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16 states urge Supreme Court to rule workers can be fired for being trans

Nebraska AG leads coalition seeking reversal of pro-trans Sixth Circuit ruling

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Nebraska Attorney General Doug Peterson is leading 16 states in urging the Supreme Court to rule workers can be fired for being trans. (Photo public domain)

A coalition of 16 states led by Nebraska Attorney General Douglas Peterson is urging the U.S. Supreme Court to reverse a federal appeals court decision in favor of a fired transgender funeral home worker and determine workers can be terminated for being transgender.

The states filed a friend-of-the-court brief before the Supreme Court last week in response to a petition urging justices to take up and reverse the U.S. Sixth Circuit Court of Appeals’ ruling in Harris Funeral Homes v. EEOC, which held anti-trans discrimination is unlawful under Title VII of the Civil Rights Act of 1964, which bars sex discrimination.

Alliance Defending Freedom, an anti-LGBT legal firm, filed the underlying petition seeking Supreme Court review and reversal of the Sixth Circuit decision.

Although the Supreme Court is in recess for the summer and has yet to decide whether to take up the case, the states argue anti-transgender discrimination remains lawful despite the Sixth Circuit ruling on a federal basis.

“Unless and until Congress affirmatively acts, our Constitution leaves to the States the authority to determine which protections, or not, should flow to individuals based on gender identity,” the brief says. “The Sixth Circuit ignored this fact and essentially rewrote federal law, engaging in policy experimentation.”

The brief points to writings from the late U.S. Associate Justice Antonin Scalia to argue Congress didn’t intend to cover transgender people under Title VII of the Civil Rights Act of 1964, which bars sex discrimination in the workplace.

“The term ‘gender identity’ does not appear in the text of Title VII or in the regulations accompanying Title VII,” the brief says. “In fact, ‘gender identity’ is a wholly different concept from ‘sex,’ and not a subset or reasonable interpretation of the term ‘sex’ in Title VII. The meaning of the terms ‘sex,’ on the one hand, and ‘gender identity,’ on the other, both now and at the time Congress enacted Title VII, forecloses alternate constructions.”

The filing stands in contrast to mountains of case law that determined anti-trans discrimination amounts to sex discrimination is therefore unlawful under Title VII. In fact, many of those courts rulings are based on the Supreme Court decision written in 1998 by Scalia in Oncale v. Sundower Offshore Services, which determined courts should construe protections under Title VII broadly, even in cases of same-sex harassment.

The brief was filed in case involving Aimee Stephens, a transgender worker who was terminated from her position at Harris Funeral Home in Michigan after she announced she would transition on the job. The owners objected to her continued employment, citing religious concerns.

The U.S. Equal Employment Opportunity Commission chose to represent Stephens based on its findings in the 2012 case of Macy v. Holder, although the American Civil Liberties Union later took up representation of Stephens.

Although the trial court ruled in favor of the funeral home and found the Religious Freedom Restoration Act permitted Stephens’ termination, the Sixth Circuit reversed that and agreed her termination was illegal under Title VII.

Joining Peterson in signing the brief are attorneys general from Alabama, Arkansas, Kansas, Louisiana, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia
Wyoming as well as the governors of Kentucky, Maine and Mississippi.

Harper Jean Tobin, director of policy for the National Center for Transgender Equality, condemned the brief in a statement, saying the signers of the filing “are acting in a complete state of ignorance.”

ā€œThis brief is a political attack on the humanity of transgender people,” Tobin said. “It ignores decades of law and the realities faced by transgender workers across this country. Ms. Stephens’ case is the textbook definition of sex discrimination, and court after court has already shown this to be true. All Americans deserve a fair shot at their jobs, and the desperation of officials from these 16 states to legalize discrimination is despicable.

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State Department

HIV/AIDS activists protest at State Department, demand full PEPFAR funding restoration

Black coffins placed in front of Harry S. Truman Building

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HIV/AIDS activists place black Styrofoam coffins in front of the State Department on April 17, 2025. (Washington Blade photo by Michael Key)

Dozens of HIV/AIDS activists on Thursday gathered in front of the State Department and demanded the Trump-Vance administration fully restore President’s Emergency Plan for AIDS Relief funding.

Housing Works CEO Charles King, Health GAP Executive Director Asia Russell, Human Rights Campaign Senior Public Policy Advocate Matthew Rose, and others placed 206 black Styrofoam coffins in front of the State Department before the protest began.

King said more than an estimated 100,000 people with HIV/AIDS will die this year if PEPFAR funding is not fully restored.

“If we continue to not provide the PEPFAR funding to people living in low-income countries who are living with HIV or at risk, we are going to see millions and millions of deaths as well as millions of new infections,” added King.

Then-President George W. Bush in 2003 signed legislation that created PEPFAR.

The Trump-Vance administration in January froze nearly all U.S. foreign aid spending for at least 90 days. Secretary of State Marco Rubio later issued a waiver that allows the President’s Emergency Plan for AIDS relief and other ā€œlife-saving humanitarian assistanceā€ programs to continue to operate during the freeze.

The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to suspend services and even shut down because of a lack of U.S. funding. Two South African organizations — OUT LGBT Well-being and Access Chapter 2 — that received PEPFAR funding through the U.S. Agency for International Development and the Centers for Disease Control and Prevention in recent weeks closed down HIV-prevention programs and other services to men who have sex with men.

Rubio last month said 83 percent of USAID contracts have been cancelled. He noted the State Department will administer those that remain in place “more effectively.”

“PEPFAR represents the best of us, the dignity of our country, of our people, of our shared humanity,” said Rose.

Russell described Rubio as “ignorant and incompetent” and said “he should be fired.”

“What secretary of state in 90 days could dismantle what the brilliance of AIDS activism created side-by-side with George W. Bush? What kind of fool could do that? I’ll tell you who, the boss who sits in the Harry S. Truman Building, Marco Rubio,” said Russell.

Health GAP Executive Director Asia Russell, center, speaks in front of the State Department on April 17, 2025. (Washington Blade photo by Michael Key)
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U.S. Military/Pentagon

Pentagon urged to reverse Naval Academy book ban

Hundreds of titles discussing race, gender, and sexuality pulled from library shelves

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U.S. Defense Secretary Pete Hegseth (Washington Blade photo by Michael Key)

Lambda Legal and the Legal Defense Fund issued a letter on Tuesday urging U.S. Defense Secretary Pete Hegseth to reverse course on a policy that led to the removal of 381 books from the Nimitz Library of the U.S. Naval Academy in Annapolis, Md.

Pursuant to President Donald Trump’s executive order 14190, “Ending Radical Indoctrination in K-12 Schooling,” the institution screened 900 titles to identify works promoting “diversity, equity, and inclusion,” removing those that concerned or touched upon “topics pertaining to the experiences of people of color, especially Black people, and/or LGBTQ people,” according to a press release from the civil rights organizations.

These included “I Know Why the Caged Bird Singsā€ by Maya Angelou, ā€œStone Fruitā€ by Lee Lai,Ā ā€œThe Hate U Giveā€ by Angie Thomas, ā€œLies My Teacher Told Me: Everything Your American History Textbook Got Wrongā€ by James W. Loewen, ā€œGender Queer: A Memoirā€ by Maia Kobabe, and ā€œDemocracy in Black: How Race Still Enslaves the American Soulā€ by Eddie S. Glaude, Jr.Ā 

The groups further noted that “the collection retained other books with messages and themes that privilege certain races and religions over others, including ‘The Clansman: A Historical Romance of the Ku Klux Klan’ by Thomas Dixon, Jr., ‘Mein Kampf’ by Adolf Hitler, and ‘Heart of Darkness’ by Joseph Conrad.

In their letter, Lambda Legal and LDF argued the books must be returned to circulation to preserve the “constitutional rights” of cadets at the institution, warning of the “danger” that comes with “censoring materials based on viewpoints disfavored by the current administration.”

“Such censorship is especially dangerous in an educational setting, where critical inquiry, intellectual diversity, and exposure to a wide array of perspectives are necessary to educate future citizen-leaders,”Ā Lambda Legal Chief Legal Officer Jennifer C. PizerĀ andĀ LDF Director of Strategic Initiatives Jin Hee Lee said in the press release.

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Federal Government

White House sues Maine for refusing to comply with trans athlete ban

Lawsuit follows months-long conflict over school sports in state

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U.S. Attorney General Pam Bondi (Washington Blade photo by Michael Key)

The Justice Department is suing the state of Maine for refusing to comply with President Donald Trump’s executive order banning transgender athletes from participating in school sports, U.S. Attorney General Pam Bondi announced on Wednesday.

DOJ’s lawsuit accuses the state of violating Title IX rules barring sex discrimination, arguing that girls and women are disadvantaged in sports and deprived of opportunities like scholarships when they must compete against natal males, an interpretation of the statute that reverses course from how the law was enforced under the Biden-Harris administration.

ā€œWe tried to get Maine to comply” before filing the complaint, Bondi said during a news conference. She added the department is asking the court to ā€œhave the titles return to the young women who rightfully won these sports” and may also retroactively pull federal funding to the state for refusing to comply with the ban in the past.

Earlier this year, the attorney general sent letters to Maine, California, and Minnesota warning the blue states that the department “does not tolerate state officials who ignore federal law.ā€

According to the Maine Principals’ Association, only two trans high school-aged girls are competing statewide this year. Conclusions from research on the athletic performance of trans athletes vis-a-vis their cisgender counterparts have been mixed.

Trump critics and LGBTQ advocates maintain that efforts to enforce the ban can facilitate invasive gender policing to settle questions about an individual athlete’s birth sex, which puts all girls and women at risk. Others believe determinations about eligibility should be made not by the federal government but by school districts, states, and athletics associations.

Bondi’s announcement marked the latest escalation of a months-long feud between Trump and Maine, which began in February when the state’s Democratic governor, Janet Mills, declined to say she would enforce the ban.

Also on Wednesday, U.S. Education Secretary Linda McMahon said the findings from her department’s Title IX investigation into Maine schools — which, likewise, concerned their inclusion of trans student-athletes in competitive sports — was referred to DOJ.

Earlier this month, the Justice Department pulled $1.5 million in grants for Maine’s Department of Corrections because a trans woman was placed in a women’s correctional facility in violation of a different anti-trans executive order, while the U.S. Department of Agriculture paused the disbursement of funds supporting education programs in the state over its failure to comply with Title IX rules.

A federal court last week ordered USDA to unfreeze the money in a ruling that prohibits the agency from ā€œterminating, freezing, or otherwise interfering with the state’s access to federal funds based on alleged Title IX violations without following the process required by federal statute.ā€Ā 

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