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House panel rejects LGBT protections in domestic violence bill

Measures offered by Polis, Nadler, Quigley voted down

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Rep. Jared Polis (D-Colo.) (Blade file photo by Michael Key)

A Republican-controlled House panel beat back measures on Tuesday that would have made LGBT protections part of legislation aiming to extend federal authorization for domestic violence programs.

The House Judiciary Committee voted down several measures that would have made the House version of the Violence Against Women Act reauthorization LGBT-inclusive.

One amendment that was offered by Rep. Jared Polis (D-Colo.) — voted down on a 14-18 vote — would have prohibited domestic violence programs receiving funds under VAWA from discriminating against someone based on actual or perceived sexual orientation or gender identity.

“The Violence Against Women Act needs to be an inclusive bill that covers all of today’s families, whether those families are composed of a man and a woman, or two women or two men, and that’s why I’m offering this amendment,” said Polis, who’s gay.

Polis continued, “It doesn’t say anything about a particular lifestyle that members of the committee may not agree personally agree with. It simply says the law needs to be applied equally.”

Prior to the vote on the amendment, anti-gay Rep. Steve King (R-Iowa) voiced opposition, saying other characteristics such as race and sex are immutable, but sexual orientation and gender identity are “self-professed” identifications.

“I also make the point that this is supposed to be the Violence Against Women Act,” King said. “Even though that is the case and that needs to be the subject of this discussion; we still are bringing up the subject of sexual orientation and gender identity when people no matter what their sexual orientation or gender identity are covered under this bill.”

King called for more data that LGBT non-discrimination protections are needed for domestic violence programs and said other vehicles would be more appropriate for dealing with this bias other than the Violence Against Women Act.

But Rep. Sheila Jackson-Lee (D-Texas) responded by saying the committee shouldn’t be “in the business of limiting” protections that would be afforded under the legislation.

Another amendment came from Rep. Jerrold Nadler (D-N.Y.) that would have explicitly included the LGBT community in VAWA’s “STOP Grant Program.” It was voted down along party lines by a 12-15 vote.

“With this addition, STOP grant recipients would be able to offer programs to target members of the LGBT community who are not otherwise being served,” Nadler said. “This would not be a requirement of any STOP grant recipient, but would allow entities to use STOP grants for this purpose if they so choose.”

The “STOP Grant Program” is the largest program funded under the law and provides funding to care providers who collaborate with prosecution and law enforcement officials to address domestic violence.

Yet another amendment from Rep. Mike Quigley (D-Ill.) would have explicitly included sexual orientation and gender identity as part of the underserved groups protected under VAWA. Like the others, the measure was voted down on a party-line basis, 13-16.

In his remarks introducing the amendment, Quigley criticized the House version of VAWA reauthorization for not going far enough to protect LGBT victims of domestic violence as well as other groups.

“Domestic violence affects people from all walks of life, whether they are gay, straight, immigrants or tribal members,” Quigley said. “Everyone deserves to be protected. Sadly the bill being considered by the committee today fails to meet the mark.”

Chairman Lamar Smith (R-Texas) voiced opposition in particular to the Quigley amendment, saying “there is little data” to support the need for “special protected status” for LGBT people.

“There’s nothing under current federal law to prevent LGBT victims of domestic violence from receiving federal resources and services,” Smith said.

The House version of VAWA aims to extend programs authorized under the existing law — first enacted in 1994 — to assist victims and survivors of domestic violence, dating violence, sexual assault and stalking. But civil rights groups have criticized the House version of the bill for not going far enough and failing to provide explicit protections for minorities, including LGBT people.

Data exists showing that LGBT people are victims of domestic violence and suffer from discrimination when seeking help at shelters. According to a 2010 report from the National Coalition of Anti-Violence Programs, 44.6 percent of LGBT domestic violence survivors were turned away by a shelter and 54.4 percent of LGBT survivors seeking an order of protection were denied help.

Ian Thompson, legislative representative for the American Civil Liberties Union, criticized Republicans for refusing to adopt the Polis amendment.

“LGBT victims of domestic violence often face significant discriminatory barriers when attempting to access services,” Thompson said. “The Polis amendment would have addressed this problem of LGBT exclusion by adding sexual orientation and gender identity to VAWA’s nondiscrimination provision. This is a matter of basic fairness and commonsense. It is unfortunate that a majority of the House Judiciary Committee disagreed.”

Harsh words also came from Joe Solmonese, president of the Human Rights Campaign.

“The Republican members of the House Judiciary Committee have failed victims of domestic violence,” Solmonese said. “Republicans on the committee ignored key priorities identified by nearly 2,000 service providers and victim advocates by moving forward with a bill that disregards many victims, including LGBT victims.”

After rejecting the pro-LGBT measures, the committee voted to report out the legislation by a vote of 17-15 — again on largely a party-line basis with Republicans voting to move their bill.

The language of House Democrats’ amendments are found in the Senate version of the bill, which was passed by that chamber April 26 on bipartisan vote of 68-31 along with LGBT-inclusive language. Because the Senate version of the legislation has LGBT language that isn’t found in the House version of the bill, the two chambers will have to come an agreement on the LGBT provisions in conference committee before the House and Senate vote on a final version of the bill.

Despite the failure of the committee to adopt the pro-LGBT amendments, Thompson expressed optimism that the LGBT language would survive the conference committee and the final round of voting based on the bipartisan support with which the Senate version of the bill passed.

“The reality is that the Senate’s version of VAWA reauthorization addresses a range of important civil liberties issues, including coverage for the LGBT community, and passed out of that chamber with the support of 68 senators, including significant Republican support,” Thompson said. “I believe there is majority support in Congress for a VAWA reauthorization that would ensure that domestic violence protections extend to all who suffer its harms.”

Other members on the House panel spoke out against the lack of LGBT protections in the House version of the bill, including Rep. John Conyers (D-Mich.), ranking Democrat on the panel, as well as Reps. Bobby Scott (D-Va.) and Sheila Jackson-Lee (D-Texas).

But the House Democrats’ measure weren’t the only pro-LGBT initiatives that Republicans rejected. Rep. John Conyers (D-Mich.), ranking Democrat on the committee, offered a substitute bill that was modeled on a version of VAWA introduced by Rep. Gwen Moore (D-Wis.) and other House Democrats. That legislation has the same LGBT protections found in the Senate version of the bill.

Chairman Lamar Smith (R-Texas) refused to allow Conyers’ substitute to come up after Rep. Jim Sensenbrenner (R-Wis.) objected to it on the basis that it was non-germane. In the House, amendments must be germane to the legislation at hand for them to come up for a vote.

The committee rejected the pro-LGBT initiatives after HRC and the ACLU wrote letters objecting to the lack of LGBT protections in the House version of the legislation.

In a letter dated May 7, Laura Murphy, director of the ACLU’s Washington Legislative Office, and Vania Leveille, senior legislative counsel, talked about the importance of the LGBT protections found in the Senate bill in addition to expressing other concerns.

“H.R. 4970 does nothing to address the unacceptable discrimination that LGBT people often face when attempting to access services for those who experience intimate-partner violence, and nothing to change the fact that the LGBT community is undeserved in this area,” Murphy and Leveille write.

NOTE: This post has been updated.

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Florida

DNC slams White House for slashing Fla. AIDS funding

State will have to cut medications for more than 16,000 people

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HIV infection, Florida, Hospitality State, gay Florida couples, gay news, Washington Blade

The Trump-Vance administration and congressional Republicans’ “Big Beautiful Bill” could strip more than 10,000 Floridians of life-saving HIV medication.

The Florida Department of Health announced there would be large cuts to the AIDS Drug Assistance Program in the Sunshine State. The program switched from covering those making up to 400 percent of the Federal Poverty Level, which was anyone making $62,600 or less, in 2025, to only covering those making up to 130 percent of the FPL, or $20,345 a year in 2026. 

Cuts to the AIDS Drug Assistance Program, which provides medication to low-income people living with HIV/AIDS, will prevent a dramatic $120 million funding shortfall as a result of the Big Beautiful Bill according to the Florida Department of Health. 

The International Association of Providers of AIDS Care and Florida Surgeon General Joseph Ladapo warned that the situation could easily become a “crisis” without changing the current funding setup.

“It is a serious issue,” Ladapo told the Tampa Bay Times. “It’s a really, really serious issue.”

The Florida Department of Health currently has a “UPDATES TO ADAP” warning on the state’s AIDS Drug Assistance Program webpage, recommending Floridians who once relied on tax credits and subsidies to pay for their costly HIV/AIDS medication to find other avenues to get the crucial medications — including through linking addresses of Florida Association of Community Health Centers and listing Florida Non-Profit HIV/AIDS Organizations rather than have the government pay for it. 

HIV disproportionately impacts low income people, people of color, and LGBTQ people

The Tampa Bay Times first published this story on Thursday, which began gaining attention in the Sunshine State, eventually leading the Democratic Party to, once again, condemn the Big Beautiful Bill pushed by congressional republicans.

“Cruelty is a feature and not a bug of the Trump administration. In the latest attack on the LGBTQ+ community, Donald Trump and Florida Republicans are ripping away life-saving HIV medication from over 10,000 Floridians because they refuse to extend enhanced ACA tax credits,” Democratic National Committee spokesperson Albert Fujii told the Washington Blade. “While Donald Trump and his allies continue to make clear that they don’t give a damn about millions of Americans and our community, Democrats will keep fighting to protect health care for LGBTQ+ Americans across the country.”

More than 4.7 million people in Florida receive health insurance through the federal marketplace, according to KKF, an independent source for health policy research and polling. That is the largest amount of people in any state to be receiving federal health care — despite it only being the third most populous state.

Florida also has one of the largest shares of people who use the AIDS Drug Assistance Program who are on the federal marketplace: about 31 percent as of 2023, according to the Tampa Bay Times.

“I can’t understand why there’s been no transparency,” David Poole also told the Times, who oversaw Florida’s AIDS program from 1993 to 2005. “There is something seriously wrong.”

The National Alliance of State and Territorial AIDS Directors estimates that more than 16,000 people will lose coverage

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U.S. Supreme Court

Competing rallies draw hundreds to Supreme Court

Activists, politicians gather during oral arguments over trans youth participation in sports

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Hundreds gather outside the U.S. Supreme Court on Tuesday. (Washington Blade photo by Michael Key)

Hundreds of supporters and opponents of trans rights gathered outside of the United States Supreme Court during oral arguments for Little v. Hecox and West Virginia v. B.P.J. on Tuesday. Two competing rallies were held next to each other, with politicians and opposing movement leaders at each.

“Trans rights are human rights!” proclaimed U.S. Sen. Ed Markey (D-Mass.) to the crowd of LGBTQ rights supporters. “I am here today because trans kids deserve more than to be debated on cable news. They deserve joy. They deserve support. They deserve to grow up knowing that their country has their back.”

U.S. Sen. Ed Markey (D-Mass.) speaks outside of the U.S. Supreme Court on Tuesday. (Washington Blade photo by Michael Key)

“And I am here today because we have been down this hateful road before,” Markey continued. “We have seen time and time again what happens when the courts are asked to uphold discrimination. History eventually corrects those mistakes, but only after the real harm is done to human beings.”

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U.S. Education Secretary Linda McMahon spoke at the other podium set up a few feet away surrounded by signs, “Two Sexes. One Truth.” and “Reality Matters. Biology Matters.”

“In just four years, the Biden administration reversed decades of progress,” said McMahon. “twisting the law to urge that sex is not defined by objective biological reality, but by subjective notion of gender identity. We’ve seen the consequences of the Biden administration’s advocacy of transgender agendas.”

From left, U.S. Education Secretary Linda McMahon and U.S. Rep. Mark Takano (D-Calif.) speak during the same time slot at competing rallies in front of the U.S. Supreme Court on Tuesday. Takano addresses McMahon directly in his speech. (Washington Blade photo by Michael Key)

U.S. Rep. Mark Takano (D-Calif.), chair of the Congressional Equality Caucus, was introduced on the opposing podium during McMahon’s remarks.

“This court, whose building that we stand before this morning, did something quite remarkable six years ago.” Takano said. “It did the humanely decent thing, and legally correct thing. In the Bostock decision, the Supreme Court said that trans employees exist. It said that trans employees matter. It said that Title VII of the Civil Rights Act protects employees from discrimination based on sex, and that discrimination based on sex includes discrimination based on gender identity and sexual orientation. It recognizes that trans people have workplace rights and that their livelihoods cannot be denied to them, because of who they are as trans people.”

“Today, we ask this court to be consistent,” Takano continued. “If trans employees exist, surely trans teenagers exist. If trans teenagers exist, surely trans children exist. If trans employees have a right not to be discriminated against in the workplace, trans kids have a right to a free and equal education in school.”

Takano then turned and pointed his finger toward McMahon.

“Did you hear that, Secretary McMahon?” Takano addressed McMahon. “Trans kids have a right to a free and equal education! Restore the Office of Civil Rights! Did you hear me Secretary McMahon? You will not speak louder or speak over me or over these people.”

Both politicians continued their remarks from opposing podiums.

“I end with a message to trans youth who need to know that there are adults who reject the political weaponization of hate and bigotry,” Takano said. “To you, I say: you matter. You are not alone. Discrimination has no place in our schools. It has no place in our laws, and it has no place in America.”

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U.S. Supreme Court

Supreme Court hears arguments in two critical cases on trans sports bans

Justices considered whether laws unconstitutional under Title IX.

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The United States Supreme Court on Tuesday, Jan. 13. (Washington Blade photo by Michael Key)

The Supreme Court heard two cases today that could change how the Equal Protection Clause and Title IX are enforced.

The cases, Little v. Hecox and West Virginia v. B.P.J., ask the court to determine whether state laws blocking transgender girls from participating on girls’ teams at publicly funded schools violates the 14th Amendment’s Equal Protection Clause and Title IX. Once decided, the rulings could reshape how laws addressing sex discrimination are interpreted nationwide.

Chief Justice John Roberts raised questions about whether Bostock v. Clayton County — the landmark case holding that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on sexual orientation or gender identity — applies in the context of athletics. He questioned whether transgender girls should be considered girls under the law, noting that they were assigned male at birth.

“I think the basic focus of the discussion up until now, which is, as I see it anyway, whether or not we should view your position as a challenge to the distinction between boys and girls on the basis of sex or whether or not you are perfectly comfortable with the distinction between boys and girls, you just want an exception to the biological definition of girls.”

“How we approach the situation of looking at it not as boys versus girls but whether or not there should be an exception with respect to the definition of girls,” Roberts added, suggesting the implications could extend beyond athletics. “That would — if we adopted that, that would have to apply across the board and not simply to the area of athletics.”

Justice Clarence Thomas echoed Roberts’ concerns, questioning how sex-based classifications function under Title IX and what would happen if Idaho’s ban were struck down.

“Does a — the justification for a classification as you have in Title IX, male/female sports, let’s take, for example, an individual male who is not a good athlete, say, a lousy tennis player, and does not make the women’s — and wants to try out for the women’s tennis team, and he said there is no way I’m better than the women’s tennis players. How is that different from what you’re being required to do here?”

Justice Samuel Alito addressed what many in the courtroom seemed reluctant to state directly: the legal definition of sex.

“Under Title IX, what does the term ‘sex’ mean?” Alito asked Principal Deputy Solicitor General Hashim Mooppan, who was arguing in support of Idaho’s law. Mooppan maintained that sex should be defined at birth.

“We think it’s properly interpreted pursuant to its ordinary traditional definition of biological sex and think probably given the time it was enacted, reproductive biology is probably the best way of understanding that,” Mooppan said.

Justice Sonia Sotomayor pushed back, questioning how that definition did not amount to sex discrimination against Lindsay Hecox under Idaho law. If Hecox’s sex is legally defined as male, Sotomayor argued, the exclusion still creates discrimination.

“It’s still an exception,” Sotomayor said. “It’s a subclass of people who are covered by the law and others are not.”

Justice Elena Kagan highlighted the broader implications of the cases, asking whether a ruling for the states would impose a single definition of sex on the 23 states that currently have different laws and standards. The parties acknowledged that scientific research does not yet offer a clear consensus on sex.

“I think the one thing we definitely want to have is complete findings. So that’s why we really were urging to have a full record developed before there were a final judgment of scientific uncertainty,” said Kathleen Harnett, Hecox’s legal representative. “Maybe on a later record, that would come out differently — but I don’t think that—”

Kathleen Harnett, center, speaks with reporters following oral arguments at the U.S. Supreme Court on Tuesday, Jan. 13. (Washington Blade photo by Michael Key)

“Just play it out a little bit, if there were scientific uncertainty,” Kagan responded.

Justice Brett Kavanaugh focused on the impact such policies could have on cisgender girls, arguing that allowing transgender girls to compete could undermine Title IX’s original purpose.

“For the individual girl who does not make the team or doesn’t get on the stand for the medal or doesn’t make all league, there’s a — there’s a harm there,” Kavanaugh said. “I think we can’t sweep that aside.”

Justice Amy Coney Barrett questioned whether Idaho’s law discriminated based on transgender status or sex.

“Since trans boys can play on boys’ teams, how would we say this discriminates on the basis of transgender status when its effect really only runs towards trans girls and not trans boys?”

Harnett responded, “I think that might be relevant to a, for example, animus point, right, that we’re not a complete exclusion of transgender people. There was an exclusion of transgender women.”

Justice Ketanji Brown Jackson challenged the notion that explicitly excluding transgender people was not discrimination.

“I guess I’m struggling to understand how you can say that this law doesn’t discriminate on the basis of transgender status. The law expressly aims to ensure that transgender women can’t play on women’s sports teams… it treats transgender women different than — than cis-women, doesn’t it?”

Idaho Solicitor General Alan Hurst urged the court to uphold his state’s ban, arguing that allowing participation based on gender identity — regardless of medical intervention — would deny opportunities to girls protected under federal law.

Hurst emphasized that biological “sex is what matters in sports,” not gender identity, citing scientific evidence that people assigned male at birth are predisposed to athletic advantages.

Joshua Block, representing B.P.J., was asked whether a ruling in their favor would redefine sex under federal law.

“I don’t think the purpose of Title IX is to have an accurate definition of sex,” Block said. “I think the purpose is to make sure sex isn’t being used to deny opportunities.”

Becky Pepper-Jackson, identified as plaintiff B.P.J., the 15-year-old also spoke out.

“I play for my school for the same reason other kids on my track team do — to make friends, have fun, and challenge myself through practice and teamwork,” said Pepper-Jackson. “And all I’ve ever wanted was the same opportunities as my peers. But in 2021, politicians in my state passed a law banning me — the only transgender student athlete in the entire state — from playing as who I really am. This is unfair to me and every transgender kid who just wants the freedom to be themselves.”

A demonstrator holds a ‘protect trans youth’ sign outside of the U.S. Supreme Court on Tuesday, Jan. 13. (Washington Blade photo by Michael Key)

Outside the court, advocates echoed those concerns as the justices deliberated.

“Becky simply wants to be with her teammates on the track and field team, to experience the camaraderie and many documented benefits of participating in team sports,” said Sasha Buchert, counsel and Nonbinary & Transgender Rights Project director at Lambda Legal. “It has been amply proven that participating in team sports equips youth with a myriad of skills — in leadership, teamwork, confidence, and health. On the other hand, denying a student the ability to participate is not only discriminatory but harmful to a student’s self-esteem, sending a message that they are not good enough and deserve to be excluded. That is the argument we made today and that we hope resonated with the justices of the Supreme Court.”

“This case is about the ability of transgender youth like Becky to participate in our schools and communities,” said Joshua Block, senior counsel for the ACLU’s LGBTQ & HIV Project. “School athletics are fundamentally educational programs, but West Virginia’s law completely excluded Becky from her school’s entire athletic program even when there is no connection to alleged concerns about fairness or safety. As the lower court recognized, forcing Becky to either give up sports or play on the boys’ team — in contradiction of who she is at school, at home, and across her life — is really no choice at all. We are glad to stand with her and her family to defend her rights, and the rights of every young person, to be included as a member of their school community, at the Supreme Court.”

The Supreme Court is expected to issue rulings in both cases by the end of June.

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