Javier Milei’s rise to power marked a sea change in Argentine politics that profoundly impacted the country’s LGBTQ community.

His first year in office has seen a combination of hostile rhetoric and concrete measures that have dismantled historic advances in human rights.

“Javier Milei’s administration is fighting a two-way battle,” Congressman Esteban Paulón, a long-time LGBTQ activist, pointed out to the Washington Blade. “On the one hand, symbolically, with an openly homo, lesbo and transodiant discourse, and on the other, in concrete facts, such as the closure of the Ministry of Women, Gender and Diversity, and INADI (the National Institute Against Discrimination, Xenophobia and Racism).”

The decision to eliminate these key institutions sent a clear message: Diversity policies are no longer a state priority. This dismantling left LGBTQ Argentines without national advocacy tools.

Some provinces have tried to fill this void, but many others have followed the national government’s lead. This trend, according to Paulón and other activists, has left LGBTQ Argentines even more vulnerable.

“What we are seeing is not only a setback in public policies, but also a direct attack on the dignity of thousands of people who, until recently, felt the support of the state,” said Paulón. 

One of Milei administration’s first acts was to close the Women, Gender and Diversity Ministry and INADI. These decisions, which Milei said was necessary to reduce “unnecessary public spending,” eliminated agencies that played an essential role in the promotion of human rights and the fight against discrimination.

“Without these institutions, the LGBTQ community has been left unprotected against violence and prejudice. Now, discrimination cases that used to be handled by INADI end up shelved or without follow-up,” Paulón warned. “The message this sends is that our lives don’t matter to this government.”

Paulón and other activists say one of the Milei government’s most alarming decisions is to allow employers to fire employees without legal consequences.

“Today, a person can be fired because of their sexual orientation or gender identity, without the possibility of recovering their job,” warned Paulón. 

The new policy has left many employees — especially transgender people — without legal recourse. Advocacy groups say companies have taken advantage of this regulation to carry out selective firings. The freezing of a trans-specific labor quota has deepened employment discrepancies for one of the country’s most vulnerable communities.

Paulón told the Blade that anti-LGBTQ rhetoric from Milei and several of his ministers has also had an effect on Argentine society.

“Today, anyone feels they can say anything without consequences,” said Paulón, who noted that ultraconservative and religious sectors view Milei’s government as an ally. 

This rhetoric, according to Paulón, has yet to translate into widespread violence.

“We are not yet in a situation of systematic violence as in other countries, but the risk is there,” he said. “Every word of hate from power legitimizes violent actions.”

Congress, civil society leads resistance

In the face of this adverse scenario, resistance has taken various forms.

Paulón and other opposition lawmakers have worked on bills to protect LGBTQ rights and reverse regressive measures.

“We will not stand idly by. We put forward concrete proposals to guarantee access to health care, inclusive education and labor protections,” said Paulón.

Activists have strengthened alliances with their counterparts in neighboring countries, such as Brazil and Chile, and Mexico. They are also working with international organizations that have expressed concern about the situation in Argentina.

Although the outlook is bleak, Paulón said he remains hopeful. 

“Milei is going to pass, like all processes in democracy,” he said. 

Paulón stressed that marriage equality and the transgender rights law are deeply rooted in Argentine society, and act as barriers to stop further setbacks. The challenge now, he says, is to maintain resistance, organize the community, and strengthen international ties.

“We have an organized movement, tools to defend ourselves and a mostly plural and diverse society. This process will also come to an end,” said Paulón. “In this context, the struggle for LGBTQ rights in Argentina is a reminder that social conquests are never definitive and that resistance is vital to preserve the achievements made.” 

Parties in Doe v. Ladapo, a case challenging Florida’s ban on healthcare for transgender youth and restrictions on the medical interventions available to trans adults, presented oral arguments on Wednesday before the U.S. Court of Appeals for the 11th Circuit in Atlanta.

The case was appealed by defendants representing the Sunshine State following a decision in June 2024 by Judge Robert Hinkle of the U.S. District Court for the Northern District of Florida, who found “the law and rules unconstitutional and unenforceable on equal protection grounds,” according to a press release from the National Center for Lesbian Rights, which is involved in the litigation on behalf of the plaintiffs.

The district court additionally found the Florida healthcare ban unconstitutional on the grounds that it was “motivated by purposeful discrimination against transgender people,” though the ban and restrictions will remain in effect pending a decision by the appellate court.

Joining NCLR in the lawsuit are attorneys from GLAD Law, the Human Rights Campaign, Southern Legal Counsel, and the law firms Lowenstein Sandler and Jenner and Block.

“As a mother who simply wants to protect and love my child for who she is, I pray that the Eleventh Circuit will affirm the district court’s thoughtful and powerful order, restoring access to critical healthcare for all transgender Floridians,” plaintiff Jane Doe said. “No one should have to go through what my family has experienced.”

“As a transgender adult just trying to live my life and care for my family, it is so demeaning that the state of Florida thinks it’s their place to dictate my healthcare decisions,” said plaintiff Lucien Hamel.

“Members of the legislature have referred to the high quality healthcare I have received, which has allowed me to live authentically as myself, as ‘mutilation’ and ‘an abomination’ and have called the providers of this care ‘evil,’” Hamel added. “We hope the appellate court sees these rules and laws for what truly are: cruel.” 

“Transgender adults don’t need state officials looking over their shoulders, and families of transgender youth don’t need the government dictating how to raise their children,” said Shannon Minter, legal director of NCLR. “The district court heard the evidence and found that these restrictions are based on bias, not science. The court of appeals should affirm that judgment.” 

Noting Hinkle’s conclusion that the ban and restrictions were “motivated by animus, not science or evidence,” Simone Chris, who leads Southern Legal Counsel’s Transgender Rights Initiative, said, “The state has loudly and proudly enacted bans on transgender people accessing healthcare, using bathrooms, transgender teachers using their pronouns and titles, and a slough of other actions making it nearly impossible for transgender individuals to live in this state.”

Lowenstein Sandler Partner Thomas Redburn said, “The defendants have offered nothing on appeal that could serve as a valid basis for overturning that finding” by the district court.

 “Not only does this dangerous law take away parents’ freedom to make responsible medical decisions for their child, it inserts the government into private health care matters that should be between adults and their providers,” said Jennifer Levi, senior director of transgender and queer rights at GLAD Law.

LGBTQ and civil rights advocacy groups and Democratic lawmakers in the U.S. House of Representatives denounced legislation passed on Tuesday by the Republican majority that would prohibit schools that receive federal education funding from allowing transgender students to participate in girls’ and women’s sports.

As the bill was brought to a vote, ultimately passing 218-206, Democrats slammed the measure in speeches on the House floor, statements from their congressional offices, and social media posts. Among them were the out LGBTQ leadership of the Congressional Equality Caucus and several allies who serve as vice-chairs.

Freshman U.S. Rep. Sarah McBride, the first transgender member of Congress, did not participate in the floor debate.

“Republicans are moving a bill that would ban transgender students of all ages from participating in sports and put all female athletes at risk for harassment and abuse,” U.S. Rep. Mark Takano (D-Calif.), who is gay and chairs the Equality Caucus, said in a video on X.

“This sports ban opens the door to subjecting all female students to secret investigations, intrusive demands for medical tests, or reviews of their private medical information,” he said. “This bill is so vaguely written that it could force any girl to undergo invasive medical exams to ‘prove’ that they are a girl.”

The congressman continued, “This bill isn’t about equity. It isn’t about fairness. It is a weaponization of the federal government against a small group of people at the expense of privacy rights for all students.”

“It does nothing to address the real inequities that female athletes face,” Takano said, “and instead overrides the authority of interscholastic and intercollegiate sports federations, as well as athletic organizations.”

Instead of lowering costs, House Republicans are pushing an anti-trans sports bill that would threaten student athletes with intrusive exams and jeopardize the fairness and safety of female athletics. pic.twitter.com/zTqeprJYXj

— Mark Takano (@RepMarkTakano) January 14, 2025

Gay U.S. Rep. Mark Pocan (D-Wis.), who chaired the caucus in the previous Congress and now serves as a co-chair, said “No bill is before us to lower costs for Americans, instead it is a political attempt to divide us as a nation, stigmatizing some kids so some adults can get MAGA merit badges.

“The Republican governor of Utah vetoed a similar piece of legislation after he shared that of the 75,000 students in high school sports in Utah, only four were trans, and only one a girl playing sports. But he also mentioned the very real 86% of trans kids reporting suicidality due to issues like adults stigmatizing kids for political gain.

“Instead, today, the proposed solution is in search of an actual problem. Suggests we somehow ban girls from sports with some sort of process to determine who is a girl. Does this mean hiring potential predators to peek at the private parts of kids in locker rooms?

“Now that sounds like an actual problem to me, creating a solution to a non-existent problem by creating a problem instead of lowering costs for Americans as a sign of an ineffective congressional majority at best, I urge a no vote, and I yield back.”

The House GOP's trans sports ban would subject girls as young as four to invasive physical inspections of their private parts by adult strangers.

Yes, really.

Republicans should focus on lowering costs instead of a bill that puts ALL girls at risk. pic.twitter.com/O8uRj9OKpl

— Rep. Mark Pocan (@RepMarkPocan) January 14, 2025

U.S. Rep. Becca Balint (D-Vt.), a lesbian co-chair of the caucus who previously taught middle school history and social studies, delivered an impassioned floor speech, telling Republican House Speaker Mike Johnson (La.) “I rise in fierce opposition to this bill”:

“Trans Americans are not the problem. This obsession with monitoring kids’ genitals is absolutely the problem.

“Let’s be clear. This is about kids. My kids, your kids, all kids. All kids, even elementary school kids playing basketball. I’m a mom of two teens. I’m a former teacher. I know what kids are going through in school. They are already self-conscious about their bodies. They just want to be on the soccer field with their friends. They certainly do not want to be humiliated by members of Congress.

“So, come on, let’s talk about what enforcement looks like, because you guys, you don’t want to talk about it. We know there is only one logical conclusion to this. This is interrogation of young girls. About their bodies. This is asking people to show them what is underneath their underwear.”

“That is what we’re talking about. This is the logical conclusion for this bill. So, it’s vile. It’s twisted. They don’t want to talk about the details. It’s an absolute invasion of children’s privacy. Far from protecting anyone, it puts our children at risk. And actually, I urge colleagues on both sides of the aisle to reject this government overreach.”

Banning trans kids from sports solves *none* of the problems that Americans are facing.

Let's be real: Trans kids aren't the reason we can't afford groceries. Trans kids aren't the reason young people are giving up on ever owning a home.

Corporate greed is. pic.twitter.com/sKRzm1DGTk

— Rep. Becca Balint (@RepBeccaB) January 14, 2025

Gay caucus co-chair U.S. Rep. Robert Garcia (D-Calif.) voiced his opposition to the bill in a post on X.

House Republicans brought up a bill designed to hurt trans youth and athletes and ban them from playing sports in schools. The real effect beyond that cruelty is it would allow gender checks on young girls and athletes. This was sick and shameful and I voted NO.

— Congressman Robert Garcia (@RepRobertGarcia) January 14, 2025

Other out LGBTQ Democratic co-chairs of the caucus spoke out from the House floor on Tuesday.

An especially comprehensive floor speech came from U.S. Rep. Suzanne Bonamici (D-Ore.), a caucus co-chair, who began her remarks by proclaiming that “the so-called Protection of Women and Girls in Sports Act” will “actually do the opposite and make sports more dangerous for women and girls.” The congresswoman said:

“This bill is a ‘one size fits all’ approach that would apply equally to every sport from K-12 schools to colleges. Currently schools, parents, and communities manage youth sports leagues and write rules about who can participate in different sports at different levels. Many states, schools, and athletic associations across the country have allowed equal participation for transgender athletes for years and it’s working just fine. 

“This legislation would revoke all federal funding from schools that include transgender students on girls’ and women’s sports teams. This is damaging and discriminatory to transgender students, who benefit, as all students do, from participating in school sports, and also damaging to the entire school that’s threatened because federal funding benefits all students.

“Keep in mind, colleagues, that as of last month, of the approximately 510,000 athletes who play at the NCAA level – 10 are transgender.  Not 10,000. Ten. Out of 510,000. 

“Transgender students — like all students — they deserve the same opportunity as their peers to learn teamwork, to find belonging, and to grow into well-rounded adults through sports. Childhood and adolescence are important times for growth and development, and sports help students form healthy habits and develop strong social and emotional skills. Sports provide meaningful opportunities for kids to feel confident in themselves and learn valuable life lessons about teamwork, leadership, and communication. Teams provide a place for kids to make friends and build relationships.

“Yet my colleagues across the aisle want to take these opportunities away from certain children; that’s discriminatory and it’s wrong.

“My colleagues are apparently so afraid of people who are different from them that they’ve manufactured false and dangerous presumptions based on outdated stereotypes about transgender people, especially transgender women and girls.

“Additionally, there is no way this so called “protection” bill could be enforced without opening the door to harassment and privacy violations. It opens the door to inspection, not protection, of women and girls in sports. Will students have to undergo exams to “prove” they’re a girl? We are already seeing examples of harassment and questioning of girls who may not conform to stereotypical feminine roles; will they be subject to demands for medical tests and private information? That’s intrusive, offensive, and unacceptable, especially from a party of limited government.

“I want to be very clear, there are real problems harming women and girls in sports, but transgender students are not why. Today, we should be working to solve the real, pervasive problems in athletics that deter women and girls from participating, including sexual harassment and assault, lack of equal resources, and pay inequality.

“We should be working on those issues, and also on the issues that improve the lives of the people we represent back home, like increasing access to affordable health care and housing, lowering costs for everyday Americans, and fighting the climate crisis.

“But instead, here we are again. We’ve seen this time and time again—Republicans fearmonger about the trans community to divert attention from the fact that they have no real solutions to help everyday Americans with the pressing problems they face.

“We must not discriminate against kids because of who they are. Transgender youth already face high hurdles, and research shows that this type of discriminatory policy is associated with declines in mental health and higher suicide risk among already threatened LGBTQI+ youth. We don’t need adults in Congress making things worse.

“As Republican Governor Spencer Cox from Utah said in his veto statement of a similar bill, “When in doubt, however, I always try to err on the side of kindness, mercy, and compassion.”

“Republicans, who have voted consistently against the Violence Against Women Act, who have taken the rights of all women to have control over their own body, who as women are bleeding out in parking lots, now want to pretend today that they care about women,” U.S. Rep. Alexandria Ocasio Cortez (D-N.Y.), a vice-chair of the caucus, said in a floor speech.

She continued, “And why? To open up genital inspection on little girls across this country in the name of attacking trans girls. We have two words. Not today.”

AOC: Republicans who have voted against consistently against the violence against women act, who have taken away the rights of all women to choose and have control over their own body, now wants to pretend today that they care about women. pic.twitter.com/7FRqELTrjV

— Acyn (@Acyn) January 14, 2025

These and other House Democrats began calling the legislation the “GOP Child Predator Empowerment Act” to highlight the risk that if it becomes law, the ban could lead to genital exams of minor student-athletes by adults and therefore might help facilitate child sexual abuse.

While the House Education Committee chair, U.S. Rep. Tim Walberg (R-Mich.), said that birth certificates should be used to settle questions about students’ gender, the bill’s opponents said the absence of a workable enforcement mechanism leaves open a range of ways in which students’ bodies and privacy could be violated.

U.S. Rep. Sara Jacobs (D-Calif.), for instance, who is also a vice-chair, noted in her floor speech that “We have already seen an investigation like this” into a student’s gender “at a high school in Utah, and unsurprisingly, they targeted someone who wasn’t trans.”

She was referring to a case in Utah in 2022 that was kicked off when the parents of athletes who placed second and third in in a state level competition suspected the winner might be trans and filed a complaint the Utah High School Activities Association. Records showed her sex was listed as female since kindergarten.

Advocacy groups

“Just five days after Florida Governor Ron DeSantis signed an anti-transgender sports ban in 2021, a cisgender girl faced brutal harassment from the sidelines at a lacrosse game simply because she had short hair,” the Human Rights Campaign wrote in a press release Tuesday that highlighted many of the same harms addressed by House Democrats who rose in objection to the bill.

“We all want sports to be fair, students to be safe, and young people to have the opportunity to participate alongside their peers,” HRC President Kelley Robinson said in a statement included in the release. “But this kind of blanket ban deprives kids of those things. This bill would expose young people to harassment and discrimination, emboldening people to question the gender of kids who don’t fit a narrow view of how they’re supposed to dress or look.

Robinson added, “It could even expose children to invasive, inappropriate questions and examinations. Participating in sports is about learning the values of teamwork, dedication, and perseverance. And for so many students, sports are about finding somewhere to belong.”

“We should want that for all kids – not partisan policies that make life harder for them,” she said.  

HRC also argued that excluding trans women and girls from competitive athletics, denying them the benefits to their physical and mental health that come with participating in sports, can cause tremendous harm since these students “face higher risk of anxiety, depression, and bullying” than their cisgender peers.

In Monday in advance of the debate and floor vote, 405 national and local civil rights, education, and gender justice organizations joined a letter issued on Monday by the Leadership Conference on Civil and Human Rights urging House lawmakers to reject the Protection of Women and Girls in Sports Act.

“Although the authors of the legislation represent themselves as serving the interests of cisgender girls and women, this legislation does not address the longstanding barriers all girls and women have faced in their pursuit of athletics,” the letter reads, in part. “Instead of providing for equal facilities, equipment, and travel, or any other strategy that women athletes have been pushing for for decades, the bill cynically veils an attack on transgender people as a question of athletics policy.”

“We are fortunate that transgender, nonbinary, and intersex people are present in our community, and we fully embrace them as members of our community,” the signatories wrote. “As organizations that care deeply about ending sex-based discrimination and ensuring equal educational opportunities, we support laws and policies that protect transgender people from discrimination, including full and equal participation in sports, access to gender-affirming care, access to school facilities, and access to inclusive curriculum. We firmly believe that an attack on transgender youth is an attack on civil rights.”

Along with HRC, which is the nation’s largest LGBTQ rights organization, other advocacy groups that signed the Leadership Conference’s letter also issued separate statements Tuesday following passage of the bill.

Among them was GLAAD, whose President and CEO Sarah Kate Ellis said “Legislators who voted today in favor of banning transgender girls from participating in school sports should be ashamed of themselves.”

“Right now, gun violence is the number one cause of death to American children, yet extremist lawmakers ignore this reality to push bills that further endanger and isolate LGBTQ youth who just want to be themselves and play with their friends.

“Legislators have an obligation to stand up for all, not just some, of their constituents. Allowing students to participate in sports is about equal opportunity, the ability to make friends and belong, and stay active, healthy and happy. Young transgender people should not have to watch lawmakers debate their basic humanity.

“Legislators must meet with transgender youth, their families, teammates, and coaches who would be harmed by this dangerous legislation; propose ways to protect all youth; and stop pushing anti-LGBTQ discrimination in a phony attempt to protect women and girls. Protect all kids and let them play.”

GLBTQ Legal Advocates and Defenders (GLAD Law) Senior Director of Transgender and Queer Rights Jennifer Levi said, “It’s disgraceful to see the new Congress make one of its first priorities a sweeping bill that would deny transgender kids of any age the opportunity to play school sports and strip from them the many educational benefits sports provide.”

“Thoughtful policies can successfully balance fairness and inclusion in sports at multiple levels of competition, as local school districts and sports associations have done for many years,” she said. “We appreciate those in Congress who voted against this extreme bill and hope the Senate will recognize that blanket bans imposed by politicians don’t serve athletes, students, or sport.”

Despite the 53-vote GOP majority in the Senate, Republicans will need seven Democrats to support the sports ban for the bill to pass, which is unlikely. Still, President-elect Donald Trump promised to intervene with executive action, which would likely mean directing the U.S. Department of Education to investigate schools that allow trans women and girls to compete in sports for violations of federal law prohibiting sex-based discrimination.

He and the conservatives backing the Protection of Women and Girls in Sports Act believe athletes whose birth sex is female have actionable Title IX claims on the grounds that they are unfairly disadvantaged when competing against their transgender counterparts, even though the research on this question is mixed.

In a fundraising email, the LGBTQ Victory Fund denounced the effort by House Republicans to “rewrite Title IX, the federal civil rights law that prohibits sex discrimination in educational institutions,” adding that “The author of this hateful bill” U.S. Rep. Greg Steube (R-Fla.) “even went so far as to claim trans people and trans identities are made up, before launching into a transphobic rant!”

Speaking from the House floor on Tuesday, the GOP congressman said, “Our culture and civilization continue to be subject to the perverse lie that there are more than two genders or that men can be women and women can be men.”

Allison Scott, director of impact and innovation at the Campaign for Southern Equality, said: “The passage of HB28 by the U.S. House of Representatives is a cruel and unjust abuse of power that targets a very small number of young people who just want to play school sports with their friends.

“It’s appalling that one of the first priorities of this new Congress is to bully children with the weight of a federal law. I want to send a clear message to transgender young people and their families: No law can strip you of your inherent dignity and humanity, and we will never stop working alongside you and a huge community nationwide to ensure all people can live authentically and with joy.

“The Senate should do the right thing here, refuse to exclude and marginalize children, and reject this legislation.”