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Polis reintroduces Student Non-Discrimination Act

Legislation prohibits discrimination against LGBT students

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U.S. Rep. Jared Polis (center) (Washington Blade photo by Michael Key)

One of the openly gay members of Congress on Thursday reintroduced legislation aimed to protect LGBT students against bullying and discrimination in school.

In the U.S. House, Rep. Jared Polis (D-Colo) introduced the Student Non-Discrimination Act — as Sen. Al Franken (D-Minn.) introduced companion legislation in the Senate — at a time when bullying of LGBT students is receiving considerable attention.

In a statement, Polis said “education is the right of every student” regardless of their actual or perceived sexual orientation or gender identity.

“It becomes more apparent with each case that this is a problem that is not going away — sometimes even teachers and administrators contribute to the problem,” Polis said. “The alarming increase in teen suicides has shown us just how far we are from making our children’s schools safe spaces.  We must take action to protect the safety of our students and enshrine the values of equality and opportunity in our classrooms.”

Modeled after Title IX of the Education Amendments of 1972, the Student Non-Discrimination Act would establish a comprehensive federal prohibition against discrimination in public schools against LGBT students. Additionally, the measure would also forbid schools from discriminating against based on the sexual orientation and gender identity and prohibit them from ignoring harassing behavior.

If enacted into law, violating the Student Non-Discrimination Act would lead to the loss of federal funding and give victims a legal cause of action for discrimination in public schools.

The lawmakers introduced the legislation on the same day President Obama held a White House conference to speak out and devise strategies against bullying in schools. Earlier in the week, Sen. Bob Casey (D-Pa.) introduced the Safe Schools Improvement Act in the U.S. Senate, which would require schools to establish anti-bullying policies.

Bullying against LGBT students received renewed attention late last year when several young men who were gay or perceived to be gay took their own lives after they were reportedly bullied. Among them was Tyler Clementi, a Rutgers University student, who leaped off the George Washington Bridge in September after a video was posted online of him reportedly having a sexual encounter with another man in his dorm room.

In a statement, Franken decried the bullying of gay students and said he’s committed to passing legislation that would remedy the situation.

“Unchecked bullying of LGBT students is unacceptable,” Franken said. “The high suicide rate for LGBT youth — as witnessed across the country over the past year — shows that we are falling drastically short in our efforts to protect our kids,” Franken said.

First introduced in the 111th Congress, the Student Non-Discrimination Act currently has 99 co-sponsors in the House and 27 co-sponsors in the Senate.

In a statement, Joe Solmonese, president of the Human Rights Campaign, praised Polis and Franken for reintroducing the legislation in Congress.

“Every child deserves an equal education free from discrimination, harassment and bullying,” Solmonese said. “Unfortunately, LGBT students have historically been alienated, harassed, and bullied in their schools, with little or no intervention from school personnel. Far too many of these students have underperformed or dropped out in response to the lack of safety and support.”

Download a copy of the Senate version of the bill.

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U.S. Supreme Court

Supreme Court upholds ACA rule that makes PrEP, other preventative care free

Liberal justices joined three conservatives in majority opinion

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The U.S. Supreme Court as composed June 30, 2022, to present. Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Photo Credit: Fred Schilling, the U.S. Supreme Court)

The U.S. Supreme Court on Friday upheld a portion of the Affordable Care Act requiring private health insurers to cover the cost of preventative care including PrEP, which significantly reduces the risk of transmitting HIV.

Conservative Justice Brett Kavanaugh authored the majority opinion in the case, Kennedy v. Braidwood Management. He was joined by two conservatives, Chief Justice John Roberts and Justice Amy Coney Barrett, along with the three liberal justices, Sonia Sotomayor, Elena Kagan, and Ketanji Brown-Jackson.

The court’s decision rejected the plaintiffs’ challenge to the Affordable Care Act’s reliance on the U.S. Preventative Services Task Force to “unilaterally” determine which types of care and services must be covered by payors without cost-sharing.

An independent all-volunteer panel of nationally recognized experts in prevention and primary care, the 16 task force members are selected by the secretary of the U.S. Department of Health and Human Services to serve four-year terms.

They are responsible for evaluating the efficacy of counseling, screenings for diseases like cancer and diabetes, and preventative medicines — like Truvada for PrEP, drugs to reduce heart disease and strokes, and eye ointment for newborns to prevent infections.

Parties bringing the challenge objected especially to the mandatory coverage of PrEP, with some arguing the drugs would “encourage and facilitate homosexual behavior” against their religious beliefs.

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U.S. Supreme Court

Supreme Court rules parents must have option to opt children out of LGBTQ-specific lessons

Mahmoud v. Taylor case comes from Montgomery County, Md.

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Friday ruled that public schools must give advance notice to parents and allow them the opportunity to opt their children out of lessons or classroom instruction on matters of gender and sexuality that conflict with their religious beliefs.

Mahmoud v. Taylor was decided 6-3 along party lines, with conservative Justice Samuel Alito authoring the majority opinion and liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown-Jackson in dissent.

Parents from diverse religious backgrounds sued to challenge the policy in Maryland’s Montgomery County Public Schools when storybooks featuring LGBTQ characters were added to the elementary school English curriculum in 2022.

The school board argued in the brief submitted to the Supreme Court that “the storybooks themselves do not instruct about gender or sexuality. They are not textbooks. They merely introduce students to characters who are LGBTQ or have LGBTQfamily members, and those characters’ experiences and points of view.”

Advocacy groups dedicated to advancing free speech and expression filed amicus briefs in support of the district.

PEN America argued the case should be viewed in the context of broader efforts to censor and restrict what is available and allowable in public schools, for instance by passing book bans and “Don’t Say Gay” laws.

The ACLU said the policy of not allowing opt-outs is religion-neutral, writing that the Supreme Court should apply rational basis review, which requires only that the school district show that its conduct was “rationally related” to a “legitimate” government interest.

LGBTQ groups also objected to the challenge against the district’s policy, with many submitting amici briefs including: the National Center for Lesbian Rights, GLAD Law, Family Equality, COLAGE, Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG., and the National Women’s Law Center.

The Human Rights Campaign did not submit a brief but did issue a statement by the group’s President Kelley Robinson: “LGBTQ+ stories matter. They matter so students can see themselves and their families in the books they read–so they can know they’re 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 said. “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.”

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Federal Government

White House finds Calif. violated Title IX by allowing trans athletes in school sports

Education Department threatens ‘imminent enforcement action’

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California Gov. Gavin Newsom (D) (Washington Blade photo by Michael Key)

The Trump-Vance administration announced on Wednesday that California’s Interscholastic Federation and Department of Education violated federal Title IX rules for allowing transgender girls to compete in school sports.

In a press release, the U.S. Department of Education’s Office of Civil Rights threatened “imminent enforcement action” including “referral to the U.S. Department of Justice” and the withholding of federal education funding for the state if the parties do not “agree to change these unlawful practices within 10 days.”

The agency specified that to come into compliance; California must enforce a ban excluding transgender student athletes and reclaim any titles, records, and awards they had won.

Federal investigations of the California Interscholastic Federation and the state’s Department of Education were begun in February and April, respectively. The Justice Department sued Maine in April for allowing trans athletes to compete and refusing a similar proposal to certify compliance within 10 days.

Broadly, the Trump-Vance administration’s position is that girls who are made to compete against trans opponents or alongside trans teammates are unfairly disadvantaged, robbed of opportunities like athletics scholarships, and faced with increased risk of injury — constituting actionable claims of unlawful sex discrimination under Title IX.

This marks a major departure from how the previous administration enforced the law. For example, the Department of Education issued new Title IX guidelines in April 2024 that instructed schools and educational institutions covered by the statute to not enforce categorical bans against trans athletes, instead allowing for limited restrictions on eligibility if necessary to ensure fairness or safety at the high school or college level.

Sports aside, under former President Joe Biden the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

A number of high profile Democrats, including California Gov. Gavin Newsom, have recently questioned or challenged the party’s position on transgender athletes, as noted in a statement by Education Secretary Linda McMahon included in Wednesday’s announcement.

“Although Gov. Gavin Newsom admitted months ago it was ‘deeply unfair’ to allow men to compete in women’s sports, both the California Department of Education and the California Interscholastic Federation continued as recently as a few weeks ago to allow men to steal female athletes’ well-deserved accolades and to subject them to the indignity of unfair and unsafe competitions.”

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