News
White House won’t predict whether Trump will undo LGBT orders
Many fear president-elect will reverse executive actions

On the day after President-elect Donald Trump’s surprise win, White House Press Secretary Josh Earnest wouldn’t say whether he thinks the new president would reverse the Obama administration’s LGBT executive actions.
In response to a question from the Washington Blade on whether the White House could protect them, Earnest declined to speculate “about what President-elect Trump may or may not do,” but insisted President Obama undertook those actions “with a long-term perspective.”
“His approach to policymaking has been to be cognizant of the long-term implications of the decisions he’s making and it means that he’s making these decisions with the assumption that the decisions will be durable, they’ll be in place for some time and that the benefits that the American people will enjoy as a result of those decisions will be present for a long time,” Earnest said. “So that’s been his approach since his first day in office, but ultimately the approach that President-elect Trump takes is one that he alone will determine.”
Many fear Trump, who has pledgedĀ to undo Obama’s executive actions he thinks are unconstitutional or harmful to business, would reverse the president’s executive actions in favor of LGBT rights, such as the 2014 directive prohibiting anti-LGBT workplace discrimination among federal contractors. Trump has already said he’d rescind the Obama administration guidance barring schools from discriminating against transgender students, including by barring them from using the restroom consistent with their gender identity.
Trump also said he would appoint to the U.S. Supreme Court justices in the mold of the late U.S. Associate Justice Antonin Scalia, which could conceivably reverse the decision in favor of same-sex marriage nationwide, although such an outcome would be difficult to achieve.
Asked for President Obama’s message to LGBT people as well as other groups, such as immigrants and Muslims, who fear persecution under a Trump administration, Earnest said people who believe “passionately and strongly” about LGBT issues should continue to stand up for what they believe.
Echoing remarks President Obama made in the White House Rose Garden on Trump’s win, Earnest said “progress in our country hasn’t moved along a straight line and progress that we make in some of these areas is characterized by two steps forward and one step back.”
“Sometimes it’s characterized by delayed progress,” Earnest said. “The observation President Obama would make is the best response to that is not to lose hope, or to be cynical, or to withdraw from the public discourse. It actually calls for greater engagement. It calls for more people who passionately and strongly feel about these issues to stand up for what they believe in.”
Earnest noted the nation is committed to democratic institutions, which he said serve both the American people well and are important for our leaders to rely on because they have “served very well some of country’s greatest presidents.”
“Our country has benefited from a steadfast commitment to a set of democratic institutions, and these institutions have been durable even through a civil war, through a couple of world wars, through financial calamities, and the president has enormous confidence and faith in those institutions, in part, because those institutions are made up of patriotic Americans,” Earnest said.
Earnest drew on remarks Hillary Clinton made Wednesday in her concession speech, saying she put it best when she said, “It’s worth fighting for what’s right.”
“I think Secretary Clinton intended that as very good advice for people who may be feeling discouraged today, and it’s understandable that people are feeling discouraged because you’re going to be disappointed when the candidate that you supported in the election doesn’t win,” Earnest said. “But even the losing candidate in this case does not think that should be used as an excuse to withdraw from the public debate and public discourse. If anything, it should serve as a motivation to become even more deeply engaged and more deeply involved and not just in a presidential election.”
In June, the Washington Blade published an article on Obama’s executive actions related toĀ LGBT rights, as compiled by the Center for American Progress, that a President Trump could undo. Here’s the list:
Obamaās LGBT executive actions Trump could undo
ā Executive Order prohibiting federal contractors from discriminating on the basis of sexual orientation or gender identity.
ā Final rule in May 2016 that protected LGBT people from discrimination in healthcare and insurance under the Affordable Care Act.
ā Prison Rape Elimination Act implementation regulations in May 2012 to directly protect LGBT people.
ā Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity Rule in February 2012, protecting LGBT people in all HUDĀ-funded programs.
ā Comprehensive guidance in May 2016 on their interpretation of Title IX, clarifying that public schools receiving federal funding must treat transgender students in accordance with their gender identity.
ā Guidance in July 2013 that all immigration visa petitions filed on behalf of a sameĀ-sex spouse would be reviewed in the same manner as those filed on behalf of an oppositeĀ-sex spouse.
ā The Global Equality Fund, launched in 2011, which supports programs that advance the human rights LGBT persons around the world.
ā Public endorsement of the Equality Act in November 2015, supporting comprehensive federal nondiscrimination protections for LGBT people.
Source: Center for American Progress
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.
Virginia
EXCLUSIVE: HRC PAC to endorse Spanberger for Va. governor
Former congresswoman to face off against state’s GOP lieutenant governor

The Human Rights Campaign PAC on Tuesday will endorse Democratic nominee Abigail Spanberger’s run for governor of Virginia, the organization told the Washington Blade.
The former CIA agent-turned-congresswoman, who represented her state’s 7th Congressional District from 2019 to 2025, will face off against Republican Lieutenant Gov. Winsome Earle-Sears in this year’s gubernatorial race.
A Roanoke College survey in February found Spanberger in the lead with a comfortable margin, 39-24, while a trio of polls in January found her ahead by one, five, and 10 percentage points.
Virginia’s incumbent Republican Gov. Glenn Youngkin, who is prohibited from seeking a second term under the state’s constitution, has consistently restricted LGBTQ rights and attacked the transgender community since taking office in 2022.
HRC said Spanberger’s candidacy “offers Virginians renewed hope for a future rooted in equality,” with the group’s president, Kelley Robinson, calling her “a champion for the LGBTQ community.”
Noting the former congresswoman’s co-sponsorship of the Equality Act, legislation that would expand federal anti-discrimination protections to include LGBTQ people, Robinson said Spanberger “understands that Virginiaās future success depends on the full inclusion and protection of all its people.”
HRC’s president added, “As governor, she will work tirelessly to build a Virginia where everyone ā regardless of who they are or who they love ā can live, work, and go to school with dignity, safety, and opportunity. We are thrilled to support her and mobilize pro-equality Virginians to make her the commonwealthās next governor.āĀ
Responding to news of the endorsement, Spanberger said āIām honored to earn the endorsement of the Human Rights Campaign, and Iām ready to work together to build on the progress weāve made to secure equal protections for all Virginians under the law.”
“Affirming that Virginia is a welcoming home for all families goes beyond protecting marriage equality ā it means defending Virginiansā right to live without fear of discrimination or harm,” she said. “As governor, I will work to make sure that no Virginian is denied government services, loses a job, or faces any other form of discrimination because of who they love or who they are.ā
HRC further noted that Spanberger fought to pass the Respect for Marriage Act, which was signed into law in 2022 and codified legal protections for married same-sex and interracial couples, as well as her promise to “defend marriage equality and work with the General Assembly to enshrine marriage equality in Virginiaās constitution.”
Spanberger has also committed to “signing legislation guaranteeing Virginiansā right to access contraception and birth control,” HRC wrote, “and protecting against attempts by extreme judges and politicians to roll back Virginiansā reproductive freedoms.”
By contrast, the organization criticized Sears’s LGBTQ rights record ā noting that in 2004, she pledged to “emphatically support a constitutional amendment” banning same-sex marriage, in 2021, she campaigned with a gubernatorial candidate who said homosexuality was the “work of the devil,” and in 2022, she “dodged questions” about her position on marriage equality and “attempted to rewrite her hateful history.”
Since 1977, with only one exception, Virginia has elected governors who belong to the party that is out of power at the presidential level. The state’s upcoming off-year gubernatorial contest presents an opportunity for Democrats who are eager for a major electoral victory to channel momentum against President Donald Trump and Republican majorities in Congress.
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