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Polis reintroduces bill to protect LGBT students

Student Non-Discrimination Act has bi-partisan support

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Jared Polis, Colorado, United States House of Representatives, Democratic Party, gay news, Washington Blade

Jared Polis, Colorado, United States House of Representatives, Democratic Party, gay news, Washington Blade

Rep. Jared Polis (D-Colo.) has reintroduced the Student Non-Discrimination Act (Washington Blade photo by Michael Key)

The most senior openly gay member of the U.S. House on Thursday introduced legislation to protect LGBT students in public schools from bullying and harassment.

Rep. Jared Polis (D-Colo.), a former chair of the Colorado State Board of Education, announced during a conference call with reporters his plans to reintroduce the Student Non-Discrimination Act in the U.S. House.

“We need to protect kids at school regardless of what adults think about the different ways that people live their lives,” Polis said. “Our schools need to be a safe place where everybody can go to learn; nobody should be forced to drop out or not attend school for fear. Education is the right of every student, regardless of their sexual orientation or gender identity.”

Modeled after Title IX of the Education Amendments of 1972, SNDA establishes LGBT students as a protected class and prohibits schools from discriminating against any student based on actual or perceived sexual orientation or gender identity, including by allowing bullying against them. According to the LGBT Equality Caucus, the language in the new bill is the same as it has been in previous years.

The bill has bipartisan support right off the bat.

Rep. Ileana Ros-Lehtinen (R-Fla.), a former Florida certified teacher and is known as the most pro-LGBT Republican in the U.S. House, is among the original co-sponsors of SNDA.

“There are currently no protections for federal law against this discrimination and harassment based on sexual orientation or gender identity, so the federal law is failing LGBT students and this is an injustice that needs to be corrected,” Ros-Lehtinen said.

Ros-Lehtinen added she hopes that “every legislator — whether they’re Democrat or Republican” can look at the legislation “in a sensible way” and realize that LGBT students should be a protected class against discrimination.

Polis said each of the six openly LGB members of Congress — himself, Rep. David Cicilline (D-R.I.), Rep. Sean Patrick Maloney (D-N.Y.), Mark Pocan (D-Wis.), Kyrsten Sinema (D-Ariz.) and Mark Takano (D-Calif.) — are among the co-sponsors of the legislation. Polis also identified House Minority Leader Nancy Pelosi (D-Calif.) as an original co-sponsor.

Joining the lawmakers on the conference call was a student and a parent of a student who say they’ve experienced discrimination in schools based on LGBT status.

Becky Collins talked about how her son Zach Collins was bullied for being gay while attending school in Chillicothe, Ohio.

“I have called the school several times while he was in grade school, then middle school came — and it’s more hurtful words, it’s shoving him into the locker, it’s touching him inappropriately,” Collins said. “My son, he just kind of took it with a grain of salt, even though I kept calling, kept calling. They said, ‘We’ll talk to him. We’ll talk to him.’ And still nothing changed for my son.”

After this bullying led to her son being beaten in the classroom two years ago, Collins said she had to involve the local sheriff because the school wouldn’t take action. Instead, the school principal urged her son to be the one to make the change so that he would no longer be targeted.

“The principal looks at my son and says, ‘I don’t have any other problem with any other student but you. What can we do to change you?'” Collins said. “They wanted my son to change, not the children that are torturing him daily, shoving him into walls and lockers and touching him in places that you shouldn’t touch another person.”

Also on the call was Bayli Silberstein, a bisexual eighth grade student from Florida who spoke about the difficulties she’s facing in her attempts to create a Gay-Straight Alliance to address the bullying that she and her friends face.

“My friends and I tried to start one last year, and our principal said ‘no,'” Silberstein said. “But they already had some clubs; they had a Christian club and they had a bullying club. So I was a little confused, and I wanted to try again. And the principal said we had to submit it to the school board. They made a really big deal out of it, and tried to cancel all extracurricular clubs for every middle school in the county.”

According to the American Civil Liberties Union, students already have the right to form GSAs under the Equal Access Act, a 1984 law that compels secondary schools to provide equal access to extracurricular clubs.

Ellen Kahn, director of the Human Rights Campaign Family Project, offered statistics demonstrating the degree of bullying that LGBT students face in schools.

According to an HRC survey cited by Kahn, 64 percent of LGBT teens — compared to 47 percent of non-LGBT teens — never participate in afterschool activities out of fear of discrimination or bullying. She also said LGBT youth are twice as likely as their non-LGBT peers to experience to bullying or harassment in school.

“While most of the bullying and exclusion is the perpetuated by their peers, we also know that adults who work in our schools — from bus drivers, to teachers — engage in anti-LGBT behavior and discrimination as well,” Kahn said.

Passage of SNDA — as with any pro-LGBT bill — will be difficult along as a Republican majority controls the House, but Polis nonetheless saw an opportunity for passage if Congress takes up the reauthorization of the Elementary and Secondary Education Act.

“There’s dozens, if not hundreds, of education bills and certainly a number of others that I co-sponsor that we hope to include in ESEA reauthorization,” Polis said. “We don’t know the overall likelihood of ESEA reauthorization, but it certainly remains one of my top priorities, and of course, including SNDA as part of that is critical.”

Last year, LGBT groups urged the Senate Education Labor and Pensions Committee to include SNDA when it marked up ESEA reauthorization. Sen. Al Franken (D-Minn.), who has sponsored SNDA in the Senate, gave an impassioned speech against anti-gay bullying before the committee, but withdrew the measure as an amendment. After the larger vehicle was reported out of committee, it didn’t go anywhere and ultimately died in the Senate.

Polis acknowledged another more challenging route for the bill is passage of the measure as a standalone bill through a markup process in the House Committee on Education and the Workforce. The Colorado said he intends to speak with Chairman John Kline (R-Minn.) about the legislation to pursue this path, but the more co-sponsors would build pressure on him to markup the bill.

LGBT groups praised SNDA upon Polis reintroduction of the bill as means to ensure LGBT youth are protected from discrimination and harassment while attending school.

Ian Thompson, legislative representative of the ACLU, was among those who hailed the bill and called it “the single most important step” that Congress could take to help LGBT students.

“Though the pace of positive progress on LGBT rights over the past several years has been dizzying, there is shockingly no federal law that explicitly protects LGBT students from discrimination and harassment in our nation’s public schools,” Thompson said. “We urge Congress to pass this bipartisan legislation and in doing so affirm that every student deserves the opportunity to attend school and learn without fear.”

On the same day that Polis introduced SNDA, a group of more than 82 advocacy organizations sent a letter to members of Congress urging them to sign on in support of the legislation.

“The Student Non-Discrimination Act presents us with a historic opportunity to offer critical protections to current and future generations of LGBT youth and their student allies by ensuring that discrimination against and harassment of students on the basis of their sexual orientation or gender identity will have no place in our country’s public elementary and secondary schools,” the letter states.

Signers of the letter include LGBT groups, such as the Human Rights Campaign, the National Gay and Lesbian Task Force Action Fund, the Gay, Lesbian & Straight Education Network and Log Cabin Republicans, and other groups, such as the ACLU, the NAACP and the National Council of La Raza.

The exact timing for Senate introduction of SNDA is unknown. A Senate aide said Franken is planning on introducing the bill in the upcoming weeks.

Another bill that would address anti-gay bullying is the Safe Schools Improvement Act, which would require schools to adopt codes of conduct against bullying, including on the basis of LGBT status, and report bullying data to Department of Education Education. That legislation is sponsored by Rep. Linda Sanchez (D-Calif.) in the House and Sen. Bob Casey (D-Pa.) in the Senate.

Following calls from LGBT advocates, the White House announced last year that President Obama had endorsed both SNDA and SSIA. Asked whether Obama still holds the position on both bills today, Shin Inouye, a White House spokesperson, said Obama supports “the goals” of SNDA.

“We support the goals of the Student Non-Discrimination Act introduced by Congressman Polis today,” Inouye said. “We look forward to working with Congress to ensure that all students, including LGBT students, are safe and healthy and can learn in environments free from discrimination, bullying, and harassment.”

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Congress

Senate parliamentarian orders removal of gender-affirming care ban from GOP reconciliation bill

GOP Senate Leader John Thune (S.D.) hoped to pass the bill by end-of-week

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(Washington Blade photo by Michael Key)

Restrictions on the use of federal funds for gender-affirming care will be stripped from the Republican-led Senate reconciliation bill, following a ruling by the Senate parliamentarian on Tuesday that struck down a number of health related provisions.

The legislation banned coverage for transgender medical care through Medicaid and the Children’s Health Insurance Program, language that was also included in the House version of the bill passed on May 22 with a vote of 215-214.

The parliamentarian’s decision also rejected Republican proposals for a Medicaid provider tax framework, which allows states to charge health care providers and use the funds to support their programs, along with broader cuts to Medicaid.

Amid calls to override Tuesday’s ruling from Republicans like U.S. Rep. Greg Steube (Fla.), GOP Senate Majority Leader John Thune (S.D.) told reporters “That would not be a good outcome for getting a bill done.”

He also acknowledged that the timing and schedule might have to be adjusted. Senate Republicans had hoped to pass the reconciliation bill by the end of this week, though this was not a legal or procedural deadline.

Dubbed the “one big, beautiful bill” by President Donald Trump, the legislation would extend tax breaks from 2017 that overwhelmingly benefit the wealthiest Americans and corporations. To cover the cost, which is estimated to exceed $4 trillion over 10 years, the bill would make drastic cuts to social welfare programs, particularly Medicaid.

Democrats are not in a position to negotiate across the aisle with Republicans holding majorities in both chambers of Congress, but for months they have been calling attention to the effort by their GOP colleagues to strip Americans of their health insurance to pay for the tax breaks.

The Congressional Budget Office estimates that 10.9 million people would lose their coverage, either through Medicaid or the Affordable Care Act marketplaces. Some Republicans like U.S. Sen. Josh Hawley (Mo.) are pushing back against the deep cuts to Medicaid, arguing they would be devastating for many of their constituents and also to hospitals, nursing homes, and community health care providers in rural areas.

In a statement emailed to the Washington Blade on Tuesday, U.S. Senate Democratic Whip Dick Durbin (Ill.) said, “Anti-trans extremists are attempting to use the full power of the government to hurt kids, and recent Supreme Court decisions in Skrmetti and Medina are enabling their quest.”

While today’s ruling by the Senate parliamentarian is a temporary win, I will keep pushing back on these shameful attempts to harm trans kids and their families for trying to live authentically,” said the senator, who also serves as ranking member of the powerful Senate Judiciary Committee.

U.S. Rep. Mark Takano (D-Calif.), who is gay and chairs the Congressional Equality Caucus, also shared a statement with the Washington Blade addressing the parliamentarian’s ruling:

“This ruling by the Senate Parliamentarian is a win for the transgender people who rely on Medicaid and CHIP to access the healthcare they need to live fuller, happier, and healthier lives—but the fight is not over yet,” the congressman said.

 “Republican Senators must abide by her ruling and remove the ban from the final version of Trump’s Big Ugly Bill,” he said. “Yet, even with this provision removed, this bill is terrible for the American people, including trans Americans. Every Equality Caucus member voted against it in the House and we’re ready to do so again if the Senate sends it back to the House.”

The Human Rights Campaign issued a press release with a statement from the organization’s vice president for government affairs, David Stacy:

“The fact remains that this bill belongs in the trash. It continues to include devastating cuts to health care programs — including Medicaid — that would disproportionately harm the LGBTQ+ community, all so the already rich can receive huge tax cuts,” Stacy said.

“While it comes as a relief that the Senate parliamentarian concluded that one provision in the nightmarish reconciliation bill that would have denied essential, best practice health care to transgender adults does not belong, we aren’t done fighting,” he said. “With attacks on our community coming from many directions, including the Supreme Court, we will work to defeat this bill with everything we’ve got.”


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Murkowski, Shaheen reintroduce Global Respect Act

Bill would sanction foreign nationals who commit anti-LGBTQ human rights abuses

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Then-U.S. Ambassador to Hungary David Pressman marches in the 2024 Budapest Pride parade that took place against the backdrop of the Hungarian government's continued anti-LGBTQ crackdown. The Global Respect Act would sanction foreign nationals who carry out human rights abuses against LGBTQ and intersex people. (Photo courtesy of Pressman's X account)

U.S. Sens. Lisa Murkowski (R-Alaska) and Jeanne Shaheen (D-N.H.) on Wednesday once again introduced a bill that would sanction foreign nationals who carry out human rights abuses against LGBTQ and intersex people.

The two senators have previously introduced the Global Respect Act. Co-sponsors include U.S. Sens. Chris Van Hollen (D-Md.), Chris Murphy (D-Conn.), Jeff Merkley (D-Ore.), Cory Booker (D-N.J.), Peter Welch (D-Vt.), Brian Schatz (D-Hawaii), Edward Markey (D-Mass.), Tammy Baldwin (D-Wis.), and Ron Wyden (D-Ore.)

“Around the world, individuals who are part of the LGBTQ+ community are in danger for simply existing,” said Murkowski in a press release. “Hate and violence cannot and should not be tolerated. I’m hopeful that this legislation will establish actionable consequences for these inexcusable human rights violations, and create a safer world for all people — regardless of who they are or who they love.” 

Shaheen in the press release notes “the risk of personal harm for LGBTQI individuals for publicly identifying who they are or expressing who they love has tragically increased in recent years.”

“Human rights, as defined by the Universal Declaration of Human rights, recognizes that global freedom, justice, and peace depend on ‘the inherent dignity’ and ‘the equal and inalienable rights of all members of the human family,” said the New Hampshire Democrat. “LBGTQI human rights are universal human rights. We must ensure that we hold all violators of those rights accountable.” 

The promotion of LGBTQ and intersex rights abroad was a cornerstone of the Biden-Harris administration’s foreign policy.

The current White House has suspended most foreign aid. The elimination of these funds has left the global LGBTQ and intersex rights movement reeling.

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Garcia elected top Democrat on the House Oversight Committee

Gay Calif. lawmaker vows to hold Trump-Vance administration accountable

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U.S. Rep. Robert Garcia (D-Calif.) (Washington Blade photo by Michael Key)

U.S. Rep. Robert Garcia (D-Calif.) on Tuesday was elected top Democrat on the House Oversight Committee in a vote that signaled the conference’s overwhelming support for a newer voice on Capitol Hill who will play a key role taking on President Donald Trump.

With a margin of 150-63, the 47-year-old openly gay congressman defeated U.S. Rep. Stephen Lynch (D-Mass.), alongside U.S. Reps. Jasmine Crockett (D-Texas) and Kweisi Mfume (D-Md.) who exited the race after the House Democratic Steering and Policy Committee backed Garcia.

Serving only since 2023, the congressman has had a remarkably quick ascent leading up to his election this week as ranking member of one of the most powerful House committees, awarded a leadership position serving under House Democratic Whip Katherine Clark (Mass.) and selected as a co-chair of former Vice President Kamala Harris’s 2024 presidential campaign.

Democratic members began jockeying for the top seat on the oversight committee this spring after the late-U.S. Rep. Gerry Connolly of Virginia stepped away amid news that his esophageal cancer had returned. He died in May.

Connolly last year fended off a challenge from one of the most well known House Democrats, U.S. Rep. Alexandria Ocasio-Cortez (N.Y.), though with a narrower margin that signaled intra-party tensions over whether leadership roles should still be awarded based on seniority.

Garcia positioned himself as a bridge between the two camps — a consensus candidate with executive managerial experience as the former mayor of Long Beach, Calif. At the same time, particularly since the start of Trump’s second term, the congressman has emerged as one of the most outspoken critics of the new Republican regime.

In a statement on X Tuesday, Garcia thanked his colleagues and promised to “hold Donald Trump and his administration accountable.”

If Democrats win control of the House next year, the oversight committee will be able to exercise powers that are now available only to Republicans under the chair, U.S. Rep. James Comer (R-Ky.), which include the authority to investigate virtually any matter across the federal government, to issue subpoenas, and to compel testimony.

In the meantime, Garcia on Monday promised that Democrats on the committee would “vigorously fight” Republican Speaker Mike Johnson’s (La.) plans “to dismantle the Government Accountability Office.”

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