,” which essentially banned transgender servicemembers from openly serving in the Armed Forces, leading to the forced separation of thousands of capable and dedicated servicemembers.

In a joint statement, Takano, Blumenthal, and Jacobs shared statistics on how many service members have had their ability to serve revoked due to their sexual orientation:

“Approximately 114,000 servicemembers were discharged on the basis of their sexual orientation between WWII and 2011, while an estimated 870,000 LGBTQ servicemembers have been impacted by hostility, harassment, assault, and law enforcement targeting due to the military policies in place,” the press release reads. “These separations are devastating and have long-reaching impacts. Veterans who were discharged on discriminatory grounds are unable to access their benefits, and under the Trump administration, LGBTQ+ veterans and servicemembers have been openly persecuted.”

The proposed commission is modeled after the Congressional commission that investigated and secured redress for Japanese Americans interned during World War II. Takano’s family was among the more than 82,000 Japanese Americans who received an official apology and redress payment under that commission.

The press release notes this is a major inspiration for the act.

“Qualified servicemembers were hunted down and forced to leave the military at the direction of our government,” said Takano. “These practices have continued, now with our government targeting transgender servicemembers. The forced separation and dishonorable discharges LGBTQ+ people received must be rectified, benefits fully granted, and dignity restored to those who have protected our freedoms.”

“LGBTQ+ servicemembers have long been the target of dangerous and discriminatory policies—resulting in harassment, involuntary discharge, and barriers to their earned benefits,” said Blumenthal. “Establishing this commission is an important step to understand the full scope of harm and address the damage caused by policies like ‘Don’t Ask, Don’t Tell.’ As LGBTQ+ servicemembers and veterans face repugnant and blatant bigotry under the Trump administration, we will keep fighting to secure a more equitable future for all who serve our country in uniform.”

“Instead of righting wrongs and making amends to our LGBTQ+ service members and veterans who’ve suffered injustices for decades, I’m ashamed that the Trump administration has doubled down: kicking trans folks out of the military and banning their enlistment,” said Jacobs. “We know that LGBTQ+ service members and veterans have faced so much ugliness — discrimination, harassment, professional setbacks, and even violence — that has led to unjust discharges and disparities in benefits, but we still don’t have a full picture of all the harm caused. That needs to change. That’s why I’m proud to co-lead this bill to investigate these harms, address the impacts of discriminatory official policies like ‘Don’t Ask, Don’t Tell’ and the transgender military ban, and ensure equity and justice for our LGBTQ+ service members and veterans.”

Takano and Jacobs are leading the bill in the House, while Blumenthal is introducing companion legislation in the Senate.

Takano’s office has profiled and interviewed LGBTQ servicemembers who were harmed by discriminatory policies in the uniformed services.

The Commission on Equity and Reconciliation in the Uniformed Services Act is supported by Minority Veterans of America, Human Rights Campaign, Equality California, SPARTA, and the Transgender American Veterans Association.

In recent weeks, thousands of trans military members were forcibly put into retirement as a result of Trump’s executive order, including five honored by the Human Rights Campaign with a combined 100 years of service, all due to their gender identity: Col. Bree B. Fram (U.S. Space Force), Commander Blake Dremann (U.S. Navy), Lt. Col. (Ret.) Erin Krizek (U.S. Air Force), Chief Petty Officer (Ret.) Jaida McGuire (U.S. Coast Guard), and Sgt. First Class (Ret.) Catherine Schmid (U.S. Army).

Multiple career service members spoke at the ceremony, including Takano. Among the speakers was Frank Kendall III, the 26th U.S. Air Force secretary, who said:

“We are in a moment of crisis that will be worse before it is better. Members of my father’s and mother’s generation would ask each other a question: what did you do during the war? Someday we will all be asked what we did during this time. Please think about the answer that you will give.”

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Gay men, ketamine, and trauma. A therapy or a trap?

For many, the escape doesn’t last

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(Photo by Jon Cherry)

Uncloseted Media published this article on Jan. 24.

This story was produced with the support of MISTR, a telehealth platform offering free online access to PrEP, DoxyPEP, STI testing, Hepatitis C testing and treatment and long-term HIV care across the U.S. MISTR did not have any editorial input into the content of this story.

This story talks about addiction and substance use. If you or someone you know needs help, resources can be found here.

By SAM DONNDELINGER | In 2015, on the patio of Nowhere Bar, a queer nightclub in Louisville, Ky., music pulsed and bodies pressed as 23-year-old Lucas Pearson moved through the flashing lights and a blur of grinding limbs.

“I just randomly started talking to this guy,” he recalls. “He had this little spoon on a necklace, scooped out a hit of white powder, and handed it to me.”

Pearson sniffed it. Euphoria washed over him, time began to slow and the dancing bodies faded into a soft haze. For more than 10 minutes, Pearson felt “entirely present.” His social anxiety, depression, and any sadness he was feeling melted away.

While Pearson wouldn’t use ketamine again for the next five years, he says the feeling of ease the drug gave him was always “in the back of [his] mind.” So when he tried it for a second time in 2020 at a farm in upstate Kentucky, he liked the way it felt to disassociate from his childhood trauma.

“We got really messed up that night on it, and I was like, ‘I love this. I’ve missed this,’” Pearson told Uncloseted Media. “‘And I’m ready for some more.’”

Over the next three years, Pearson began using every day. Working remotely in the health care industry, no one checked in on him as long as he got his work done. He used ketamine at nightclubs, social events, game nights with friends and, eventually, at home alone.

“I was actively hooked on it,” he says. “I didn’t wanna do much of anything other than find that dissociating feeling. I just kept chasing it.”

While evidence suggests that most psychedelics have a lower risk of addiction than other drugs, ketamine is an exception, in part because it affects dopamine levels. In a 2007 bulletin from the Multidisciplinary Association for Psychedelic Studies, one researcher noted that after ketamine was invented in 1962, it developed a “reputation for insidiously trapping those who really knew better.” As a dissociative drug, ketamine induces a sense of detachment from one’s body, producing a trance-like state marked by pain relief, amnesia, euphoria, and a distortion of reality.

Despite declines in the use of other recreational drugs such as cocaine, ecstasy and nitrous oxide, ketamine use continues to rise, with one study finding that use increased by 81.8 percent from 2015 to 2019 and rose another 40 percent from 2021 to 2022. That increase is driven in part by ketamine’s growing legitimacy as a treatment for depression, anxiety, OCD, trauma, and even addiction.

As a result, ketamine clinics have proliferated across the U.S. with relatively few guardrails. At least a thousand clinics now offer off-label ketamine treatments outside of FDA-approved protections. Many commercial providers advertise same-day appointments and “almost immediate results.”

Alex Belser, a psychologist who studies psychedelic use in the queer community, says ketamine use has become pervasive among gay men. A 2025 study found that gay and lesbian adults in the U.S. are almost four times more likely to use ketamine than their heterosexual counterparts, and a 2011 study from the U.K. found that queer men were over three times more likely than queer women to use the drug.

Belser thinks ketamine use is so popular among gay men in part because of the high rates of loneliness, rejection, and trauma they experience. “Ketamine is not inherently good or bad. When used thoughtfully with integrity, with good protocols, it can be a really helpful medicine. But if left unregulated, with the amount of access and normalization we have, it can lead to addiction, harm, isolation, and bad outcomes,” he says.

Belser believes health misinformation is fueling a misunderstanding among gay men about the actual harm the drug can cause. “The medical and clinical communities have failed people by not adequately telling them that ketamine can lead to addiction and problematic outcomes,” he says. “It can serve people, but it can also damage people.”

‘Happy people don’t do ketamine’

Part of the appeal of ketamine is that dissociative feelings can relieve depressive symptoms, making it alluring to those who have trauma or mental health disorders. While properly regulated treatment works for some people, psychiatrist Owen Bowden-Jones says that he senses “the vast majority [of those addicted] are using it to self-medicate for emotional distress.”

“I always wanted to numb out my past,” says Pearson. “For the longest time, I saw ketamine as a possible way out.”

Pearson, now 33, was raised in a conservative and religious family. When he came out as gay to his mom at 16, he cried so much that he couldn’t speak and had to write it on a piece of paper and hand it to her.

“She stormed out of the house and ended up calling every member of the family and outing me. So that was really painful,” he says. “My whole childhood, I did not feel like I could be who I knew I was.”

“So when I picked up drugs, it was definitely a thought in my mind: This life that I lived as a child, I don’t want to feel it anymore,” he says. “I just want to numb it.”

One study shows that gay men are over three times as likely to develop PTSD compared to their heterosexual counterparts. Trauma can be one event or a “long string of daily hurts, such as … homophobia, bullying, and time spent in the closet,” according to Chris Tompkins, a licensed family therapist who works with gay men. Research shows that people who experience trauma are more likely to have addiction issues.

J, a 33-year-old marketing researcher based in Los Angeles, says his ketamine use began casually in his early 20s in New York’s queer nightlife scene, where the drug circulated freely. What started as an occasional escape intensified during the pandemic, when isolation, depression, and easy access turned ketamine into a daily habit.

“There’s a pretty fair connection between feelings of not being normal and my ketamine addiction,” J told Uncloseted Media. “I was bullied for being more feminine. My sexuality was a subject of speculation and that forced me to close down. So something like a dissociative drug is appealing because it either allows me to continue those blocks or to bring down the barriers.”

“There was a night when I had done K for the first time in a while, and the next couple of days, I felt so good,” he says. “I felt like my depression had lifted, and that feeling of doubt and fear I’d had throughout my life was totally gone.”

After that night, J, who asked to use a first initial to protect his identity, started using ketamine daily to chase the feeling of euphoria and relief. He got a prescription for ketamine treatment therapy, but he says it wasn’t enough.

“There were days when I would go do an infusion of ketamine and I would do more at home on my own. If I have the ability to escape feelings, to numb feelings, I will go after that.”

Many ketamine clinics in the U.S. advertise ketamine therapy as a cure-all. For example, the online clinic Better U promises that ketamine therapy will help you say goodbye to “Trauma,” “Chronic Stress,” “Depression and Anxiety,” “OCD,” “PTSD” and “Grief.”

What the clinic doesn’t note on its landing page is the possibility of addiction, which is what happened to J. While a common dose of ketamine is between 30-75 mg, J began using multiple grams a day. He spent thousands of dollars a month on ketamine and began structuring his life around the drug. “It stopped being about going out or having fun,” he says. “It just became what I did day in and day out.”

“Happy people don’t do ketamine,” Tasha, who is in recovery from a six-year-long addiction, told Uncloseted Media. She first tried the drug for fun at 17, but it became a problem after her father died when she was 26. At her peak, she was taking six to nine grams every day and up to 24 grams over the weekends.

“The wheels just fell off,” she says. “It’s an escapism drug — of course people with more trauma will do it more. You want to forget about everything so you take it and then it stops becoming fun and you don’t want to see your friends anymore. You just stay in your home behind closed doors sniffing K to get out of your head.”

The physical consequences of ketamine

Tasha didn’t know that chronic ketamine use can cause inflammation, ulceration, and damage or scarring to the bladderliver, kidneys, and gallbladder. After using it for six years, she checked herself into the intensive care unit.

“I was just writhing in pain from K cramps, like a sharp stabbing pain under your ribs,” she says. “The trouble is, nothing works to fix them. The only thing that helps is doing more K. I had no idea it was so painful,” says Tasha, adding that she’s seen four people die from ketamine addiction in the last three years.

“There were times in my use where I would be screaming in bed in the worst agony I’ve ever felt in my life,” J says. “The only thing that made the pain better was using more drugs. It got to the point that I needed to have some amount of K in my system to function.”

“There is a massive explosion of ketamine use and addiction,” Mo Belal, a consultant urological surgeon and an expert on the severe bladder and kidney damage caused by chronic ketamine abuse, told Uncloseted Media. “The trouble is, it’s impossible to treat bladder and kidney damage when people are still using.”

Belal says that for those seeking treatment, there are no specific ketamine rehabilitation programs in the U.S. “Addiction and pain management services need to be involved in healing from ketamine abuse, because the drug’s effects often require specialized support.”

Belal says that during a one-hour rehab session, someone experiencing severe ketamine-related bladder pain might need to leave every 20 minutes, making it difficult for the patient to stay engaged.

“We need more awareness,” he says. “We need more centers for ketamine rehabilitation.”

Education and awareness

While there is some research about the effects of ketamine, Belser could not point to any studies that focus on how the drug intersects with gay men experiencing trauma. “The community of ketamine researchers and prescribers has been naive historically in understanding the habit-forming properties of ketamine,” he says. “What are the effects of ketamine use, good or bad, for gay men experiencing trauma, lifelong discrimination, and family rejection? We don’t know, because critical research hasn’t been funded.”

The Drug Enforcement Administration classifies ketamine’s abuse potential as moderate to low, a designation that may contribute to limited public education about its risks, including dependence and long-term side effects. Many people who encounter ketamine on the dance floor think it’s a healthy alternative to alcohol because they believe it’s non-addictive and it doesn’t give you a hangover.

“I did think that it was pretty safe when I was using and I didn’t think it was going to be addictive,” Pearson says.

Pearson, who has been clean for two years, says it wasn’t until he reached out to a friend who had recovered from ketamine use that he began getting clean. “I saw how happy my friend was in recovery, how normal his life felt. … And I knew that was the life I wanted.”

Similarly, for J, he felt alone in his ketamine addiction. It wasn’t until he found a queer-centered substance rehab program in LA that he felt some hope.

“It helped patch some of the missing pieces to my experiences in treatment before,” he says. “I think that relapse is a part of every addict’s story and every recovery story. But I think my relapses indicated that I still had some unresolved trauma and deep wounds that I hadn’t been aware of yet. And I think being around queer people in recovery has been helpful for me to feel a lot more comfortable with myself.”

Today, J is in therapy, continuing to break down the walls of his childhood trauma. Pearson is in a 12-step program after doing intensive therapy in his first few months of sobriety to help “clear up a lot of traumatic things that happened” in his past.

“I finally realized how far I’d drifted from everyone in my life — my friends, my family, even myself,” Pearson says. “I was chasing this feeling of disappearance, and it almost cost me everything. If I hadn’t stopped when I did, I don’t think I’d still be here. Getting sober gave me my life back, and I don’t ever want to lose that again.”

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Federal Government

Trump-appointed EEOC leadership rescinds LGBTQ worker guidance

The EEOC voted to rescind its 2024 guidance, minimizing formally expanded protections for LGBTQ workers.

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Equal Employment Opportunity Commission seal, gay news, Washington Blade

The U.S. Equal Employment Opportunity Commission voted 2–1 to repeal its 2024 guidance, rolling back formally expanded protections for LGBTQ workers.

The EEOC, which is composed of five commissioners, is tasked with enforcing federal laws that make workplace discrimination illegal. Since President Donald Trump appointed two Republican commissioners last year — Andrea R. Lucas as chair in January and Brittany Panuccio in October — the commission’s majority has increasingly aligned its work with conservative priorities.

The commission updated its guidance in 2024 under then-President Joe Biden to expand protections to LGBTQ workers, particularly transgender workers — the most significant change to the agency’s harassment guidance in 25 years.

The directive, which spanned nearly 200 pages, outlined how employers may not discriminate against workers based on protected characteristics, including race, sex, religion, age, and disability as defined under federal law.

One issue of particular focus for Republicans was the guidance’s new section on gender identity and sexual orientation. Citing the 2020 U.S. Supreme Court’s Bostock v. Clayton County decision and other cases, the guidance included examples of prohibited conduct, such as the repeated and intentional use of a name or pronoun an individual no longer uses, and the denial of access to bathrooms consistent with a person’s gender identity.

Last year a federal judge in Texas had blocked that portion of the guidance, saying that finding was novel and was beyond the scope of the EEOC’s powers in issuing guidance.

The dissenting vote came from the commission’s sole Democratic member, Commissioner Kalpana Kotagal.

“There’s no reason to rescind the harassment guidance in its entirety,” Kotagal said Thursday. “Instead of adopting a thoughtful and surgical approach to excise the sections the majority disagrees with or suggest an alternative, the commission is throwing out the baby with the bathwater. Worse, it is doing so without public input.”

While this now rescinded EEOC guidance is not legally binding, it is widely considered a blueprint for how the commission will enforce anti-discrimination laws and is often cited by judges deciding novel legal issues. 

Multiple members of Congress released a joint statement condemning the agency’s decision to minimize worker protections, including U.S. Reps. Teresa Leger Fernández (D-N.M.), Grace Meng (D-N.Y.), Mark Takano (D-Calif.), Adriano Espaillat (D-N.Y.), and Yvette Clarke (D-N.Y.) The rescission follows the EEOC’s failure to respond to or engage with a November letter from Democratic Caucus leaders urging the agency to retain the guidance and protect women and vulnerable workers.

“The Equal Employment Opportunity Commission is supposed to protect vulnerable workers, including women, people of color, and LGBTQI+ workers, from discrimination on the job. Yet, since the start of her tenure, the EEOC chair has consistently undermined protections for women, people of color, and LGBTQI+ workers. Now, she is taking away guidance intended to protect workers from harassment on the job, including instructions on anti-harassment policies, training, and complaint processes — and doing so outside of the established rule-making process. When workers are sexually harassed, called racist slurs, or discriminated against at work, it harms our workforce and ultimately our economy. Workers can’t afford this — especially at a time of high costs, chaotic tariffs, and economic uncertainty. Women and vulnerable workers deserve so much better.”

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