Far-right judges rules that it’s totally legal to harass LGBTQ+ employees

Right now the tRump people are arguing in court that the right of judges to invoke country wide injunctions should be stopped.   But they never held that view when republicans ran to this judge’s jurisdiction to stop and hinder every Biden executive order and law.  Instead they crowed about it.  However like the debt now that it is them in charge they don’t like what they used to stop Democratic Party initiatives.  Hugs

https://www.lgbtqnation.com/2025/05/far-right-judges-rules-that-its-totally-legal-to-harass-lgbtq-employees/

Daniel VillarrealMay 19, 2025, 7:57 am EDT
Anti-LGBTQ+ Judge Matthew KacsmarykAnti-LGBTQ+ Judge Matthew Kacsmaryk | YouTube screenshot

Anti-LGBTQ+ federal Judge Matthew Kacsmaryk ruled that Title VII of the 1964 Civil Rights Act doesn’t protect LGBTQ+ people from workplace discrimination — it only protects them from discriminatory termination. Kacsmaryk’s ruling contradicts the 2020 U.S. Supreme Court decision in Bostock v. Clayton County, a case that classified anti-LGBTQ+ workplace discrimination as a form of sex-based harassment prohibited by Title VII.

In the case, the state of Texas sued the federal Equal Employment Opportunity Commission (EEOC), claiming that the federal agency’s June 2021 guidance interpreting Title VII as prohibiting anti-LGBTQ+ workplace discrimination violated Texas’s “sovereign right” to establish governmental workplace policies dictating employee names, pronouns, dress codes, and facility usage as being based on a person’s sex assigned at birth (and not their gender identity).

The EEOC’s June 2021 guidance said that, to avoid illegally discriminating against LGBTQ+ people in the workplace, adherence to dress codes, use of personal pronouns, and access to gender-segregated facilities must be differentiated based on one’s gender identity and not their sex assigned at birth.

Texas said that the EEOC violated Texas’s free speech rights and Title VII’s sex-based protections by forcing the state’s Department of Agriculture (TDA) to base its workplace policies on gender identity instead of one’s sex assigned at birth. These particular TDA workplace policies were created by Sid Miller, a supporter of the current U.S. president who has said he’s “thrilled” by the ban on trans military members and has called trans identity a form of “leftist social experimentation.”

Texas sued the EEOC with the assistance of the Heritage Foundation, the right-wing think tank that constructed Project 2025, the very anti-LGBTQ+ blueprint for the current U.S. president’s second term in office.

Kacsmaryk agreed with the state of Texas, ruling that the TDA’s policies can legally ban transgender employees from using restrooms, pronouns, and dress codes that align with their gender identity. The TDA’s policies don’t constitute unequal treatment of trans employees, Kacsmaryk wrote, because they “equally” apply to everyone based on their sex assigned at birth, Truthout reported.

Kacsmaryk’s ruling altogether ignores trans identities in a manner consistent with the current president’s interpretation of federal anti-discrimination law. The president has signed executive orders directing all federal agencies, including the EEOC, to end all legal recognition of trans people’s gender identities and to, instead, only recognize a person’s “biological sex” as assigned at birth.

Kacsmaryk ordered the EEOC to remove all references to sexual orientation and gender identity as protected classes under Title VII from its June 2021 guidance.

In 2022, Kacsmaryk ruled against LGBTQ+ protections in Section 1557 of the Affordable Care Act – a law that bans healthcare discrimination on the basis of sex. The two doctors who sued in that case were represented by former Trump advisor Stephen Miller’s America First Legal Foundation, a far-right public interest group that opposes pro-LGBTQ+ civil rights.

Republicans and Christian groups often file their lawsuits in his district because of his tendency to rule in their favor.

Before his 2019 Senate confirmation hearing, Kacsmaryk removed his byline from an article condemning transgender health care in the Texas Review of Law and Politics, a far-right publication that he led as a law student at the University of Texas.

Hiding his contribution to the article likely prevented public scrutiny and questions about the article and his ties to The First Liberty Institute, a Christian conservative legal group that has represented clients who refused to serve LGBTQ+ people based on religious beliefs.

Subscribe to the LGBTQ Nation newsletter and be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.


Daniel Villarreal is a longtime, award-winning journalist and editor who has written for NBC News, NewsweekVoxSlateVice NewsThe Seattle StrangerThe Dallas Voice and numerous other LGBTQ+ publications. He has spoken at SXSW, Creating Change, Netroots Nation, GaymerX, and is a graduate of GLAAD’s Voices of Color program and of the Poynter Institute’s 2024 Power of Diverse Voices seminar. He is also the founder of QueerBomb Dallas, an annual non-corporate Pride event; CinéWilde, the nation’s longest running monthly LGBTQ film series. He is available for interviews and educational talks.

Utah study on trans youth care extremely inconvenient for politicians who ordered it

https://www.lgbtqnation.com/2025/05/utah-study-on-trans-youth-care-extremely-inconvenient-for-politicians-who-ordered-it/

Madison PaulyMay 27, 2025, 3:00 pm EDT
Spencer Cox of Utah answers a question during a discussion about how our society can learn to disagree in a way that allows us to find solutions on Wednesday, Nov. 15, 2023.Spencer Cox of Utah answers a question during a discussion about how our society can learn to disagree in a way that allows us to find solutions on Wednesday, Nov. 15, 2023. | Logan Newell/The Coloradoan / USA TODAY NETWORK

This article first appeared on Mother Jones. It has been republished with the publication’s permission.

In 2022, Utah Gov. Spencer Cox was the rare Republican governor who seemed to truly care about the well-being of transgender kids. “I don’t understand what they are going through or why they feel the way they do. But I want them to live,” he wrote in a letter that year, explaining why he was vetoing a bill that would have banned four trans middle- and high schoolers in Utah from playing on sports teams with classmates who shared their gender identity. “All the research shows that even a little acceptance and connection can reduce suicidality significantly.”

Meanwhile, nationally, Republican politicians were making opposition to trans rights a core tenet of their platforms, filing hundreds of bills attacking trans kids at the doctor’s officeat school, and on the field. Early in the 2023 legislative session, Cox capitulated, signing a bill that placed an indefinite “moratorium” on doctors providing puberty blockers and hormone therapy to trans kids with gender dysphoria. The bill ordered the Utah health department to commission a systematic review of medical evidence around the treatments, with the goal of producing recommendations for the legislature on whether to lift the moratorium. “We sincerely hope that we can treat our transgender families with more love and respect as we work to better understand the science and consequences behind these procedures,” Cox said at the time.

Now, more than two years later, that review is here, and its conclusions unambiguously support gender-affirming medical care for trans youth. “The conventional wisdom among non-experts has long been that there are limited data” on gender-affirming pediatric care, the authors wrote. “However, results from our exhaustive literature searches have lead us to the opposite conclusion.”

The medical evidence review, published on Wednesday, was compiled over a two-year period by the Drug Regimen Review Center at the University of Utah. Unlike the federal government’s recent report on the same subject, which was produced in three months and criticized gender-affirming pediatric treatments, the names of the Utah report’s contributors are actually disclosed on the more than thousand-page document.

The authors write:

The consensus of the evidence supports that the treatments are effective in terms of mental health, psychosocial outcomes, and the induction of body
changes consistent with the affirmed gender in pediatric [gender dysphoria] patients. The evidence also supports that the treatments are safe in terms of changes to bone density, cardiovascular risk factors, metabolic changes, and cancer…

It is our expert opinion that policies to prevent access to and use of [gender-affirming hormone therapy] for treatment of [gender dysphoria] in pediatric patients cannot be justified based on the quantity or quality of medical science findings or concerns about potential regret in the future, and that high-quality guidelines are available to guide qualified providers in treating pediatric patients who meet diagnostic criteria.

In a second part of their review, the authors looked specifically at long-term outcomes of patients who started treatment for gender dysphoria as minors:

Overall, there were positive mental health and psychosocial functioning outcomes. While gender affirming treatment showed a possibly protective effect in prostate cancer in transgender men and breast cancer in transgender women, there was an increase in some specific types of benign brain tumors. There were increased mortality risks in both transgender men and women treated with hormonal therapy, but more so in transgender women. Increase risk of mortality was consistently due to increase in suicide, non-natural causes, and HIV/AIDS. Patients that were seen at the gender clinic before the age of 18 had a lower risk of suicide compared to those referred as an adult.

Submitted with the review was a set of recommendations—compiled by advisers from the state’s medical and professional licensing boards, the University of Utah, and a Utah non-profit hospital system—on steps the state legislature could take to ensure proper training among gender-affirming care providers, in the event it decides to lift the moratorium.

But according to the Salt Lake Tribune, legislators behind the ban are already dismissing the findings they asked for. In response to questions from the Tribune, Rep. Katy Hall, who co-sponsored the 2023 ban, issued a joint statement with fellow Republican state Rep. Bridger Bolinder, the chair of the legislature’s Health and Human Services Interim Committee, that dismissed the study’s findings. “We intend to keep the moratorium in place,” they told the Tribune. “Young kids and teenagers should not be making life-altering medical decisions based on weak evidence.”

Why ignore their own review? Polling, the legislators’ statement suggests. “Utah was right to lead on this issue, and the public agrees—polls show clear majority support both statewide and nationally,” Hall and Bolinder added in their statement. “Simply put, the science isn’t there, the risks are real, and the public is with us.”

 

Subscribe to the LGBTQ Nation newsletter and be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.