National
HUD: Religious groups must abide by LGBT non-bias rule
Frank praises administration’s ‘important policy’
A Department of Housing & Urban Development official said Monday religious institutions receiving federal funds for housing programs will have to abide by a new HUD rule prohibiting discrimination against LGBT people.
John TrasviƱa, assistant secretary forĀ Fair Housing and Equal Opportunity, confirmed the rule would impact religious institutions during a conference callĀ in response to a question from the Washington Blade, saying, “All HUD housing providers are covered under this rule.”
Asked to clarify whether these providers include religious institutions,Ā TrasviƱa replied, “Yes.”
Ian Thompson, the ACLU’s legislative representative, first wrote inĀ a blog postingĀ on the ACLU’s siteĀ last week that the rule will cover religious institutions that receive money for federal programs.
“[T]he rule will requireĀ allĀ organizations that operate HUD-assisted or HUD-insured housing facilities to serve LGBT Americans looking for shelter and housing ā including religious organizations,” Thompson said. “[O]nce a religious organization chooses to provide housing services or programs with the aid of federal funds and benefits from HUD, it cannot shield itself from traditional safeguards that protect civil rights in the provision of those services.”
Thompson added that religious organizations providing entirely private housing services are unaffected by the change.
“We are pleased that HUD said that all organizations must provide equal access to HUD housing programs and did not sanction the use of religion to discriminate,” Thompson concluded.
The rule,Ā first proposed in January, covers programs serving an estimated 5.5 million Americans, including those living in low-income subsidized housing.
The measure, which has four general components, requires owners and operators ofĀ HUD-assisted housing to make housing available to applicants and occupants regardless of their LGBT status.
The rule clarifies āfamiliesā otherwise eligible for HUD programs canāt be excluded because of one or more members of the family’s sexual orientation, gender identity or marital status.
Additionally, the rule prohibits owners and operators of HUD-assisted housing or housing whose financing is insured by HUD from inquiring about the sexual orientation or gender identity of an applicant or occupant of a dwelling, whether renter or owner-occupied.
TrasviƱa said HUD clarified this provision doesn’t prohibit voluntary and anonymous reporting of LGBT status in state, local or federal data collection requirements.
Additionally, the measure has a bearing onĀ mortgage insurance programs.Ā It prohibits lenders from using LGBT status as a basis to determine a borrowerās eligibility for Federal Housing Administration-insured mortgage financing.
“These days, when one-third of new homebuyers are served by FHA lenders, this last element to make sure that one’s sexual orientation or gender identity is not a basis for denying an FHA loan is critically important to America’s families,”Ā TrasviƱa said.
TrasviƱa added that rule is “governed as a HUD program rule,” so, unlike the Fair Housing Act provision, HUD offices throughout the country will enforce it and not just the Office of Fair Housing & Equal Opportunity.
HUD Secretary Shaun Donovan announced on Saturday during a speech at the 24th annual Creating Change conference that HUD would this week make final the rule by publishing it in the Federal Register. On Monday, the department published the text of the final regulation.
TrasviƱa confirmed that the Federal Register would publish the rule this week, but in response to another Blade question said he couldn’t give a more definitive time for when the rule will be published.
“That’s a little bit out of our control,”Ā TrasviƱa said. “Typically, the rules get printed within a week once they’re submitted, so the rule has been submitted, we’re just waiting for its publication.”
Trasviña noted that publication of the rule will start the 30-day period before the measure will go into effect and expects the measure to go into effect starting in March.
In a statement provided by HUD, gay Rep. Barney Frank (D-Mass.) commended the department for implementing the change, saying āI am grateful to the Obama administration for instituting this important policy.”
National
Supreme Court deals blow to trans student privacy protections
Under this ruling, parents are entitled to be informed about their childrenās gender identity at school, regardless of state protections for student privacy.
The Supreme Court on Monday blocked a California policy that allowed teachers to withhold information about a studentās gender identity from their parents.
The policy had permitted California students to explore their gender identity at school without that information automatically being disclosed to their parents. Now, educators in the state will be required to inform parents about developments related to a studentās gender identity, depending on how the case proceeds in lower courts.
The case involves two sets of parents ā identified in court filings as John and Jane Poe and John and Jane Doe ā both of which say their daughters began identifying as boys at school without their knowledge, citing religious objections to gender transitioning.
The Poes say they only learned about their daughter’s gender dysphoria after she attempted suicide in eighth grade and was hospitalized. After treatment for the attempt and after being returned to school the following year, teachers continued using a male name and pronouns despite the parentsā objections, citing California law. The Poes have since placed their daughter in therapy and psychiatric care.
Similarly, the Does say their daughter has intermittently identified as a boy since fifth grade, but while their daughter was in seventh grade, they confronted school administrators over concerns that staff were using a male name and pronouns without informing them. The principal told them state law barred disclosure without the childās consent.
Both sets of parents filed lawsuits in the U.S. District Court for the Southern District of California challenging the state policy that protects studentsā gender identity and limits when schools can disclose that information to parents.
The justices voted along ideological lines, with the courtās six conservative members in the majority and the three liberal justices dissenting.
āWe conclude that the parents who seek religious exemptions are likely to succeed on the merits of their Free Exercise Clause claim,ā the court said in an unsigned order. āThe parents who assert a free exercise claim have sincere religious beliefs about sex and gender, and they feel a religious obligation to raise their children in accordance with those beliefs. Californiaās policies violate those beliefs.ā
In dissent, the three liberal justices argued that the case is still working its way through the lower courts and that there was no need for the high court to intervene at this stage. Justice Elena Kagan wrote, āIf nothing else, this Court owes it to a sovereign State to avoid throwing over its policies in a slapdash way, if the Court can provide normal procedures. And throwing over a Stateās policy is what the Court does today.ā
Conservative Justices Samuel Alito and Clarence Thomas indicated they would have gone further and granted broader relief to the parents and teachers challenging the policy.
The emergency appeal from a group of teachers and parents in California followed a decision from the United States Court of Appeals for the Ninth Circuit that allowed the stateās policy to remain in effect. The appeals court had paused an order from U.S. District Judge Roger Benitez ā who was nominated by George W. Bush ā that sided with the parents and teachers and put the policy on hold.
The legal challenge was backed by the Thomas More Society, which relied heavily on a decision last year in which the courtās conservative majority sided with a group of religious parents seeking to opt their elementary school children out of engaging with LGBTQ-themed books in the classroom.
California Attorney General Rob Bonta expressed disappointment with the ruling. āWe remain committed to ensuring a safe, welcoming school environment for all students while respecting the crucial role parents play in studentsā lives,ā his office said in a statement.
The decision comes as the Trump administration has taken a hardline approach to transgender rights. During his State of the Union address last week, President Donald Trump referenced Sage Blair, who previously identified as transgender and later detransitioned, describing Blairās experience transitioning in a public school. According to the president, school employees supported Blairās chosen gender identity and did not initially inform Blairās parents.

Last year, the court upheld Tennesseeās ban on gender-affirming medical care for transgender minors and has allowed enforcement of a policy barring transgender people from serving in the military to continue during Trumpās second term.
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].Ā
Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, āIām honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors ā helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.ā
Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamberās mission is to āempower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.ā Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.
Pontes earned his bachelorās degree in political science from the University of Massachusetts, Dartmouth.
Kansas
ACLU sues Kansas over law invalidating trans residentsā IDs
A new Kansas bill requires transgender residents to have their driverās licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driverās licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driverās license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driverās licenses and that their current credentials ā regardless of expiration date ā will be considered invalid upon the lawās publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth ā a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings ā including libraries, courthouses, state parks, hospitals, and interstate rest stops ā with the possibility for criminal penalties, but also allows for what critics have described as a ābathroom bounty hunterā provision. The measure permits anyone who encounters a transgender person in a restroom ā including potentially in private businesses ā to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitutionās protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order ā followed by a temporary injunction ā is necessary to prevent the āirreparable harmā that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that āpersecution is the point.ā
āThis legislation is a direct attack on the dignity and humanity of transgender Kansans,ā said Monica Bennett, legal director of the ACLU of Kansas. āIt undermines our stateās strong constitutional protections against government overreach and persecution.ā
āSB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,ā said Harper Seldin, senior staff attorney for the ACLUās LGBTQ & HIV Rights Project. āThe invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.ā
āSB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislatureās preferences,ā said Heather St. Clair, a Ballard Spahr litigator working on the case. āBallard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.ā
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