National
Key vote on LGBT student bill could come in June
Polis expects Senate committee vote on SNDA

Rep. Jared Polis said he expects a Senate committee to vote on SNDA in June. (Blade file photo by Michael Key)
A crucial vote on a non-discrimination measure for LGBT students could take place next month when a key Senate committee takes up education reform legislation.
Rep. Jared Polis (D-Colo.), a gay lawmaker who works on education issues, said Monday the Senate panel with jurisdiction over education reform is set to consider the Elementary & Secondary Education Act reauthorization in June.
“It’s a very complex area of law, and it’ll begin with Senate markups in June as Chairman [Tom] Harkin has indicated he plans to hold,” Polis said during a conference call hosted by the Center for American Progress.
Anti-bullying advocates have been pushing for the inclusion of SNDA, which Polis sponsors in the House, as part of larger education reform. SNDA prohibits public schools and school programs from discriminating against LGBT students.
Polis predicted Harkin’s initial mark for Elementary & Secondary Education Act reauthorization wouldn’t contain the pro-LGBT measures and suggested a vote would take place in committee to include SNDA in the larger bill.
“Although we don’t expect to see SNDA in the chairman’s mark of the initial bill, we are optimistic we can amend the ESEA because all but one of the Democrats on the committee are co-sponsors of the Student Non-Discrimination Act,” Polis said.
In the Senate, Sen. Al Franken (D-Minn.) sponsors SNDA. He’s a member of the Senate HELP committee, so any amendment to include this measure as part of Elementary & Secondary Education Act reauthorization would likely come from him.
As of last week, Sen. Kay Hagan (D-N.C.) was the sole Democrat on the Senate Health, Education, Labor & Pensions Committee who wasn’t a co-sponsor of SNDA.
But Stephanie Allen, a Hagan spokesperson, said her boss this week signed on as co-sponsor for the student non-discrimination bill.
Hagan’s co-sponsorship means Democrats on the HELP committee are unanimous in their support for SNDA. Additionally, her support brings the total number of SNDA supporters on the panel to 12, the majority needed for passage in committee.
Despite Polis’ remarks, Capitol Hill observers said the plan for proceeding in the Senate with education reform and SNDA haven’t yet been settled.
Shawn Gaylord, director of public policy for Gay, Lesbian & Straight Education Network, said he’s also heard that Harkin wants to proceed with education reform in June, but plans for SNDA inclusion haven’t yet been settled.
“You hear conflicting opinions on how that’s going to move forward,” Gaylord said. “I would imagine in the next two weeks, we’ll learn a little more about what the real strategy is, but at the moment I still think there’s viewpoints about what’s happening.”
Spokespersons for Democratic senators wouldn’t confirm that plans are in place to amend the Elementary & Secondary Education Act reauthorization to include SNDA during a markup in June.
Justine Sessions, a HELP committee spokesperson, was mum on the components that would be included in education reform as she acknowledged the committee is working on crafting a bi-partisan package.
“We are continuing to work to craft a comprehensive, bipartisan bill to reauthorize ESEA, and are not commenting on any specific elements of the legislation,” Sessions said.
Alexandra Fetissoff, a Franken spokesperson, said SNDA is a “big priority” for her boss, but plans for the legislation remain unclear.
“Right now the status of the bill is in flux and we’re still working very hard to get it included,” Fetissoff said. “As of today, every Democratic member of the HELP committee is a cosponsor of SNDA, which demonstrates its strong support in the committee. Beyond that we can’t comment on ongoing negotiations.”
Whether a vote on an amendment would also take place during the committee markup to include the Safe Schools Improvement Act, another anti-bullying bill, remains unclear.
In the Senate, Sen. Bob Casey (D-Pa.) sponsors SSIA which, among other things, would require public schools to establish codes of conduct explicitly prohibiting bullying and harassment.
Larry Smar, a Casey spokesperson, said plans to pursue SSIA in education reform are similarly not yet pinned down at this point.
“We don’t yet know what will be in the base bill,” Smar said. “Sen. Casey has urged Senator Harkin to include SSIA in the ESEA reauthorization. Since so much is unknown at this point I can’t get into exact strategy.”
SSIA doesn’t enjoy the same level of support in the HELP committee as SNDA, so adoption of the Casey bill as part of education reform may be more challenging.
Three Democrats on the panel aren’t co-sponsors of SSIA: Sens. Hagan, Jeff Bingaman (D-N.M.) and Michael Bennet (D-Colo.).
Jude McCartin, a Bingaman spokesperson, said his boss sometimes supports bills even though he doesn’t co-sponsor them.
“Sen. Bingaman supports [and] hopes the reauthorization of ESEA contains strong anti-bullying [and] non-discrimination provisions, though at this point in the negotiations it is unclear what those might be,” McCartin said.
Adam Bozzi, a Bennet spokesperson, said his boss believes that SNDA is the best way to end anti-gay harassment of students.
“Sen. Bennet supports addressing bullying in our schools, particularly as it relates to GLBT students,” Bozzi said. “He believes the best approaches include the Student Non-Discrimination Act, which he has co-sponsored in the Senate.”
Given that Hagan, Bingaman and Bennett are co-sponsors for SNDA and voted in favor of “Don’t Ask, Don’t Tell” repeal last year, their support for the SSIA is likely should the measure come up in committee.
Additionally, Sen. Mark Kirk (R-Ill.) was an original co-sponsor for SSIA, so his affirmative vote could make up for any single Democrat that doesn’t support the measure. Additionally, Kirk’s co-sponsorship may encourage other GOP members of the panel to vote in favor of the bill.
The extent to which the White House will lobby for passage of an LGBT-inclusive ESEA reauthorization package also remains to be seen.
The White House hasn’t yet enumerated support for either the SNDA or the SSIA, although it has called for safer schools as part of education reform without specifically mentioning anti-LGBT bullying.
Shin Inouye, a White House spokesperson, said the administration will work with Congress to produce education reform legislation that provides protections against harassment.
“When the Elementary and Secondary Education Act is being considered, we look forward to working with Congress to ensure that all students are safe and healthy and can learn in environments free from discrimination, bullying and harassment,” Inouye said.
Gaylord said the White House has expressed support for the anti-bullying policy, but hasn’t been visible in working to pass LGBT-inclusive education reform.
“What they might be doing behind the scenes, I don’t know,” Gaylord said. “I suspect one possibility may be that they’re waiting for stronger signals that this is really moving forward and, again, that could all become clear in the next week or two because it does seem like there’s some new activity happening.”
But the biggest challenge in passing LGBT-inclusive education reform legislation is ensuring that the enumerated protections meet majority approval in the Republican-controlled House.
Rep. John Kline (R-Minn.), chair of the House Committee on Education & the Workforce, has said he envisions education reform as a series of smaller bills as opposed to one larger piece of reform legislation.
Last week, Rep. Duncan Hunter (R-Calif.) introduced the first of these bills: the Setting New Priorities in Education Spending Act. The bill proposes to cut 43 education programs, many of which were already defunded in the final FY-2011 budget agreement signed into law by President Obama.
Alexandra Sollberger, a spokesperson for the House Committee on Education & the Workforce, was non-committal in response to an inquiry on whether Kline would be open to pro-LGBT elements in education reform.
“We are holding ongoing discussions with minority committee staff on the content of these bills,” Sollberger said.
But Sollberger said any provision dealing with safe schools would come up last in Kline’s plan for education reform legislation.
“The education reform bills will each address a different theme, such as flexibility, teachers, and accountability,” she said. “Any efforts to address safe school issues will likely come into play with the accountability legislation, which is likely to be the last piece of the puzzle.”
Polis said SNDA advocates in the House will work to build the number of co-sponsors for the legislation to enhance its chances for passage as part of education reform.
“Our work in the meantime … is to simply increase the number of sponsors and show that this piece of legislation will have among the top number of sponsors and supporters than any other legislation for ESEA,” Polis said.
As of deadline, the legislation has 132 co-sponsors — including two Republicans — which is more than the bill had in the last Congress when Democrats were in control of the House.
Another pending bill that would help LGBT students is the Tyler Clementi Higher Education Anti-Harassment Act, which would require colleges to establish policies against harassment.
Polis said the legislation is focused on higher education so wouldn’t be part of Elementary & Secondary Act reauthorization.
“It wouldn’t be included in ESEA,” Polis said. “That’s just the K-12 grade piece, so it would be a different area of federal law.”
National
Anti-trans visa ruling echoes Nazi regime destroying trans documents
Trump administration escalates attacks on queer community
The Lemkin Institute for Genocide Prevention and Human Security earlier this month released its third Red Flag Alert for the United States about the Trump administration’s anti-trans legislation. As the Lemkin Institute shared in the press release, “the Administration has moved from identifying transgender people as as threat to the family and to the nation’s military prowess to claiming that transgender people constitute a cosmic threat to the spiritual health of the nation and the great direct threat to the US national security in the world.”
The news came the same day that the State Department issued a new rule, “Enhancing Vetting and Combatting Fraud in the Immigrant Visa Program.” Under this new guidance, all visa applicants are required to disclose their “biological sex at birth” during all stages of the process, “even if that differs from the sex listed on the applicant’s foreign passport or identifying documentation.”
This rule also orders that applicants to the green card lottery program share their passport information, so in knowingly collecting passport information that the agency knows will not match a person’s biological sex at birth, it’s creating grounds to deny trans peoples’ biases on the basis of “fraud,” Aleksandra Vaca of Transitics explains.
As is written in the new ruling, “the Department is replacing ‘gender’ with ‘sex’ in accordance with E.O. 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, which provides that the term ‘sex’ shall refer to an individual’s sex at birth. Only male and female sex options are available for entrants completing the Diversity Visa entry form.”
Along with outright denying the existence of nonbinary, genderqueer and gender expansive people, this policy creates a precedence for trans people to be stripped of their visas and deported because under 8 U.S.C. § 1182(a)(6)(C)(i), any foreigner found to have obtained or possess a visa “by fraud or willfully misrepresenting a material fact” will have their visa revoked and face deportation.
By requesting information on “biological sex at birth,” the State Department is forcing a mismatch between documents and enabling officials to accuse trans, nonbinary, and gender expansive immigrants of fraud. Thus, trans and nonbinary immigrants can have their visas revoked and can be deported, and information gathered from immigrants during the visa request process can be added to federal databases and used by immigration authorities, including ICE agents.
With the Supreme Court’s decision this past year allowing ICE officers to use racial profiling, Vaca argues that “now, The Trump administration has given ICE the reason it needs. Under this rule, ICE agents now have the enforcement rationale to assert that trans people–especially those belonging to racial minority groups–are more likely than cis people to have ‘misrepresented’ themselves during the visa process, and therefore, are more likely to enter the country ‘unlawfully.’”
This would enable ICE agents to target trans individuals specifically for being trans. If the goal of this were unclear, a day later the Trump administration released its statement for Women’s History Month 2026, writing that “we are keeping men out of women’s sports, enforcing Title IX as it was originally written and ensuring colleges preserve–and, where possible, expand–scholarships and roster opportunities for female athletes. We are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”
And this is not the first time that ICE has targeted and harmed trans and nonbinary immigrants. Last June, Vera reported that ICE is not including trans people in detection in their public reports, and back in 2020, AFSC reported that trans people held in ICE detention faced “dreadful, ugly” conditions.
While it seems like a new development in Trump’s anti-trans escalation, it echoes a deeply upsetting history of denying and destroying transgender people’s documents following members of the Nazi party seizing power in 1933.
In the early 20th century, Weimar, Germany was an epicenter for gender affirming care with Maganus Hirschfeld’s Institute for Sexual Science. One of the first book burnings of the rising Nazi regime destroyed the Institute’s extensive clinical records and library on trans health and history by Nazi students and stormtroopers. In doing so, the Nazis effectively destroyed the world’s first trans health clinic and one of the richest and most comprehensive collective of information about trans healthcare.
Similarly, the Nazi government invalidated or refused to recognize what was called “transvestite passes,” or passing certificates that allowed trans people to avoid arrest under Paragraph 175 which prohibited cross-dressing. During the Weimar Republic — the regime that preceded the Third Reich — recognized and affirmed the identities of trans people (in limited ways) with specific documentation that helped prevent them from arrest. Invalidating and disregarding these passes allowed police and Nazi officials to target trans people and harass, extort and arrest them, and the record of passes themselves helped officials target trans people.
The changes to visa guidelines — alongside Kansas’s move to revoke trans drivers’ licenses last month — is reflective of this escalation of violence against trans people during the Nazi’s rise to power, which scholars like Dr. Laurie Marhoefer is just beginning to uncover. And along with the revocation of identification documents this past week, a recent Fourth Circuit Court ruled that states can deny Medicaid coverage for gender-affirming surgery.
The Fourth Circuit Court decision affirmed the Supreme Court’s decision in Skrmetti, which ruled that bans on gender affirming healthcare for young people are constitutional. This ruling extends this ban to include adult healthcare bans, allowing West Virginia’s exclusion of Medicaid coverage for adult gender affirming healthcare to take full effect. Even more upsetting was what the ruling itself said, calling gender affirming healthcare “dangerous.”
As was written in the Fourth Circuit Opinion, “it’s not irrational for a legislature to encourage citizens ‘to appreciate their sex’ and not ‘become disdainful of their sex’ by refusing to fund experimental procedures that may have the opposite effect.”
In reality, what this ruling and the opinion reflect, is the next step in government regulation and oversight over marginalized peoples’ bodies. From the overturn of Roe v. Wade, which removed federal protection of access to abortion, this next step represents the denial of people’s access to vital, lifesaving care–and to be clear, gender affirming care is not just for trans, nonbinary, and intersex people. It’s a dangerous escalation and one that echoes previous violence against trans people under fascist regimes; the Lemkin Institute is right to raise concern.
Pennsylvania
Pa. House passes bill to codify marriage equality in state law
Governor supports gay state Rep. Malcolm Kenyatta’s measure
The Pennsylvania House of Representatives on Wednesday passed a bill that would codify marriage equality in state law.
House Bill 1800 passed by a 127-72 vote margin. Twenty-six Republicans voted for the measure.
The Republican-controlled Pennsylvania Senate will now consider the bill that state Rep. Malcolm Kenyatta (D-Philadelphia), who is the first openly gay person of color elected to the state’s General Assembly, introduced. Democratic Gov. Josh Shapiro supports the measure.
“Here in Pennsylvania, we believe in your freedom to marry who you love,” said Shapiro on Wednesday. “Today, the House has stepped up to protect that right.”
BREAKING: The Pennsylvania House just passed @RepKenyatta's bill to codify marriage equality into law in PA — and they did it with broad bipartisan support.
— Governor Josh Shapiro (@GovernorShapiro) March 25, 2026
Here in Pennsylvania, we believe in your freedom to marry who you love. Today, the House has stepped up to protect that…
Florida
DeSantis signs emergency bill that restores Fla. ADAP funding
Temporary funds to last through June 30
After the Florida Department of Health made huge cuts to the AIDS Drug Assistance Program in January, Republican Gov. Ron DeSantis has signed emergency legislation restoring HIV access to more than 12,000 Floridians.
Two months ago, as the Washington Blade reported, the Sunshine State cut the vast majority of those in ADAP by shifting the income levels required for eligibility — without following standard procedure when changing government policy outside of legislative or executive action.
The bill, signed by DeSantis on Tuesday, passed both chambers of the Florida Legislature unanimously and appropriates $30.9 million in emergency bridge funding through June 30, 2026. It restores Florida’s ADAP income eligibility to 400 percent of the Federal Poverty Level — the level it was prior to the January cuts. The legislation also requires the FDOH to submit detailed monthly financial reports to legislative leadership beginning April 1.
Under the old policy, eligibility would have been limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.
“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” Esteban Wood, director of advocacy and legislative affairs at AIDS Healthcare Foundation, said in a statement.
The detailed reports now required to be sent to legislative leadership must include all federal revenues and expenditures, including manufacturer rebates; enrollment figures by county and insurance status; prescription utilization by drug class; and any projected funding shortfalls. This is the first time the Legislature has required this level of financial transparency from the program.
DeSantis signed the legislation one day after a Leon County Circuit Court judge denied AIDS Healthcare Foundation’s request for an injunction to block the significant changes the DeSantis administration is making to the program, which it claims faces a $120 million shortfall for calendar year 2026.
AIDS Healthcare Foundation, a national organization focused on protecting and expanding HIV healthcare access and prevention methods, filed a lawsuit over the change in eligibility, arguing the Florida Department of Health did not follow the laid out path for formally changing policy and was acting outside established procedures.
Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AIDS Healthcare Foundation, none of these steps occurred.
The long-term structure of ADAP will be determined by the 2026–2027 fiscal year state budget, something that lawmakers have until June 30 to finish.
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