Local
Trans bill hits snag in Md. Senate
Surprise move could mean end of the line this year
Less than a week after being approved in the Maryland House of Delegates by a vote of 86-52, a transgender non-discrimination bill is facing an unexpected roadblock in the State Senate.
In a development that has baffled many supporters of the bill, Senate President Thomas Mike Miller (D-Prince George’s and Calvert Counties) bypassed normal procedures by sending the bill to the Senate Rules Committee, which is known as a “graveyard” for controversial legislation.
“This is not a good sign,” said transgender activist Dana Beyer, who is closely following the bill.
The Gender Identity Non-Discrimination Act calls for banning discrimination against transgender Marylanders in areas of employment, housing, and credit.
Its approval in the House of Delegates by such a large margin gave advocates hope that the legislation would clear the Senate before April 11, when the Maryland Legislature adjourns for the year.
Beyer and officials with Equality Maryland, the statewide LGBT group leading the lobbying effort for the bill, have said they believe they have the votes to pass the bill if it reaches the Senate floor.
But they have long expressed concern over getting the bill out of committee. The gender identity measure has died in the Senate Judicial Proceedings Committee for the past four years. This year, following its strong showing in the House, supporters and others familiar with the Senate were hopeful that the Judicial Proceedings Committee would approve the measure.
Miller’s decision to send the bill to the Rules Committee rather than directly to Judicial Proceedings is being viewed as an ominous sign that Miller or Judicial Proceedings Committee Chair Sen. Brian Frosh (D-Montgomery County) are seeking to kill the bill this year by preventing it from reaching the Senate floor.
Neither Miller nor a spokesperson for his office returned a call seeking comment as of late Tuesday.
Frosh denied reports by some Annapolis insiders that he asked Miller to divert the bill from his committee because he didn’t want to deal with it.
“I don’t make bill assignments, so it’s not me,” he told the Blade. “The president makes those determinations, and it’s not up to a committee chairman. When he sends me the bill, I’ve got it. But until he does, I don’t.”
Should it reach his committee, Frosh said he isn’t certain whether the bill has enough votes to clear the panel.
“I have four new members on the committee, none of whom has ever heard the issue before,” he said. “I have no idea where they are on the bill.”
In yet another development likely to trouble the bill’s supporters, Frosh said his office was “inundated” on Monday by calls from transgender activists opposed to the bill because it has been stripped of a provision banning discrimination against transgender persons in the area of public accommodations.
The bill’s lead sponsor in the House of Delegates, Del. Joseline Pena-Melnyk (D-Prince George’s and Calvert Counties), said she reluctantly removed the public accommodations provision as the only way to ensure approval of the bill this year in the House.
“They are livid that that was taken out and oppose the bill,” Frosh said of Trans Maryland members. “So there’s a division within the transgender community apparently about whether or not it’s a good idea. I have no idea how that will affect the four people who have never heard the bill, let alone the other folks on the committee.”
Most transgender activists, including officials with the National Center for Transgender Equality and the National Gay & Lesbian Task Force’s transgender rights project, are supporting the bill with the objective of adding the public accommodations provision next year.
Frosh, who also serves as vice chair of the Rules Committee, said the chair of that panel, Sen. Katherine Klausmeier (D-Baltimore County), along with Senate President Miller, who is a member of the committee, would make the decision on whether to quickly send the bill to Judicial Proceedings.
With less than two weeks before the legislature’s adjournment for the year, the Rules Committee would have to debate and vote on whether to release the bill to the Judicial Proceedings Committee this week in order to allow time for Judicial Proceedings to hold a hearing on the bill before voting to send it to the Senate floor.
Seven members of the 11-member Rules Committee voted against the same-sex marriage bill that the Senate passed in February. Committee Chair Klausmeier and Frosh voted for the marriage measure, but four other Democrats on the committee voted against it, including Miller.
Although the marriage bill may not be a precise predictor of how senators will vote on the transgender bill, some Annapolis observers say at least some of the conservative Democrats in the Senate who oppose marriage equality might also be opposed to a transgender bill.
“This is another hurdle to advancing job and housing protections in Maryland this year,” said Equality Maryland’s executive director, Morgan Meneses-Sheets, in commenting on Miller’s decision to send the transgender bill to the Rules Committee.
“We are already working with allies to keep this important bill moving,” she said. “It is challenging, but this bill literally would save lives and is worth fight for.”
In a statement, Equality Maryland said it will “keep working until the final hours of the session” to secure passage of the Gender Identity Non-Discrimination Act.
Although the bill has died in Frosh’s Judicial Proceedings committee for the past four years, he told the Blade Tuesday he would vote for it if it reaches his committee. He said he’s being unfairly blamed for derailing the bill.
“I’ve gotten calls saying I’m responsible for killing it, I’m responsible for sending it to Rules,” he said. “I’ve gotten calls saying make sure the bill dies and you got to do something to make sure it passes. I wish I had as much power as people ascribe to me.”
Virginia
Miyares joins efforts to fight Title IX changes
Republican Va. AG part of multi-state effort
BY NATHANIEL CLINE | Virginia Attorney General Jason Miyares has joined a multi-state effort to stop new Title IX rules from going into effect.
The list of new rules designed to protect victims of campus sexual assaults and the rights of LGBTQ students has come under attack by Republican attorneys general in several states.
Miyares called the changes a “dangerous overhaul” of Title IX, and said the new rules would negatively impact students, families and schools in the commonwealth. The ruling also comes after Gov. Glenn Youngkin’s administration overhauled the commonwealth’s transgender student policies.
“The Biden administration’s unlawful rule would jeopardize half a century of landmark protections for women, forcing the administration’s social agenda onto the states by holding federal funding hostage,” Miyares said in a statement. “They are avoiding Congress and the constitutional process because they know it will not pass. We cannot roll back Title IX in the name of false equity.”
Attorney generals from Tennessee, Indiana, Kentucky, Ohio, and West Virginia have also signed onto the suit, which was filed in Tennessee. Separate lawsuits have been filed in other states, including Louisiana and Texas.
Title IX, which has undergone several transformations based on the political party in office, was created to address women’s rights and prohibits any federally funded school or education program from discriminating against any student based on sex since it was established in 1972.
The Department of Education said some differences compared to the previous version developed under the Trump administration, include protections against all sex-based harassment and discrimination, prohibits schools from sharing personal information, and supports students and families.
Narissa Rahaman, executive director for Equality Virginia, said in a statement that the rule prevents opponents from weakening “crucial” civil rights protections including for LGBTQ students by ensuring that pregnant and parenting students have a right to equal education opportunities, protecting student survivors and guaranteeing the rights of LGBTQ students to come to school as themselves without fear of harassment or discrimination.
“Students across races, places, and genders prove every day that they can do great things, especially when there are strong Title IX protections in place, which is why the Biden administration’s updates to the Title IX rules are essential to ensure every student can thrive at school,” said Rahaman.
The new rule is slated to take effect on Aug. 1 and will apply to complaints of alleged conduct that occurs on or after that date, according to the Department of Education.
Protections
While the ruling protects students and employees from all sex-based harassment and discrimination, it will also impact LGBTQ students and employees, including providing complete protection from sex-based harassment, and prohibiting schools from sharing personal information.
Schools must act “promptly and effectively” to protect and treat all students and staff who make complaints “equitably.” Schools must also provide support measures to complainants and respondents, and act to end any sex discrimination in their programs and prevent any recurrence.
The rule further clarifies the definition of “sex-based harassment,” which means to treat someone unfairly because of their gender; and the scope of sex discrimination, including schools’ obligations not to discriminate based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
The federal agency said the changes will empower and support students and families by requiring schools to disclose their nondiscrimination policies and procedures to all students, employees, and other participants in their education programs so that students and families understand their rights.
The final rule also protects against retaliation for students, employees, and others who exercise their Title IX rights, and supports the rights of parents and guardians to act on behalf of their elementary school and secondary school children.
The rule also protects student privacy by prohibiting schools from disclosing personally identifiable information with limited exceptions, which is something the Youngkin administration has opposed.
Advocates say one of the rights students should have is the power to decide who finds out about their transgender status, to protect them from being bullied or harassed.
Virginia policies
In 2021, the first model policies for trans students were designed under former Gov. Ralph Northam to provide school officials guidance on the treatment of trans and nonbinary students and to protect the privacy and rights of these students.
However, some schools declined to adopt the model policies, and the state law that led to them lacked enforcement incentives or penalties.
The current policies adopted by the Youngkin administration were revised to require parental approval for any changes to students’ “names, nicknames, and/or pronouns,” direct schools to keep parents “informed about their children’s well-being” and require that student participation in activities and athletics and use of bathrooms be based on sex, “except to the extent that federal law otherwise requires.”
Virginia schools have also not fully adopted the newly revised policies, and state law has not changed since the policies were overhauled in 2023.
The Virginia Department of Education faces two lawsuits over the policies adopted by the Youngkin administration.
“All Virginia students, including our transgender and nonbinary students deserve to feel safe and welcomed at schools,” said Wyatt Rolla, a senior trans rights attorney with the ACLU of Virginia. “Accessing restrooms, locker rooms and other facilities that are necessary when you are at school learning is a key part of our schools being inclusive of those transgender [and] non binary students that are part of our community.”
Athletics not included
The provisions under the new Title IX rule did not mention anything about requiring schools to allow trans students to play on teams that align with their gender identity. Virginia has taken its own shot at banning trans athletes from competing in sports through legislation.
In February, the Youngkin administration attempted to challenge the Virginia High School League’s policy on transgender athletes, the Daily Progress reported.
The proposed policy would have matched with the administration’s current policies that students should be placed on teams based on their biological sex rather than their gender identity.
The Virginia High School League, which oversees interscholastic athletic competition for Virginia’s public high schools, allows for trans athletes to participate on teams that match their gender identity, but under certain conditions.
Simultaneously, lawmakers in the Virginia General Assembly controlled by Democrats killed bills, including Senate Bill 68, during the previous session that would have essentially banned transgender students from competing in sports.
State Sen. Tammy Brankley Mulchi (R-Mecklenburg), who carried Senate Bill 723, said students like her 6-year-old granddaughter should have a choice to play with their own gender during a Feb. 1 Senate Education subcommittee hearing.
Mulchi’s bill would have required schools and colleges to have separate sports for boys and girls based on their biological sex. Any dispute would require a note from a doctor.
“If she [my granddaughter] wants to play an all-girl sport, I want her to play against girls that were born girls and not play against someone that is much stronger than her or can hurt her and take away her chances of a scholarship,” Mulchi said.
However, state Sen. Stella Pekarsky (D-Fairfax) argued during the February hearing that whether students are competing with their respective biological sex or not “children of all ages, sexes have different builds and strengths and no children are alike on the same team.”
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Nathaniel is an award-winning journalist who’s been covering news across the country since 2007, including politics at the Loudoun Times-Mirror and the Northern Neck News in Virginia as well as sports for the Plain Dealer in Cleveland, Ohio. He has also hosted podcasts, worked as a television analyst for Spectrum Sports, and appeared as a panelist for conferences and educational programs. A graduate of Bowie State University, Nathaniel grew up in Hawaii and the United Kingdom as a military brat.
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The preceding article was previously published by the Virginia Mercury and is republished with permission.
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The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at: [email protected].
The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success.
Congratulations to Manny Cosme, owner of CFO Services Group, who was named Small Business Owner of the Year, for Washington, D.C., by the Small Business Administration.
SBA Administrator Isabel Castillas Guzman said, “Our 2024 National Small Business Week award winners exemplify excellence, innovation, and commitment, and the SBA is proud to showcase their incredible achievements and impact on their communities and our economy.” Upon being notified of the award Manny said, “I am incredibly honored and humbled to receive the Small Business Owner of the Year award from the Small Business Administration. This recognition serves as a testament to my team’s hard work, dedication, innovation, and impact in our local community. As a small business owner, I have always strived to embody excellence in my company’s services and commitment to my clients. My team and I are proud to represent the thriving small business communities across the country, and we remain committed to driving innovation, growth, and positive change in our industry.”
Cosme is the founder and current president and CEO of CFO Services Group. The firm is focused on providing bookkeeping, outsourced accounting departments, and fractional CFO advisory services, to growing small businesses and non-profit organizations. The company is headquartered in D.C., with team members and clientele throughout the United States. In addition to working with private business and non-profit clients, CFO Services Group partners with various economic development agencies, such as local governments, chambers of commerce organizations, CDFIs and SBDC centers, to provide free financial literacy and technical assistance to businesses in underserved communities.
Manny has served as the Vice President of Finance & Administration for the United States Hispanic Chamber of Commerce. He recently served as the Finance Chair for the Greater Washington Hispanic Chamber of Commerce, and Vice President of the Equality Chamber of Commerce. He is often sought after in keynote discussions on entrepreneurism and finance for fellow business owners.
Maryland
What Anne Arundel County school board candidates think about book bans
State lawmakers passed Freedom to Read Act in April
BY ROYALE BONDS | Parents’ efforts to restrict content available to students in school libraries has become a contentious issue in Maryland. Conservative parent groups, such as Moms for Liberty, have been working to get books they believe are inappropriate removed from libraries in Carroll and Howard counties, sparking protests, new policies, and even a state law.
The Freedom to Read Act, passed in April, sets standards that books cannot be removed from public and school libraries due to an author’s background. Library staff that uphold the standard are protected under this act. The law, however, does not prohibit removing books deemed “sexually explicit,” the stated reason local Moms for Liberty chapters challenged school library books.
The rest of this article can be read on the Baltimore Banner website.
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