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Texas to consider anti-LGBT legislation based on HB2 deal

Proposal would bar municipalities from enacting pro-LGBT ordinances

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Religious Freedom, gay news, Washington Blade

The Texas Senate is set to consider anti-LGBT legislation based on the HB2 deal. (Photo by Daniel Mayer; courtesy Wikimedia)

In a sign the new law in North Carolina that replaced House Bill 2 may be exported to other states, the Texas legislature is set on Wednesday to consider anti-LGBT legislation that bears a striking resemblance to the North Carolina deal.

The bill, House Bill 2899, was introduced Friday by Rep. Ron Simmons (R-Carrollton) as a compromise proposal for lawmakers seeking to enact anti-LGBT legislation in Texas as the biennial legislative session in Texas winds down. The legislation is set for a hearing Wednesday in the House State Affairs Committee.

The measure would prohibit municipalities from enacting ordinances that would “protect a class of persons from discrimination” or reduce or expand the classes of persons protected from discrimination under state law. In effect, the proposal would bar cities from enacting ordinances barring anti-LGBT discrimination because Texas state law affords no protection based on sexual orientation or transgender status.

The proposal has explicit language stating city ordinances would become null and void if they were enacted prior to the passage of the law. That would eliminate non-discrimination ordinances already in place in Austin, Dallas, El Paso, Fort Worth, Plano and San Antonio, according to the Human Rights Campaign’s 2016 Municipal Index.

HB 2899 would take effect immediately if it receives a vote of two-thirds of all the members elected to each house as provided under the Texas Constitution. But if the legislature approves it by a simple majority, it would take effect on Sept. 1, 2017.

The law is proposed as an alternative to anti-LGBT legislation already approved in the Senate, Senate Bill 6, which seems to have stalled out after House Speaker Joe Strauss said he opposed the bill and had no intention of bringing it up. That proposal would bar cities from enacting measures to bar discrimination against transgender people in restrooms and prohibit transgender people from using the restroom consistent with their gender identity in public spaces, such as schools and government buildings.

Matt McTighe, executive director for Freedom for All Americans, said in a statement lawmakers reject the measure because it would have the same discriminatory impact as SB6.

“No one should be fooled by HB2899 – this is dangerous legislation that is just as discriminatory and economically perilous as SB6,” McTighe said. “Legal protections from discrimination are put in place for a reason, and rolling those protections back should never be on the table. Like SB6, this legislation is a solution in search of a problem that just doesn’t exist. There are no winners under HB2899 – it will create dangerous situations for transgender people, and like SB6 it will tarnish Texas’ reputation and economy.”

Also condemning the Texas proposal on the basis of it being worse than SB6 was Sarah Kate Ellis, CEO of the LGBT media organization GLAAD.

“The newly proposed HB 2899 is even worse than SB6 because it invalidates all existing local non-discrimination ordinances that protect LGBTQ Texans and gives anti-LGBTQ state lawmakers full control over future LGBTQ local non-discrimination laws,” Ellis said. “HB 2899 is another harmful ‘solution’ in search of a problem and will accomplish one thing: Further putting the lives of all LGBTQ Texans in jeopardy.”

The measure bears a striking resemblance to HB142, the replacement law that Gov. Roy Cooper signed as part of a deal with Republican legislative leaders to alleviate economic boycott in his state as a result of HB2. The replacement law, which critics say still enables discrimination, convinced major sports leagues like the NCAA to return to the state, although numerous states and municipalities have continued their bans on sponsored travel to North Carolina in protest over the law.

HB2899 is similar to the HB2 deal because both of them bars cities from enacting pro-LGBT non-discrimination ordinances, although that language in the North Carolina law will sunset in 2020.

The North Carolina law, however, is different because it bars state agencies from the “regulation of access” to bathrooms, locker rooms and showers unless they have the legislature’s permission, explicitly naming the University of North Carolina and the North Carolina Community College System as state agencies. The Texas proposal has no similar language, nor does it name any school.

It remains to be seen whether Texas will move forward with HB2899, or whether lawmakers in other states will seek to pass copycats of the HB2 replacement deal because they’ve seen such measures won’t rise to the level of economic boycott — at least from major sports organizations.

Ian Palmquist, director of programs for the Equality Federation, said after the NCAA agreed to restore games to North Carolina as result of the HB2 deal other states won’t pass copycats laws because they face boycotts from other entities.

“While some organizations like the NCAA are backing down, many are standing firm,” Palmquist said. “Legislators in other states need to know that voters and businesses will rally against any new bills that diminish protections for LGBTQ Americans.”

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National

Advocacy groups issue US travel advisory ahead of World Cup

Renee Good’s death in Minneapolis among incidents cited

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(Photo by fifg/Bigstock)

More than 100 organizations have issued a travel advisory for the U.S. ahead of the 2026 World Cup.

The World Cup will take place in the U.S., Canada, and Mexico from June 11-July 19.

“In light of the deteriorating human rights situation in the United States and in the absence of meaningful action and concrete guarantees from FIFA, host cities, or the U.S. government, the undersigned organizations are issuing this travel advisory for fans, players, journalists, and other visitors traveling to and within the United States for the June 2026 FIFA Men’s World Cup. World Cup games will be played in 11 different cities across the United States, which, like many localities, have already been the target of the Trump administration’s violent and abusive immigration crackdown,” reads the advisory that the Council for Global Equality and other groups that include the American Civil Liberties Union issued on April 23.  “The impacts of these policies vary by locality.”

“While the Trump administration’s rising authoritarianism and increasing violence pose serious risks to all, those from immigrant communities, racial and ethnic minority groups, and LGBTQ+ individuals have been and continue to be disproportionately targeted and affected by the administration’s policies and, as such, are most vulnerable to serious harm when traveling to and/or within the United States,” it adds. “This travel advisory calls on fans, players, journalists, and other visitors to exercise caution.”

The advisory specifically mentions Renee Good.

A U.S. Immigration and Customs Enforcement agent on Jan. 7 shot and killed her in Minneapolis. Good, 37, left behind her wife and three children.

The full advisory can be read here.

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State Department

Democracy Forward files FOIA request for State Department bathroom policy records

April 20 memo outlined anti-transgender rule

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(Photo courtesy of the Library of Congress)

Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.

A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.

“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”

Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.

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Federal Government

House Republicans push nationwide ‘Don’t Say Gay’ bill

Measures would restrict federal funding for LGBTQ-affirming schools

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(Washington Blade photo by Michael Key)

Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.

Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.

The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.

The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.

It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”

LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.

A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.

Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.

David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.

“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”

This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.

The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.

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