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EXCLUSIVE: Elizabeth Warren pledges to lead on LGBT rights

Senate hopeful calls on Obama to endorse marriage equality

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Elizabeth Warren at Women In Finance symposium (photo public domain)

Elizabeth Warren, who is running to unseat U.S. Sen. Scott Brown (R-Mass.), pledged to support a series of pro-LGBT initiatives and called on President Obama to endorse marriage equality in an exclusive interview with the Washington Blade on Tuesday.

Warren endorsed the idea of an executive order from President Obama that would require companies doing business with the U.S. government to have LGBT-inclusive non-discrimination policies for their workers.

“Any steps that the president can take toward non-discrimination benefit the whole country,” Warren said. “I don’t know how else to say it. It’s the right thing to do.”

The measure is sometimes referred to as the “ENDA” executive order because its effect would be similar to the Employment Non-Discrimination Act, but limited to federal contractors. The White House hasn’t said whether it will issue the directive.

Warren called on President Obama to complete his now 17-month-old “evolution” and endorse marriage equality. She also said she supports the call for a marriage equality plank in the Democratic Party platform this September.

Asked whether she wants Obama to finish evolving and support same-sex marriage, Warren chuckled and responded that was indeed her view.

“I want to see the president evolve because I believe that is right; marriage equality is morally right,” Warren said.

Warren expressed similar sentiments about the Democratic Party platform, saying it would build support for ending the anti-gay Defense of Marriage Act.

“I’d be glad to see it included in the Democratic platform,” she said. “It helps raise awareness of the impact of DOMA and it helps build support to repeal it.”

The platform committee is set to discuss language for the Democratic Party platform when it gathers for the Democratic National Convention Sept. 3 in Charlotte, N.C.

Warren, an expert on the American economy and personal finance, gained notoriety after she chaired the congressional oversight panel for the 2008 bank bailout program. She led the establishment of the Consumer Financial Protection Bureau that was set up by the 2010 Wall Street reform bill, and was a favorite among progressives to head the organization before she launched her Senate bid and Richard Courdray was recess appointed to the role.

Tico Almeida, president of Freedom to Work and among the chief advocates of the ENDA executive order, said “it makes perfect sense” for Warren to come out for the measure because it would ensure taxpayer money won’t go to work environments hostile to LGBT people

“I hope Ms. Warren will telephone President Obama and urge him to pick up his pen and sign the ‘ENDA Executive Order’ that his Justice and Labor departments have drafted and delivered to the White House for his signature,” Almeida said.

Evan Wolfson, president and founder of Freedom to Marry, also praised Warren for supporting the initiatives related to same-sex marriage and called on Obama and the Democratic Party to come into alignment with her views.

“We welcome Elizabeth Warren alongside the many other leaders, and the signers of our online petition, as we urge President Obama and the Democratic Party to stand with Presidents Clinton and Carter in the growing nationwide majority for marriage,” Wolfson said.

Warren, who’s already expressed support for DOMA repeal, also said during the interview that she would take a leadership role in efforts to repeal the 1996 anti-gay law if elected to the Senate.

“I think that DOMA is a terrible statute,” Warren said. “For forever, the federal government has permitted the states to define marriage, and now the federal government steps in and says, ‘Yeah, the states get to do it for most families, but not those families because we don’t like them.'”

If elected to the Senate, Warren would represent a state where more than 13,000 same-sex couples have been legally married. She said DOMA, which prohibits federal recognition of these unions, is “institutionalized discrimination.”

“Being a senator from Massachusetts, it’s possible not just to be a vote in the right direction, it’s possible to provide leadership,” Warren said. “I think that starts by calling out the statute on how wrong it is morally and counter to our basic legal foundation.”

Warren noted that DOMA means a same-sex couple married in Massachusetts won’t have access to federal benefits and that those with grown children, in some instances, can’t visit grandchildren in another state “without being treated during the visit as having a different marital status.”

“I think there’s already legislation pending, but it’s got to have some energy behind it and that means you’ve got to be willing to go out and talk about it — not only here in Massachusetts but around the country on national television to get out and make that case,” Warren said.

Warren conducted the interview with the Blade via phone after she visited Fenway Health, a Boston-based organization that provides health services to the LGBT community and conducts research and advocacy for LGBT health.

She called the work at Fenway Health “extraordinary” because the institute provides both health services and engages in research.

“What they see on the clinical side informs what they’re doing on the research side,” Warren said. “So they get ideas and they’re able to test them, and the two move back and forth. As a result, we have improvement in both health outcomes for those who go to the center. At the same time, developments in research help support advances in health care and other services for LGBT [people] around the country.”

Warren said the visit she paid to the institute was a reminder that community health centers are integral to providing health services. The health care reform measure President Obama signed into law in 2010 makes grants available to such institutions.

“Community health centers are very much supported by the Affordable Care Act,” Warren said. “Republicans have declared war on it — Scott Brown, my Republican opponent, and the Republican presidential candidates have said they will repeal the Affordable Care Act. That would be devastating to community health centers, not just Fenway, but community centers across the country.”

In September, the Department of Health & Human Services awarded the institute $248,000 to help create a national training and technical assistance center aimed at helping community health centers improve the health of LGBT populations.

Warren is running against Brown — a Republican senator representing a “blue” state. Brown won praise from LGBT advocates for voting in favor of “Don’t Ask, Don’t Tell” repeal in 2010, but that was only after he twice voted against defense legislation that included repeal language.

Warren said Brown’s vote on “Don’t Ask, Don’t Tell” repeal was “a good vote” and that he should be commended for it, but added she’d step up the LGBT advocacy if elected to the Senate.

“I’ll be there on every vote,” Warren said. “I’ll be there not just to provide a vote, but leadership, and I think that’s what the LGBT community really needs.”

Warren praised Rep. Tammy Baldwin (D-Wisc.), who’s running for the open seat in Wisconsin in a bid that could make her the country’s first openly gay U.S. senator.

The two have set up a joint fundraising group called the Massachusetts-Wisconsin Victory Fund, which thus far has raised $171,250, and have appeared together in a joint fundraiser in Philadelphia hosted by donor Peter Buttenwieser.

“I was delighted to do the event with Tammy,” Warren said. “We actually did a second [event] together. We were out in San Francisco with other women senators and women challengers. And I hope we’ll have more opportunities to do that. I’d really love to see Tammy get elected. I worked with Tammy before, so I’m a big fan.”

Warren criticized the Republican presidential candidates for their anti-gay views. Each of the GOP hopefuls who’ve won any states — Mitt Romney, Rick Santorum and Newt Gingrich — backs a U.S. constitutional amendment that would ban same-sex marriage throughout the country and rescind it in states like Massachusetts.

“I think their position is wrong,” Warren said. “They have a vision of America that does not represent who we are as a people and the kind of country we want to build.”

Over the course of her campaign, Warren said she’s spoken with LGBT organizations about a variety of subjects including LGBT rights, although she couldn’t immediately identify any of the groups. Earlier this month, the Human Rights Campaign endorsed her candidacy.

“We talked about health care issues, we’ve talked about economic issues, we’ve talked about justice issues — particularly on DOMA and marriage equality,” Warren said. “We’ve also had conversations that range into other areas about art, about education, about the importance of anti-bullying programs.”

 

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National

HRC report: LGBTQ students face ‘far greater challenges’ in non-supportive states

Survey finds anti-LGBTQ school harassment, bullying highest in 17 states

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(Washington Blade photo by Michael Key)

The Human Rights Campaign Foundation, the educational arm of the national LGBTQ advocacy organization Human Rights Campaign, has released a report showing LGBTQ public school students are more likely to face bullying, harassment, and “other barriers” in states that have less overall supportive LGBTQ laws and policies.

The report is based on the HRC Foundation’s National Educator Survey of School Climate and Bullying, which was released on Sept. 17.

“The report finds that harassment, bullying, and other barriers to LGBTQ+ inclusion are more prevalent in states with limiting policies, where educators report widespread restrictions on LGBTQ+ resources, visible expressions of support, and assistance for transgender students,” a statement released by HRC says.

“As just one example,” the statement adds, “while 59 percent of educators in states with limiting policies report restrictions on supporting their transgender students, just 6 percent to 8 percent of educators in states with supportive policies report the same, underscoring the impact of these policies on school climate, student well-being, and the stakes of the upcoming midterm elections for LGBTQ+ youth and inclusive classrooms.”

The report says the survey consisted of responses by 826 educators in 42 states who worked as teachers, principals, counselors, administrators, and others who worked in support services. All worked at schools with students from pre-kindergarten to 12th grade, most being public schools and a smaller number being charter schools, the report says.

It says the survey was conducted between April 15 and May 21, 2026, and included a survey questionnaire with about 55 questions covering a wide range of LGBTQ related school issues.

According to the report, its classification of LGBTQ supportive and non-LGBTQ supportive states is based on a detailed analysis of the LGBTQ related laws and policies of all 50 states, D.C., and U.S. territories conducted by the Movement Advancement Project, or MAP, which describes itself as an “independent, nonprofit thinktank.”  

The report includes a chart consisting of 51 boxes representing the 50 states and D.C., with 32 plus D.C. colored as blue and said to have overall LGBTQ supportive policies. The 17 boxes colored in red are said to have overall non-LGBTQ supportive policies and laws, Each of the boxes has the initial of a state or D.C. printed inside it.

In addition to D.C., the chart shows Maryland, Virginia, New York, California, and Massachusetts as among the supportive states. Florida, Texas, West Virginia, and Ohio are among the states shown to be non-LGBTQ supportive.  

The HRC statement includes these “key” findings from the survey:

  • In states with restrictive LGBTQ+ inclusion policies, 59 percent of educators report restrictions on supporting transgender students, compared to just 6-8 percent of educators in states with supportive LGBTQ+ inclusion policies.
  • In states with restrictive policies, nearly 50 percent of educators reported restrictions on LGBTQ+ books or resources, compared to just 7 percent of educators in states with supportive policies.
  • Roughly 32 percent of educators in states with restrictive policies reported anti-LGBTQ+ harassment was a moderate or serious problem, compared with 11 percent of educators in states with supportive LGBTQ+ inclusion policies.
  • In states with restrictive LGBTQ+ inclusion policies, 29 percent of educators were very worried about anti-LGBTQ+ harassment, compared to 15 percent in states with supportive LGBTQ+ inclusion policies.
  • In states with restrictive LGBTQ+ inclusion policies, 36 percent of educators witnessed anti-LGBTQ+ student bullying, compared to 27 percent in states with supportive LGBTQ+ inclusion policies.
  • In states with supportive LGBTQ+ inclusion policies, 75 percent of educators reported no restrictions on LGBTQ+-supportive displays, highlighting a substantially more supportive school environment than in states with restrictive policies.
  • Educators in states with restrictive LGBTQ+ inclusion policies also reported significant harassment of students based on appearance (57 percent), race or ethnicity (43 percent), sexual orientation (42 percent), and gender identity or expression (39 percent). (No direct comparison figure from supportive-policy states is provided in the data above.)

“Every young person deserves to feel safe and supportive at school, but this report makes clear that fore too many LGBTQ+ students, especially transgender youth, are being failed by policies designed to exclude them,” said HRC President Kelley Robinson in the HRC statement.

“We know that when students feel seen, supported, and affirmed, they are more likely too thrive, but when schools become places of exclusion or hostility, young people pay the price through lower engagement, missed opportunities to learn, and poorer mental and physical health,” Robinson said.

The HRC statement notes that the survey findings come at a time when a growing number of states have passed laws targeting LGBTQ students and the school officials and teachers who support them. It says that for the first time, the survey found that “educators themselves are also experiencing anti-LGBTQ+ harassment, highlighting the growing impact of these policies on school staff as well as students.”

The full survey findings and report can be accessed here:

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U.S. Supreme Court

Trump asks Supreme Court to allow restrictions on gender-affirming care in prisons

SCOTUS could further restrict rights of trans inmates

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The U.S. Supreme Court with an LGBTQ Pride flag flying in front of it. (Washington Blade Photo by Michael Key)

The Trump administration has asked the Supreme Court to allow its policy limiting gender-affirming treatment for federal inmates to take effect while a legal challenge plays out in court.

U.S. District Judge Royce Lamberth ordered the government to continue providing gender-affirming care, such as hormone therapy, which had become policy nearly a decade ago for inmates who were transitioning.

The Trump administration argues in its application that its policy restricting transgender rights was properly adopted and that the judge overstepped, posing nationwide “security and prison-administrative concerns.”

If allowed, the policy would halt surgeries, hormones and social accommodations such as wigs while allowing mental health therapy to continue as the legality of the policy reversal is litigated.

The government also argues in the application that the Bureau of Prisons had “determined that sex-trait-modification surgeries, hormone interventions in general, and social accommodations could no longer be justified as treatment for gender dysphoria.”

American Civil Liberties Union attorneys for the inmates said the policy is “a direct threat to the well-being of transgender people in federal custody and an open violation of their fundamental rights,” and said withholding necessary gender-affirming healthcare constitutes cruel and unusual punishment.

The Blade has covered the ongoing developments surrounding changes to Federal Bureau of Prisons transgender inmate policy that went into effect earlier in Trump’s term. The changes primarily focus on rolling back Biden-era protections for trans inmates.

Earlier this year, the Blade published a joint letter from multiple senators in response to the rollback of the policy. Multiple senators — including Edward Markey (D-Mass.), Jeffrey A. Merkley (D-Ore.) and Mazie K. Hirono (D-Hawaii) — sent a letter to Attorney General Todd Blanche and Federal Bureau of Prisons Director William Marshall III calling for them to reverse the policy change, saying it endangers inmates’ health and safety.

The senators described how the policy shift, along with President Trump’s Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” is forcing policy changes they argued are rooted more in political rhetoric than in medical research or evidence-based correctional practices.

Federal Bureau of Prisons responded to the Blade’s request for comment in May, declining to reconsider its transgender inmate policy.

The Blade reached out to the Federal Bureau of Prisons once again over the application to the Supreme Court, but did not hear back before publication.

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Federal Government

Education Department rolls back protections for LGBTQ students under Title IX

The DoE policy rescinds Biden-era protections

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U.S. Education Secretary Linda McMahon (Washington Blade photo by Michael Key)

The Department of Education rolled back a Biden-era Title IX interpretation on Monday that secured sex-based discrimination protections for students on the basis of sexual orientation and gender identity.

Title IX was established in 1972 as landmark civil rights law. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government.

Education Secretary Linda McMahon spoke about the revision of the policy, claiming the decision would explicitly help “women and girls.”

“Thanks to today’s action, the published Title IX regulations faithfully reflect court orders and congressional intent — reducing confusion for parents, students, and educational institutions. We will continue to relentlessly champion equal opportunity for all Americans and hold accountable any school or college that violates the rights, privacy, or athletic opportunities of our women and girls,” McMahon said via press release.

Prior to her work under the Trump-Vance administration, McMahon was a World Wrestling Federation/World Wrestling Entertainment executive before resigning to pursue a career in politics. She was appointed to the Connecticut State Board of Education by then-Gov. Jodi Rell in January 2009, but resigned from her role shortly afterward to run what ultimately became two failed campaigns for Connecticut’s U.S. Senate seat in 2010 and 2012.

A “fact sheet” provided by the Department of Education also called the inclusive sexual assault and gender identity protections expanded under the Biden-Harris unlawful, saying, “This change is necessary to provide clarity in the Code of Federal Regulations so that institutions, administrations, students, and families can see the rules that are actually in force and to help eliminate public confusion about the Biden administration’s unlawful attempt to stretch Title IX’s legal protections to cover ‘sexual orientation’ and ‘gender identity.’”

This is not the first time this policy has faced judicial hurdles. While Biden was still in office, the plan was struck down in multiple courts in Republican states.

Opponents of the move say it will harm transgender athletes and weaken protections for sexual assault victims.

“Sexual harassment and assault continue to be pervasive in schools and, to the fullest extent possible, we should be working to enforce the laws that protect student survivors of sexual violence. Yet, Education Secretary Linda McMahon and the Trump administration have decided to ignore what survivors need, instead weaponizing Title IX to attack trans students,” said Shiwali Patel, senior director of education justice at the National Women’s Law Center.

This is a return to a first Trump term policy after Biden issued an executive order to attempt to curb discrimination for all — especially those with different sexual orientations and gender identities — that had been given a pass during Trump’s first term. Much of Title IX’s policy has a narrow vision of what sex protections look like that often and enthusiastically leave gender-diverse and non-heterosexual people out.

In March 2021, President Joe Biden signed Executive Order 14021, “Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity,” to attempt to undo some of the flagrantly anti-LGBTQ policy the Trump-Pence administration had set forth relating to Title IX protections for LGBTQ students and sexual assault survivors.

The secretary focused this “win” for the administration as one more step toward restricting transgender students from competing in women’s sports, but the 2020 rule, completed under former Education Secretary Betsy DeVos, didn’t explicitly ban trans students from participating on sports teams consistent with their gender identity. It did limit the types of sexual harassment and assault complaints that schools had to investigate and required live hearings so male students could respond to accusations.

McMahon didn’t discuss those aspects in her statement or in requests for comment. The 2020 rule drew praise from conservatives and intense opposition from advocates who said it downplayed sexual abuse and left victims unprotected.

In a statement, U.S. Rep. Tim Walberg (R-Mich.), who chairs the House Education Committee, said, “Returning to the 2020 regulations restores longstanding protections for women and girls that the Biden-Harris administration attempted to dismantle and realigns Title IX policy with court precedents.”

LGBTQ activists have called this decision a direct attack on LGBTQ safety — particularly for trans students who continue to face a barrage of legislative, executive, and judicial attacks in recent years from the Trump-Vance administration.

Kelley Robinson, president of the Human Rights Campaign, the largest LGBTQ advocacy group in the world, released a statement following the DoE’s announcement.

“Title IX is, quite simply, about protecting students and ensuring that they are safe from abuse, harassment, and discrimination while they pursue their education. But Donald Trump and his cronies aren’t interested in any of that,” Robinson said. “Donald Trump’s Department of Education has completely lost sight of that mission. Instead of enforcing protections for students, they’re rescinding them. They don’t care if sexual harassment and assault go unaddressed. And they’re happy to strip funding away from school districts and states that are actually trying to keep students safe.

“We know who will be hurt: women, girls, and others who are vulnerable to sexual harassment, assault and abuse — including LGBTQ+ students. The fact that they’re dropping this rule into place abruptly, without a comment period, denying families, educators, loved ones, and the students themselves a say in how they should be treated, shows how little they care about the safety of our students.

“This is a monstrous injustice, and it drives home how essential it is that we take action at the polls this November to start bringing some accountability to an administration that has turned its back on the very students Title IX was written to protect,” she added.

The Washington Blade reached out to the DoE for comment and questions on whether Title IX protections still included LGBTQ students, and received this email response from Education Spokesman Sabin Sidney:

“Your questions indicate you are clearly missing the entire point of this Final Rule. The Biden Administration illegally rewrote Title IX to include ‘sexual orientation’ and ‘gender identification’ in the definition of sex-based discrimination. The Trump Administration is rescinding this rule—only after every federal court that heard legal challenges rejected it as unlawful.

“Since January 2025, the Department has been enforcing Title IX consistent with the President’s Executive Order grounded in biological truth that there are only two sexes. The Trump Administration is restoring the original promise of Title IX and providing clarity to students, parents, and educational institutions. We will vigorously defend equal opportunity consistent with the law’s intended purpose.”

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