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Newly elected out House members talk LGBT issues

Takano wants Obama to revisit ENDA executive order

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The new LGB members of the House. From upper left clockwise: Kyrsten Sinema (photo courtesy Sinema), Mark Takano (photo courtesy Takano), Sean Patrick Maloney (Blade file photo by Michael Key) and Mark Pocan (Blade file photo by Michael Key).

The Nov. 6 election resulted in four new lesbian, gay and bisexual candidates winning seats in the House of Representatives and all eyes are now on them to see what they’ll do on LGBT issues upon taking office.

A number of new faces will join the LGBT representation in Congress: Kyrsten Sinema of Arizona, who’ll be the first openly bisexual member of Congress; Sean Patrick Maloney, who’ll be the first out congressman from New York; Mark Takano of California, who’ll be the first openly gay Asian-American in Congress; and Mark Pocan of Wisconsin, who’ll take lesbian Rep. Tammy Baldwin’s seat in the U.S. House.

Upon taking their seats, a total of seven LGB members will serve in Congress. The four new members will join Baldwin, who’s moving from the House to the Senate, as well as Reps. David Cicilline (D-R.I.) and Jared Polis (D-Colo.), who last week told the Washington Blade he plans on taking the lead on the Employment Non-Discrimination Act in the next Congress.

While participating in training and orientation programs on Capitol Hill, each of the four of the new congresspersons-elect communicated with the Blade about initial plans they have for LGBT issues after being sworn in on Jan. 3 — despite the difficulty of moving any legislation forward in the Republican-controlled House.

Takano said he’s vying for a position of the Committee on Education and the Workforce because the panel has jurisdiction over ENDA and anti-bullying legislation for LGBT students.

“I know ENDA is reintroduced almost every session, and those are two parts of an equality agenda that I’d like to be able to work on,” Takano said. “I’m mindful that we have a Republican majority in the House … I want to spend time building relations with Republicans who might want to join in some aspects of an equality agenda.”

A public school teacher for 23 years specializing in British literature and member of Riverside Community College District’s Board of Trustees, Takano may have the experience that would land him a seat on the committee.

Takano also said he wants President Obama to revisit the idea of an executive order barring federal contractors from discriminating against LGBT workers, which the White House said in April Obama wouldn’t issue at this time.

“President Truman was right to stand on the right side of history when he used his executive powers to integrate the armed forces,” Takano said. “So will President Obama be when he uses his executive authority to bar discrimination in federal contracting against LGBT workers.”

Takano joins Maloney in saying the White House should rethink its position on the issue. The congressman-elect from New York told the Blade over the course of his campaign that he still wants Obama to issue the directive. Pocan said last year — before the White House said “no” — he backs the idea of an executive order.

For his part, Pocan said he’s more focused on getting his office and staff set up as he prepares to take his seat, but said he spoke with Polis about a possible new direction for the LGBT Equality Caucus — a group of House members committed to the advancement of LGBT issues.

“I did sit down with Jared Polis, and we had a good discussion about having the LGBT [Equality] Caucus pool some money and perhaps hire a staffer like some of the other caucuses do,” Pocan said. “That way we could hopefully be even more proactive on issues like ENDA, student non-discrimimation and some of the other bills that are out there.”

Maloney, a staffer in the Clinton White House, was more general when talking about initial plans on LGBT issues after taking his seat, saying his goal is to work toward full equality for the LGBT community.

“I want to continue the work I’ve done for 20 years to secure full equality under federal law,” Maloney said. “I think the most important thing is to work with my colleagues in the House to pass legislation across party lines, and keep focused on a goal, which is full equality under federal law.”

Asked if he could name any bills or initiatives he wants to spearhead, Maloney replied, “I don’t see it as my job to put myself in front of others who have already been working on these issues. It’s my job to support and work cooperatively with folks who’ve been in the fight for years.”

None of the new LGB members of the House were able to identify pieces of legislation for which they want to be chief sponsor or other initiatives they want to spearhead, saying it’s too soon in the process to know where responsibilities will be allocated.

Pocan noted the issues affecting the LGBT community are known and what remains to be decided is the best way to approach them over the course of the next few years.

“Clearly, we know some of the issues that are out there — whether it be ENDA, whether it be tax fairness, whether it be benefits for federal employees, other non-discrimination laws,” Pocan said. “I think it’s just a matter of now figuring out — having seven of us total — how can we best move those forward either through legislation and working with the president to issue orders.”

Sinema issued a statement to the Blade saying she’s “thrilled” the next Congress will be the most inclusive ever and she’s proud to be a part of it. On her to-do list is finding ways to work across the aisle on LGBT issues.

“The first thing I plan to do is what I did while serving in Arizona’s legislature — and that was to seek out members that I often disagreed with on important issues,” Sinema said. “It was through our authentic relationships and mutual respect that we found common ground on legislation that helped people. The challenge for Congress is to move past the harsh partisanship that we saw in the last term. This is a critical step in advancing policies that will strengthen and protect LGBT families.”

NOTE: This story has been updated to include a statement from Kyrsten Sinema.

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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