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5 questions for Trump’s Education nominee

Will DeVos address harassment, bullying of LGBT students?

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Betsy DeVos, Education Secretary nominee, gay news, Washington Blade

President-elect Donald Trump’s nominee for Secretary of Education Betsy DeVos (Photo courtesy of Twitter)

Donald Trump seems more intent on dismantling the federal government than running it. I hope I’m wrong about this. But in appointment after appointment, the president-elect has chosen cabinet secretaries who disdain the agencies they are being asked to lead. From an EPA chief who is suing the agency, to a Health & Human Services secretary who wants to take away healthcare, the emerging list of Trump administration officials is worrying for many reasons.

For the LGBT community, there are particularly worrisome signs about Trump’s nominees. His choice for Attorney General, Sen. Jeff Sessions of Alabama, voted for a constitutional ban on same-sex marriage and against expanding the definition of hate crimes to include acts based on a victim’s sexual orientation or gender identity. Scott Pruitt, his choice to head the EPA, is so opposed to LGBT equality that he has been called the “head bully.”

But for some of the youngest and most vulnerable LGBT people – our nation’s students – it is Trump’s selection of Betsy DeVos to serve as Secretary of Education that causes great concern. DeVos – who has been a major donor to anti-LGBT organizations like the Family Research Council, Focus on the Family, and the National Organization for Marriage – will now be in charge of America’s public school system. How, or whether, she will address the harassment and bullying LGBT students face in our schools should be among the first questions she is asked during her confirmation hearings. Here’s why.

Over the past eight years, the Department of Education’s Office for Civil Rights (OCR) has played a crucial role in addressing discrimination, harassment, bullying, and violence in our nation’s schools. In my work at Public Justice, we’ve filed complaints with OCR that resulted in investigations of school districts in cases involving sexual violence, gender-based and racial harassment, and dating violence. When OCR opens an investigation, schools pay attention. And when the federal government intervenes to ensure schools are properly applying the law to protect students, parents rest easier.

Now, OCR’s work appears to be in jeopardy. Trump advisers have suggested dismantling or defunding OCR, or moving its work to an entirely different agency. If they succeed in doing so, LGBT students – along with other students who have relied on OCR to address sexual harassment and violence – will be robbed of a key force in battling discrimination in our nation’s schools. If the agency disappears, or is significantly watered down, transgender students will be unable to request an investigation when they are denied access to school facilities, and schools will not be held accountable when students are bullied because of their real or perceived sexual orientation or gender identity.

And that’s just the tip of the iceberg. DeVos will have to decide how to interpret and apply Title IX, the federal civil rights law designed to combat sex discrimination and ensure gender equity in education. OCR has long interpreted Title IX to cover harassment of LGBT students. Will DeVos try to undo this?

In short, on day one, DeVos will be able to continue policies and enforcement that have already helped countless LGBT students or wipe them away. Given her past support of anti-LGBT lobbyists and groups, parents and advocates have cause to be concerned.

Before senators vote on her confirmation, they should insist she lay out her vision for the future of OCR’s policies and enforcement. Specifically, they should insist she answer these five questions:

  • Do you intend to continue OCR’s enforcement of students’ rights to an education in a safe environment, free from discrimination and harassment?
  • Do you support existing policy guidance on transgender students’ access to school facilities?
  • Do you continue to support – financially or otherwise – organizations that have campaigned against LGBT rights or advocate “conversion” therapy?
  • Do you believe Title IX’s prohibition against sex discrimination covers discrimination on the basis of sexual orientation and gender identity or expression, and will you implement the law accordingly?
  • How will the Department of Education’s Office for Civil  Rights address claims of anti-LGBT harassment, discrimination or violence, and how will OCR’s work change, if at all, under your leadership?

Her answers will tell us a lot about whether the department that has made such a difference in the lives of LGBT and other targeted students over the past eight years will continue to be their ally or will be reshaped by groups with a divisive, anti-LGBT political agenda.

Adele P. Kimmel is Senior Attorney at Public Justice, an impact litigation group that pursues high impact lawsuits to combat social and economic injustice, protect the Earth’s sustainability, and challenge predatory corporate conduct and government abuses. For more information, visit PublicJustice.net.

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Commentary

America is going in the wrong direction for intersex children

Lawmakers are criminalizing care for trans youth, while permitting irreversible harm to intersex babies

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(Bigstock photo)

I live with the consequences of what America is willing to condone in the name of “protecting children.”

When I was young, doctors and adults made irreversible decisions about my body without my informed consent. They weren’t responding to an emergency. They were responding to discomfort with innate physical differences and the social and medical pressure to make a child’s body conform to a rigid female-male binary. That’s the part people like to skip over when they talk about “child welfare”: the harm didn’t begin with my identity. It started with adults deciding my healthy body needed fixing.

That’s why the hypocrisy unfolding right now from statehouses to Capitol Hill feels so familiar, and so dangerous. 

While harmful medical practices on intersex children, the nearly 2 percent born with differences in one or more of their physical sex characteristics, have been ongoing in the U.S. for decades, until recently, there was no law specifically condoning it. 

This month, House Republicans passed one of the most extreme anti-trans bills in modern American history, advancing legislation that would criminalize gender-affirming medical care for transgender youth and threaten doctors with severe penalties for providing evidence-based treatment. The bill is framed as a measure to “protect children,” but in reality, it weaponizes the criminal legal system against families and providers who are trying to support young people in surviving adolescence.

At the same time, the administration has proposed hospital and insurance policies designed to choke off access to affirming care for trans youth nationwide by making providers fear loss of federal funding, regulatory retaliation, or prosecution. This is a familiar strategy: don’t just ban care outright; instead, make it so risky that hospitals stop providing it altogether. The result is the same everywhere. Young people lose access to care that major medical associations agree can be lifesaving.

All of this is happening under the banner of preventing “irreversible harm.”

But if America were genuinely concerned about irreversible harm to minors, the first thing lawmakers would address is the medically unnecessary, nonconsensual surgeries still performed on intersex infants and young children, procedures that permanently alter healthy tissue, often without urgent medical need, and long before a child can meaningfully participate in the decision. Human rights organizations have documented for years how these interventions are justified not by medical necessity, but by social pressure to make bodies appear more typically “female” or “male.” 

Here is the uncomfortable truth: all of the state laws now banning gender-affirming care for transgender youth explicitly include exceptions that allow nonconsensual and harmful intersex surgeries to continue.

A recent JAMA Health Forum analysis found that 28 states have enacted bans on gender-affirming care for minors that carve out intersex exceptions, preserving doctors’ ability to perform irreversible “normalizing” procedures on intersex children even while prohibiting affirming care for trans adolescents.

This contradiction is not accidental. It reveals the real priority behind these laws.

If the goal were truly to protect children from irreversible medical interventions, intersex kids would be protected first. Instead, these policies target one group of children, transgender youth, while continuing to permit permanent interventions on another group whose bodies challenge the same rigid sex and gender binary that lawmakers are trying to enforce.

Intersex people are routinely erased from American policy debates, except when our bodies are invoked to justify harmful laws, warning that intersex children are being used as legal loopholes rather than protected as human beings. This “protect the children” rhetoric is routinely deployed to justify state control over bodies, while preserving medical practices that stripped intersex children like me of autonomy, good health, and choice. Those harms are not theoretical. They are lifelong.

What makes this moment even more jarring is that the federal government had finally begun to recognize intersex people and attempt to address the harms suffered.

In 2024, at the very end of his term, the Biden administration released the first-ever intersex health equity report — a landmark admission that intersex people have been harmed by the U.S. health care system. Issued by the Department of Health and Human Services, the report documents medically unnecessary interventions, lack of informed consent, and systemic erasure and recommends delaying irreversible procedures until individuals can meaningfully participate in decisions about their own bodies.

This should have been a turning point. Instead, America is moving in the opposite direction.

On day one, President Trump issued an executive order defining “sex” in a way attempting to delegitimize the existence of transgender Americans that also erased the existence of many intersex people. 

When medicine is used to erase difference, it is called protection, while care that supports self-understanding is treated as a threat. This is not about medicine. It is about control.

You cannot claim to oppose irreversible harm to children while legally permitting surgeries that intersex adults and human rights experts have condemned for decades. You cannot claim to respect bodily autonomy while denying it selectively, based on whose bodies make lawmakers uncomfortable.

Protecting children means protecting all children, transgender, intersex, and cisgender alike. It means delaying irreversible interventions when they are not medically necessary. It means trusting and supporting young people and families over politicians chasing culture-war victories.

America can continue down the path of criminalizing care for some children while sanctioning harm to others, or it can finally listen to the people who have lived the consequences.

Intersex children deserve laws that protect their bodies, not politics that hurt and erase them.

Kimberly Zieselman is a human rights advocate and the author of “XOXY: A Memoir”. The author is a co-author of the JAMA Health Forum article cited, which examined state laws restricting gender-affirming care.

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Opinions

New research shows coming out is still risky

A time of profound psychological vulnerability

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(Photo by Iryna Imago/Bigstock)

Coming out is often celebrated as a joyful milestone – a moment of truth, pride, and liberation. For many LGBTQ+ people, that’s exactly what it becomes. But new research I co-authored, published in the journal Pediatrics this month, shows that the period surrounding a young person’s first disclosure of their sexual identity is also a time of profound psychological vulnerability. It’s a fragile window we are not adequately protecting.

Using data from a national sample of lesbian, gay, and bisexual people, our study examined what happens in the years before and after someone comes out to a family member or a straight friend. We weren’t looking at broad lifetime trends or comparing LGBTQ+ youth to heterosexual peers. Instead, we looked within each person’s life. We wanted to understand how their own suicide risk changed around the moment they first disclosed who they are.

The results were unmistakable. In the year a person came out, their likelihood of having suicidal thoughts, developing a suicide plan, or attempting suicide increased sharply. Those increases were not small. Suicide planning rose by 10 to 12 percentage points. Suicide attempts increased by 6 percentage points. And the elevated risk didn’t fade quickly. It continued in the years that followed.

I want to be very clear about what these results mean: coming out itself is not the cause of suicidality. The act of disclosure does not harm young people. What harms them is the fear of rejection, the stress of navigating relationships that suddenly feel uncertain, and the emotional fallout when people they love respond with confusion, disapproval, or hostility.

In other words, young LGBTQ+ people are not inherently vulnerable. We make them vulnerable.

And this is happening even as our culture has grown more affirming, at least on the surface. One of the most surprising findings in our study was that younger generations showed larger increases in suicide risk around coming out compared to older generations. These are young people who grew up with marriage equality, LGBTQ+ celebrities, Pride flags in classrooms, and messaging that “it gets better.”

So why are they struggling more?

I think it’s, in part, because expectations have changed. When a young person grows up hearing that their community is increasingly accepted, they may expect support from family and friends. When that support does not come, or comes with hesitation, discomfort, or mixed messages, the disappointment is often devastating. Visibility without security can intensify vulnerability.

Compounding this vulnerability is the broader political environment. Over the last several years, LGBTQ+ youth have watched adults in positions of power debate their legitimacy, restrict their rights, and question their place in schools, sports, and even their own families. While our study did not analyze political factors directly, it is impossible to separate individual experiences from a climate that routinely targets LGBTQ+ young people in legislative hearings, news cycles, and social media.

When you’re 14 or 15 years old and deciding who to tell about your identity, the world around you matters.

But the most important takeaway from our study is this: support is important. The presence, or absence of family acceptance is typically one of the strongest predictors of whether young people thrive after coming out. Research consistently shows that when parents respond with love, curiosity, and affirmation, young people experience better mental health, stronger resilience, and lower suicide risk. When families reject their children, the consequences can be life-threatening.

Support doesn’t require perfect language or expertise. It requires listening. It requires pausing before reacting out of fear or unfamiliarity. It requires recognizing that a young person coming out is not asking you to change everything about your beliefs. They’re asking you to hold them through one of the most vulnerable moments of their life.

Schools, too, have an enormous role to play. LGBTQ+-inclusive curricula, student groups, and clear protections against harassment create safer environments for disclosure. 

Health care settings must also do better. Providers should routinely screen for mental health needs among LGBTQ+ youth, especially around the time of identity disclosure, and offer culturally competent care.

And as a community, we need to tell a more honest story about coming out. Yes, it can be liberating. Yes, it can be beautiful. But it can also be terrifying. Instead of pretending it’s always a rainbow-filled rite of passage, we must acknowledge its risks and surround young people with the support they deserve.

Coming out should not be a crisis moment. It should not be a turning point toward despair. If anything, it should be the beginning of a young person’s journey toward authenticity and joy.

That future is possible. But it depends on all of us – parents, educators, clinicians, policymakers, and LGBTQ+ adults ourselves – committing to make acceptance a daily practice.

Young LGBTQ+ people are watching. And in the moment they need us most, they must not fall into silence or struggle alone.


Harry Barbee, Ph.D., is an assistant professor at the Johns Hopkins Bloomberg School of Public Health. Their research and teaching focus on LGBTQ+ health, aging, and public policy. 

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Letter-to-the-Editor

Candidates should pledge to nominate LGBTQ judge to Supreme Court

Presidential, Senate hopefuls need to go on the record

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

As soon as the final votes are cast and counted and verified after the November 2026 elections are over, the 2028 presidential cycle will begin in earnest. Polls, financial aid requests, and volunteer opportunities ad infinitum will flood the public and personal media. There will be more issues than candidates in both parties. The rending of garments and mudslinging will be both interesting and maybe even amusing as citizens will watch how candidates react to each and every issue of the day.

There is one particular item that I am hoping each candidate will be asked whether in private or in public. If a Supreme Court vacancy occurs in your potential administration, will you nominate an open and qualified LGBTQ to join the remaining eight?

Other interest groups on both sides have made similar demands over the years and have had them honored. Is it not time that our voices are raised as well? There are several already sitting judges on both state and federal benches that have either been elected statewide or approved by the U.S. Senate.

Our communities are being utilized and abused on judicial menus. Enough already! Challenge each and every candidate, regardless of their party with our honest question and see if honest answers are given. By the way … no harm in asking the one-third of the U.S. Senate candidates too who will be on ballots. Looking forward to any candidate tap dancing!

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