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LGBT-inclusive education reform bill introduced in Senate

Harkin includes SNDA, SSIA provisions as part of measure

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Tom Harkin, United States Senate, Democratic Party, Iowa, gay news, Washington Blade
Senate HELP Committee Chair Tom Harkin has pledged to move ENDA this year (Blade file photo by Michael Key)

Senate HELP Committee Chair Tom Harkin has pledged to advance ENDA this year. (Blade file photo by Michael Key)

The lead Democrat on education issues in the U.S. Senate introduced on Tuesday an education reform bill that includes provisions aimed at prohibiting bullying and discrimination of LGBT students.

For the first time, Senate Health, Education, Labor & Pensions Committee Chair Tom Harkin (D-Iowa) introduced the LGBT-inclusive legislation to reauthorize the Elementary & Secondary Education Act with language along the lines of  the Student Non-Discrimination Act and the Safe School Schools Improvement Act.

In a statement to the Washington Blade, Harkin touted the inclusion of the LGBT bills in his 1,150-page long bill known as the  Strengthening America’s Schools Act of 2013

“Because every child deserves a safe and healthy place to learn, we have included the Student Non-Discrimination Act and the Safe Schools Improvement Act in this year’s reauthorization of ESEA,” Harkin said. “These provisions will help to ensure that all students, regardless of gender identity or sexual orientation, are treated fairly and afforded equal opportunities to succeed in the classroom.”

Modeled after Title IX of the Education Amendments of 1972, the SNDA-like provision in the bill 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. The discrimination includes allowing bullying against them.

The bill also contains provisions similar to SSIA that advocates for a positive school climate and requires reporting on incidents of bullying, including on the basis of sexual orientation and gender identity.

Plans are already underway to advance the bill out of committee. In a statement, Harkin announced he’ll start the markup of the bill, which is co-sponsored by every Democratic member of the committee, starting Tuesday.

The LGBT provisions are a small portion of the bill. The reauthorization of the Elementary & Secondary Education Act, which intends to restructure “No Child Left Behind,” aims to support teachers and principals to help provide high-quality instruction and focus federal attention on supporting states in turning around low-performing schools.

Given that every Democrat on the panel is a co-sponsor of the education reform bill, the measure should have sufficient support for a successful committee vote. It remains to be seen whether any Republicans will vote in favor of the measure.

On the same day that Harkin introduced the education reform bill, Sen. Al Franken (D-Minn.) introduced the standalone version of the Student Non-Discrimination Act.

“No child should dread going to school because they don’t feel safe,” Franken said. “Our nation’s civil rights laws protect our children from bullying due to race, sex, religion, disability and national origin. My proposal extends these protections to our gay and lesbian students who shouldn’t ever feel afraid of going to school.”

Franken’s legislation has 30 co-sponsors, including lesbian Sen. Tammy Baldwin (D-Wis.), although the co-sponsors are Democrats.

In the House, SNDA has already been introduced. Rep. Jared Polis (D-Colo.), a gay lawmaker who’s sponsoring the bill, commended Harkin for including the LGBT measure as part of his education reform bill.

“SNDA’s inclusion in this important bill is reflective of how important protecting all students is and I look forward to working with my colleagues on the Education & Workforce Committee to move forward on our bipartisan bill in the House,” Polis said.

SSIA has also already been introduced in the House and Senate. In the House, the bill is sponsored by Rep. Linda Sanchez (D-Calif.) while in the Senate, the chief sponsor is Sen. Bob Casey (D-Pa.).

Last year, Harkin introduced a version of ESEA reauthorization that lacked either SNDA or SSIA. During committee markup, advocates pressured Franken and Casey to introduce their legislation as amendments during the committee markup. They ultimately withdrew their amendments in committee while promising to offer the bills as amendments on the Senate floor. However, the full Senate never considered ESEA reauthorization.

LGBT advocates praised Harkin for introducing the LGBT-inclusive education reform bill and said they’d work to make sure the measure is signed into law.

Ian Thompson, legislative representative of the American Civil Liberties Union, said his organization is “very pleased” Harkin included in ESEA reauthorization a piece of LGBT legislation the ACLU has long sought.

“The fact that there is still no federal law – in the year 2013 – that explicitly protects LGBT students from discrimination and harassment in our nation’s public schools is unacceptable,” Thompson said. “We look forward to working with Chairman Harkin and Sen. Franken, SNDA’s longtime Senate champion, to advance this much-needed and long-overdue civil rights measure through the HELP Committee.”

Eliza Byard, executive director of the Gay, Lesbian & Straight Education Network, called the introduction of the LGBT-inclusive bill “a significant moment for our nation’s education system.”

“We are thrilled that the Senate is moving to address the long overdue issue of school bullying and harassment” Byard said. “This bill includes critical components to ensure safer learning environments. We will continue to work with the Senate as the process moves forward to make sure that key provisions remain intact so that every student can reach their fullest potential.”

Shin Inouye, a White House spokesperson, also expressed support for working with Congress on issues of bullying and harassment as the legislation goes forward.

“As 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.

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Congress

Congress passes ‘Big, Beautiful Bill’ with massive cuts to health insurance coverage

Roughly 1.8 million LGBTQ Americans rely on Medicaid

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U.S. House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

The “Big, Beautiful Bill” heads to President Donald Trump’s desk following the vote by the Republican majority in the U.S. House of Representatives Thursday, which saw two nays from GOP members and unified opposition from the entire Democratic caucus.

To partially offset the cost of tax breaks that disproportionately favor the wealthy, the bill contains massive cuts to Medicaid and social safety net programs like food assistance for the poor while adding a projected $3.3 billion to the deficit.

Policy wise, the signature legislation of Trump’s second term rolls back clean energy tax credits passed under the Biden-Harris administration while beefing up funding for defense and border security.

Roughly 13 percent of LGBTQ adults in the U.S., about 1.8 million people, rely on Medicaid as their primary health insurer, compared to seven percent of non-LGBTQ adults, according to the UCLA School of Law’s Williams Institute think tank on sexual orientation and gender identities.

In total, the Congressional Budget Office estimates the cuts will cause more than 10 million Americans to lose their coverage under Medicaid and anywhere from three to five million to lose their care under Affordable Care Act marketplace plans.

A number of Republicans in the House and Senate opposed the bill reasoning that they might face political consequences for taking away access to healthcare for, particularly, low-income Americans who rely on Medicaid. Poorer voters flocked to Trump in last year’s presidential election, exit polls show.

A provision that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation — reportedly after the first trans member of Congress, U.S. Rep. Sarah McBride (D-Del.) and the first lesbian U.S. senator, Tammy Baldwin (D-Wis.), shored up unified opposition to the proposal among Congressional Democrats.

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Congress

Ritchie Torres says he is unlikely to run for NY governor

One poll showed gay Democratic congressman nearly tied with Kathy Hochul

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U.S. Rep. Ritchie Torres (D-N.Y.) (Washington Blade photo by Michael Key)

Gay Democratic Congressman Ritchie Torres of New York is unlikely to challenge New York Gov. Kathy Hochul (D) in the state’s next gubernatorial race, he said during an appearance Wednesday on MSNBC’s “Morning Joe.”

“I’m unlikely to run for governor,” he said. ““I feel like the assault that we’ve seen on the social safety net in the Bronx is so unprecedented. It’s so overwhelming that I’m going to keep my focus on Washington, D.C.”

Torres and Hochul were nearly tied in a poll this spring of likely Democratic voters in New York City, fueling speculation that the congressman might run. A Siena College poll, however, found Hochul leading with a wider margin.

Back in D.C., the congressman and his colleagues are unified in their opposition to President Donald Trump’s signature legislation, the “Big Beautiful Bill,” which heads back to the House after passing the Senate by one vote this week.

To pay for tax cuts that disproportionately advantage the ultra-wealthy and large corporations, the president and Congressional Republicans have proposed massive cuts to Medicaid and other social programs.

A provision in the Senate version of the bill that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation, reportedly after pressure from transgender U.S. Rep. Sarah McBride (D-Del.) and lesbian U.S. Sen. Tammy Baldwin (D-Wis.).

Torres on “Morning Joe” said, “The so-called Big Beautiful Bill represents a betrayal of the working people of America and nowhere more so than in the Bronx,” adding, “It’s going to destabilize every health care provider, every hospital.”

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Congress

House Democrats oppose Bessent’s removal of SOGI from discrimination complaint forms

Congressional Equality Caucus sharply criticized move

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Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A letter issued last week by a group of House Democrats objects to Treasury Secretary Scott Bessent’s removal of sexual orientation and gender identity as bases for sex discrimination complaints in several Equal Employment Opportunity forms.

Bessent, who is gay, is the highest ranking openly LGBTQ official in American history and the second out Cabinet member next to Pete Buttigieg, who served as transportation secretary during the Biden-Harris administration.

The signatories to the letter include a few out members of Congress, Congressional Equality Caucus chair and co-chairs Mark Takano (Calif.), Ritchie Torres (N.Y.), and Becca Balint (Vt.), along with U.S. Reps. Nikema Williams (Ga.), Hank Johnson (Ga.), Raja Krishnamoorthi (Ill.), Delia Ramirez (Ill.), Joyce Beatty (Ohio), Lloyd Doggett (Texas), Eleanor Holmes Norton (D.C.), Josh Gottheimer (N.J.), and Sylvia Garcia (D-Texas).

The letter explains the “critical role” played by the EEO given the strictures and limits on how federal employees can find recourse for unlawful workplace discrimination — namely, without the ability to file complaints directly with the Employment Opportunity Commission or otherwise engage with the agency unless the complainant “appeal[s] an agency’s decision following the agency’s investigation or request[s] a hearing before an administrative judge.”

“Your attempt to remove ‘gender identity’ and ‘sexual orientation’ as bases for sex discrimination complaints in numerous Equal Employment Opportunity (EEO) forms will create unnecessary hurdles to employees filing EEO complaints and undermine enforcement of federal employee’s nondiscrimination protections,” the members wrote in their letter.

They further explain the legal basis behind LGBTQ inclusive nondiscrimination protections for federal employees in the EEOC’s decisions in Macy v. Holder (2012) and Baldwin v. Foxx (2015) and the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020).

“It appears that these changes may be an attempt by the department to dissuade employees from reporting gender identity and sexual orientation discrimination,” the lawmakers wrote. “Without forms clearly enumerating gender identity and sexual orientation as forms of sex discrimination, the average employee who experiences these forms of discrimination may see these forms and not realize that the discrimination they experienced was unlawful and something that they can report and seek recourse for.”

“A more alarming view would be that the department no longer plans to fulfill its legal obligations to investigate complaints of gender identity and sexual orientation and ensure its
employees are working in an environment free from these forms of discrimination,” they added.

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