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Maryland Senate approves transgender rights bill

Measure passed by 32-15 vote margin

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Rich Madaleno, Maryland, Democratic Party, Montgomery County, gay news, Washington Blade

Rich Madaleno, Maryland, Democratic Party, Montgomery County, gay news, Washington Blade

Maryland state. Sen. Rich Madaleno introduced Senate Bill 212 (Washington Blade file photo by Jeff Surprenant)

ANNAPOLIS, Md.–The Maryland Senate on Tuesday approved a bill that would ban discrimination based on gender identity and expression in the state.

The measure passed by a 32-15 vote margin after senators debated on its third reading for less than 20 minutes.

Senate President Thomas V. Mike Miller (D-Prince George’s and Calvert Counties) voted for Senate Bill 212 – the Fairness for All Marylanders Act of 2014 – alongside state Sens. Joanne Benson (D-Prince George’s County), James Brochin (D-Baltimore County), Joan Carter Conway (D-Baltimore City), Ulysses Currie (D-Prince George’s County), Brian Feldman (D-Montgomery County), Bill Ferguson (D-Baltimore City), Jennie Forehand (D-Montgomery County), Brian Frosh (D-Montgomery County), Lisa Gladden (D-Baltimore City), Verna Jones-Rodwell (D-Baltimore City), Edward Kasemeyer (D-Baltimore and Howard Counties), Delores Kelly (D-Baltimore County), Nancy King (D-Montgomery County), Allan Kittleman (R-Howard County), Katherine Klausmeier (D-Baltimore County), Rich Madaleno (D-Montgomery County), Roger Manno (D-Montgomery County), Nathaniel McFadden (D-Baltimore City), Thomas Middleton (D-Charles County), Karen Montgomery (D-Montgomery County), C. Anthony Muse (D-Prince George’s County), Douglas Peters (D-Prince George’s County), Paul Pinsky (D-Prince George’s County), Catherine Pugh (D-Baltimore City), Victor Ramirez (D-Prince George’s County), Jamie Raskin (D-Montgomery County), James Robey (D-Howard County), James Rosapepe (D-Anne Arundel and Prince George’s Counties), Norman Stone (D-Baltimore County), Ronald Young (D-Frederick and Washington Counties) and Robert Zirkin (D-Baltimore County).

Kittleman, who is the only Republican who voted for the measure, said he hopes “people realize this is a fairness issue.”

“It is not our job to discriminate,” added Kelly before the vote. “The bill is carefully crafted. The definitions are clear”

State Sens. John Astle (D-Anne Arundel County), David Brinkley (R-Carroll and Frederick Counties), Richard Colburn (R-Caroline, Dorchester, Talbot and Wicomico Counties), James DeGrange, Sr., (D-Anne Arundel County), Roy Dyson (D-Calvert, Charles and St. Mary’s Counties), George Edwards (R-Alleghany, Garrett and Washington Counties), Joseph Getty (R-Baltimore and Carroll Counties), Barry Glassman (R-Harford County), Stephen Hershey, Jr. (R-Caroline, Cecil, Kent and Queen Anne’s Counties), Nancy Jacobs (R-Cecil and Harford Counties), J.B. Jennings (R-Baltimore and Harford Counties), James Mathias, Jr., (D-Somerset, Wicomico and Worcester Counties), Edward Reilly (R-Anne Arundel County), Christopher Shank (R-Washington County) and Bryan Simonaire (R-Anne Arundel County) voted against SB 212.

Simonaire before the vote questioned the measure’s definitions of public accommodations and gender identity. The Anne Arundel County Republican also sought additional religious protections in SB 212 that Raskin maintained already exist.

“The intent of this bill is discrimination,” said Simonaire. “There is an absence of religion.”

“Huge day for transgender rights in Maryland”

Madaleno, who introduced SB 212, applauded its passage.

“Today marks a historic milestone in the continued fight to advance equal rights for all Marylanders,” he said in a statement. “The Senate’s passage of the Fairness for All Marylanders Act sends a reaffirming message throughout our state that regardless of whom you are, prejudice and discrimination will no longer be tolerated or exempted from law. With these new anti-discrimination protections for transgender persons one step closer to full passage.”

“Today is a huge day for transgender rights in Maryland,” added Equality Maryland Executive Director Carrie Evans. “With their vote, 32 Senators stood up to say no one should be denied the opportunity to work for a living, secure housing or eat lunch at a restaurant just because of their gender identity.”

Gender Rights Maryland Executive Director Dana Beyer, who announced her candidacy against Madaleno in January, specifically applauded her opponent in a statement after senators approved the measure. She also praised Frosh, who chairs the Senate Judicial Proceedings Committee, former Equality Maryland Executive Director Dan Furmansky and “the trans community who came every year to Annapolis to lobby and tell their stories.”

“After eight years of struggle, and with the active support of Senate President Thomas V. Mike Miller, Jr., and the legislative magic of Sen. Jamie Raskin, a comprehensive gender identity anti-discrimination bill has passed in the Senate,” said Beyer.

Frosh described Madaleno as “the best leader for gender equality and LGBT rights in the country” as he discussed the measure’s passage with the Washington Blade after the vote.

“It was the forceful but quiet leadership of Jamie and Rich,” said Frosh. “The fact it came up and got almost no debate was remarkable. The fact it got 32 votes was astonishing.”

Human Rights Campaign State Legislative Director Sarah Warbelow, Vann Michael of Black Transmen, Inc., and Free State Legal Project Executive Director Aaron Merki are among those who also applauded SB 212’s passage.

“As a transgender woman, I know that this is one huge step forward for transgender people who only want to fully participate in public life, without fear of discrimination based on gender identity,” said Jenna Fischetti of the Maryland Coalition for Trans Equality. “Today the Maryland Senate said loud and clear that every Marylander deserves equal rights.”

SB 212 last month cleared a major hurdle when the Senate Judicial Proceedings Committee approved the measure by a 8-3 vote margin.

Baltimore City and Baltimore, Montgomery and Howard Counties currently include gender identity and expression in their non-discrimination laws. Hyattsville in December became the first jurisdiction in Prince George’s County to pass a trans-inclusive anti-discrimination ordinance.

Neighboring Delaware is among the 17 states along with D.C. and Puerto Rico that ban discrimination based on gender identity and expression. Lawmakers in Pennsylvania, New York and other states have introduced similar measures.

The Maryland House of Delegates Health and Government Operations Committee on Wednesday is scheduled to hold a hearing on a trans rights bill that state Del. Luke Clippinger (D-Baltimore City) introduced. The chamber approved a similar measure in 2011.

All three Democratic gubernatorial candidates – Lieutenant Gov. Anthony Brown, Attorney General Doug Gansler and state Del. Heather Mizeur (D-Montgomery County) – support SB 212.

“Today 32 Senators voted against gender discrimination and for what is just and fair,” Gansler told the Blade in a statement. “I congratulate all who worked so hard, led by Senator Madaleno, for the passage of this milestone legislation.”

“Today, the Senate took a huge step forward in our path to equality under the law for all Marylanders,” added Mizeur, who testified in support of SB 212 last month before the Senate Judicial Proceedings Committee. “No one in our state should face discrimination, period. Now let’s get it done in the House.”

Brown on Wednesday is expected to testify in support of Clippinger’s bill on behalf of Gov. Martin O’Malley’s administration.

“He sees this legislation as a critical step forward towards making sure that every Marylander no matter who they are, where they are, what their background is is treated fairly,” Brown’s spokesperson, Matt Verghese, told the Blade.

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District of Columbia

D.C. Council gives first approval to amended PrEP insurance bill

Removes weakening language after concerns raised by AIDS group

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‘This is a win in the fight against HIV/AIDS,’ said Council member Zachary Parker. (File photo courtesy of Earline Budd)

The D.C. Council voted unanimously on Feb. 3 to approve a bill on its first of two required votes that requires health insurance companies to cover the costs of HIV prevention or PrEP drugs for D.C. residents at risk for HIV infection.

 The vote to approve the PrEP D.C. Amendment Act came immediately after the 13-member Council voted unanimously again to approve an amendment that removed language in the bill added last month by the Council’s Committee on Health that would require insurers to fully cover only one PrEP drug.

The amendment, introduced jointly by Council members Zachary Parker (D-Ward 5), who first introduced the bill in February 2025, and Christina Henderson (I-At-Large), who serves as chair of the Health Committee, requires insurers to cover all U.S. Food and Drug Administration approved PrEP drugs.  

Under its rules, the D.C. Council must vote twice to approve all legislation, which must be signed by the D.C. mayor and undergo a 30-day review by Congress before it takes effect as a D.C. law.

Given its unanimous “first reading” vote of approval on Feb. 3, Parker told the Washington Blade he was certain the Council would approve the bill on its second and final vote expected in about two weeks.

Among those who raised concerns about the earlier version of the bill was Carl Schmid, executive director of the D.C.-based HIV+Hepatitis Policy Institute, who sent messages to all 13 Council members urging them to remove the language added by the Committee on Health requiring insurers to cover just one PrEP drug.

The change made by the committee, Schmid told Council members, “would actually reduce PrEP options for D.C. residents that are required by current federal law, limit patient choice, and place D.C. behind states that have enacted HIV prevention policies designed to remain in effect regardless of any federal changes.”

Schmid told the Washington Blade that although coverage requirements for insurers are currently provided through coverage standards recommended in the U.S. Affordable Care Act, known as Obamacare, AIDS advocacy organizations have called on D.C. and states to pass their own legislation requiring insurance coverage of PrEP in the event that the federal policies are weakened or removed by the Trump administration, which has already reduced or ended federal funding for HIV/AIDS-related programs.

“The sticking point was the language in the markup that insurers only had to cover one regimen of PrEP,” Parker told the Blade in a phone interview the night before the Council vote. “And advocates thought that moved the needle back in terms of coverage access, and I agree with them,” he said.

In anticipation that the Council would vote to approve the amendment and the underlying bill, Parker, the Council’s only gay member, added, “I think this is a win for our community. And this is a win in the fight against HIV/AIDS.”

During the Feb. 3 Council session, Henderson called on her fellow Council members to approve both the amendment she and Parker had introduced and the bill itself. But she did not say why her committee approved the changes that advocates say weakened the bill and that her and Parker’s amendment would undo. Schmid speculated that pressure from insurance companies may have played a role in the committee change requiring coverage of only one PrEP drug. 

“My goal for advancing the ‘PrEP DC Amendment Act’ is to ensure that the District is building on the progress made in reducing new HIV infections every year,” Henderson said in a statement released after the Council vote. “On Friday, my office received concerns from advocates and community leaders about language regarding PrEP coverage,” she said.

“My team and I worked with Council member Parker, community leaders, including the HIV+Hepatitis Policy Institute and Whitman-Walker, and the Department of Insurance, Securities, and Banking, to craft a solution that clarifies our intent and provides greater access to these life-saving drugs for District residents by reducing consumer costs for any PrEP drug approved by the U.S. Food and Drug Administration,” her statement concludes.

In his own statement following the Council vote, Schmid thanked Henderson and Parker for initiating the amendment to improve the bill. “This will provide PrEP users with the opportunity to choose the best drug that meets their needs,” he said. “We look forward to the bill’s final reading and implementation.”

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Maryland

4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy

Substitute teacher Kimberly Polk challenged regulation in 2024

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(Photo by Sergei Gnatuk via Bigstock)

A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.

The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.

The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”

“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”

The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”

U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.

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District of Columbia

Norton hailed as champion of LGBTQ rights

D.C. congressional delegate to retire after 36 years in U.S. House

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Del. Eleanor Holmes Norton announced she will not seek re-election; her term ends January 2027. (Washington Blade file photo by Drew Brown)

LGBTQ rights advocates reflected on D.C. Congressional Del. Eleanor Holmes Norton’s longstanding advocacy and support for LGBTQ rights in Congress following her decision last month not to run for re-election this year. 

Upon completing her current term in office in January 2027, Norton, a Democrat, will have served 18 two-year terms and 36 years in her role as the city’s non-voting delegate to the U.S. House.

LGBTQ advocates have joined city officials and community leaders in describing Norton as a highly effective advocate for D.C. under the city’s limited representation in Congress where she could not vote on the House floor but stood out in her work on House committees and moving, powerful speeches on the House floor.

 “During her more than three decades in Congress, Eleanor Holmes Norton has been a champion for the District of Columbia and the LGBTQ+ community,” said David Stacy, vice president of government affairs for the Human Rights Campaign, the D.C.-based national LGBTQ advocacy organization.

“When Congress blocked implementation of D.C.’s domestic partnership registry, Norton led the fight to allow it to go into effect,” Stacey said. “When President Bush tried to ban marriage equality in every state and the District, Norton again stood up in opposition. And when Congress blocked HIV prevention efforts, Norton worked to end that interference in local control,” he said.

Del. Eleanor Holmes Norton (D-D.C.) (Washington Blade photo by Jeff Surprenant)

In reflecting the sentiment of many local and national LGBTQ advocates familiar with Norton’s work, Stacy added, “We have been lucky to have such an incredible champion. As her time in Congress comes to an end, we honor her extraordinary impact in the nation’s capital and beyond by standing together in pride and gratitude.”

Norton has been among the lead co-sponsors and outspoken supporters of LGBTQ rights legislation introduced in Congress since first taking office, including the currently pending Equality Act, which would ban employment discrimination based on sexual orientation and gender identity. 

Activists familiar with Norton’s work also point out that she has played a lead role in opposing and helping to defeat anti-LGBTQ legislation. In 2018, Norton helped lead an effort to defeat a bill called the First Amendment Defense Act introduced by U.S. Sen. Mike Lee (R-Utah), which Norton said included language that could “gut” D.C.’s Human Rights Act’s provisions banning LGBTQ discrimination.

Norton pointed to a provision in the bill not immediately noticed by LGBTQ rights organizations that would define D.C.’s local government as a federal government entity and allow potential discrimination against LGBTQ people based on a “sincerely held religious belief.”

“This bill is the latest outrageous Republican attack on the District, focusing particularly on our LGBT community and the District’s right to self-government,” Norton said shortly after the bill was introduced. “We will not allow Republicans to discriminate against the LGBT community under the guise of religious liberty,” she said. Records show supporters have not secured the votes to pass it in several congressional sessions.

In 2011, Norton was credited with lining up sufficient opposition to plans by some Republican lawmakers to attempt to overturn D.C.’s same-sex marriage law, that the Council passed and the mayor signed in 2010.   

In 2015, Norton also played a lead role opposing attempts by GOP members of  Congress to overturn another D.C. law protecting LGBTQ students at religious schools, including the city’s Catholic University, from discrimination such as the denial of providing meeting space for an LGBTQ organization.

More recently, in 2024 Norton again led efforts to defeat an attempt by Republican House members to amend the D.C. budget bill that Congress must pass to eliminate funding for the Mayor’s Office of LGBTQ Affairs and to prohibit the city from using its funds to enforce the D.C. Human Rights Act in cases of discrimination against transgender people.

“The Republican amendment that would prohibit funds from being used to enforce anti-LGBTQ+ discrimination regulations and the amendment to defund the Mayor’s Office of LGBTQ+ Affairs are disgraceful attempts, in themselves, to discriminate against D.C.’s LGBTQ+ community while denying D.C. residents the limited governance over their local affairs to which they are entitled,” Norton told the Washington Blade.

In addition to pushing for LGBTQ supportive laws and opposing anti-LGBTQ measures Norton has spoken out against anti-LGBTQ hate crimes and called on the office of the U.S. Attorney for D.C. in 2020 to more aggressively prosecute anti-LGBTQ hate crimes.

Del. Eleanor Holmes Norton marches in the 1995 AIDS Walk. (Washington Blade archive photo by Clint Steib)

“There is so much to be thankful for Eleanor Holmes Norton’s many years of service to all the citizens and residents of the District of Columbia,” said John Klenert, a member of the board of the LGBTQ Victory Fund. “Whether it was supporting its LGBTQ+ people for equal rights, HIV health issues, home rule protection, statehood for all 700,000 people, we could depend on her,” he said.

Ryan Bos, executive director of Capital Pride Alliance, the group that organizes D.C.’s annual LGBTQ Pride events, called Norton a “staunch” LGBTQ community ally and champion for LGBTQ supportive legislation in Congress.

“For decades, Congresswoman Norton has marched in the annual Capital Pride Parade, showing her pride and using her platform to bring voice and visibility in our fight to advance civil rights, end discrimination, and affirm the dignity of all LGBTQ+ people” Bos said. “We will be forever grateful for her ongoing advocacy and contributions to the LGBTQ+ movement.”

Howard Garrett, president of D.C.’s Capital Stonewall Democrats, called Norton a “consistent and principled advocate” for equality throughout her career. “She supported LGBTQ rights long before it was politically popular, advancing nondiscrimination protections and equal protection under the law,” he said.

“Eleanor was smart, tough, and did not suffer fools gladly,” said Rick Rosendall, former president of the D.C. Gay and Lesbian Activists Alliance. “But unlike many Democratic politicians a few decades ago who were not reliable on LGBTQ issues, she was always right there with us,” he said. “We didn’t have to explain our cause to her.”

Longtime D.C. gay Democratic activist Peter Rosenstein said he first met Norton when she served as chair of the New York City Human Rights Commission. “She got her start in the civil rights movement and has always been a brilliant advocate for equality,” Rosenstein said.

“She fought for women and for the LGBTQ community,” he said. “She always stood strong with us in all the battles the LGBTQ community had to fight in Congress. I have been honored to know her, thank her for her lifetime of service, and wish her only the best in a hard-earned retirement.”

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