News
DeVos: It’s OK if states discriminate against LGBT students
Education sec’y also won’t denounce racial discrimination
Betsy DeVos refused to denounce discrimination against LGBT students.
(Blade file photo by Michael Key)
Under a grilling during a congressional hearing Wednesday, Education Secretary Betsy DeVos refused to say she’ll speak out against discrimination against LGBT students — or even students experiencing racial discrimination.
Rep. Katherine Clark (D-Mass.) pressed DeVos during a House Appropriations subcommittee hearing on Lighthouse Christian Academy, a private school in Indiana the lawmaker says is the recipient school voucher money, but may not admit students from families with “homosexual or bisexual activity” or “practicing alternate identity.”
Clark asked DeVos, who’s advocating a budget that calls for a $250 million increase in school voucher funds, if she’ll “stand up that this school will be open to all students.”
DeVos first dodged the question, saying she’ll like to defer to earlier comment from lawmaker, and still refused to denounce the policy when asked to draw a line on state flexibility and reject money for schools discriminating on the basis of sexual orientation, race or special needs.
“For states who have programs that allow for parents to make choices, they set up the rules around that,” DeVos said.
Pressed further by Clark on whether the Education Department would withhold school vouchers on any situation regarding discrimination, DeVos again refused to answer.
“The Office of Civil Rights and our Title IX protections are broadly applicable across the board,” DeVos said. “But when it comes to parents making choices on behalf of their students…”
Davis interrupting by saying “this isn’t about parents making choices, this is about use of federal dollars,” and pressed DeVos who provided a non-answer about flexibility.
“So, if I understand your testimony,” Davis responded, “I want to make sure I get this right. There’s no situation of discrimination or exclusion that if a state approved it for its voucher program, that you would step and say that’s now how we’re going to use our federal dollars? There’s no situation, if the state approved it, that you would put the state flexibility over our students? Is that your testimony?”
DeVos began to say the situation was “hypothetical,” but Davis responded the situation was real and pointed to Lighthouse Christian Academy. At this point, the Republican chair of the committee informed Davis her time had expired.
“The bottom line is we believe that parents are the best equipped to make choices for their children’s schooling and education decisions, and too many children today are trapped in schools that don’t work for them,” DeVos said. “We have to do something different, we have to do something different than continuing a top-down, one-size-fits-all approach, and that is the focus, and states and local communities are best equipped to make these decisions and framework on behalf of their students.”
Davis, seemingly exasperated, concluded, “I am shocked that you could not come up with one example of discrimination that you would stand up for students.”
David Stacy, government affairs director for the Human Rights Campaign, was among those denouncing DeVos for refusing to denounce anti-LGBT discrimination.
“Taxpayer funds should never be used to discriminate against LGBTQ students, and it is shocking and disappointing that Secretary DeVos won’t make this basic commitment,” Stacy said. “Secretary DeVos has failed again to stand up for all students and ensure every child is able to receive an education free from harassment and discrimination.”
Federal law against discrimination in schools also prohibits charter and private schools from discriminating against students. Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin for any school accepting federal funds, and Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex for any school accepting federal funds. There is an exemption in Title IX for religious schools, but not for charter or secular private schools.
DeVos, who was narrowly confirmed by the Senate, has been a controversial figure and despised by charter school opponents for her support for school vouchers.
Earlier this year, DeVos and U.S. Attorney General Jeff Sessions revoked Obama-era guidance barring schools from discriminating against transgender students or denying them access to the restroom consistent with their gender identity.
Media reports indicated she resisted the change, but she ultimately agreed to it. Afterwards, DeVos met with transgender students and a trio of LGBT advocacy groups at the Education Department.
Sarah Kate Ellis, CEO of GLAAD, also denounced DeVos and said the education secretary was “turning a blind eye to LGBTQ students who experience discrimination in school.”
“DeVos once claimed she was an LGBTQ ally, but has now supported back to back policies that would erase LGBTQ students from classrooms,” Ellis said. “If she wants to be known as more than an anti-LGBTQ activist the time is now to reverse course.”
h/t Huffington Post
State Department
Democracy Forward files FOIA request for State Department bathroom policy records
April 20 memo outlined anti-transgender rule
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.
Federal Government
House Republicans push nationwide ‘Don’t Say Gay’ bill
Measures would restrict federal funding for LGBTQ-affirming schools
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.
Botswana’s government has repealed a provision of its colonial-era penal code that criminalized consensual same-sex sexual relations.
The country’s High Court in 2019 struck down the provision. The Batswana government in 2022 said it would abide by the ruling after country’s Court of Appeals upheld it.
The government on March 26 announced the repeal of the penal code’s “unnatural offenses” section that specifically referenced any person who “has carnal knowledge of any person against the order of nature” and “permits any other person to have carnal knowledge of him or her against the order of nature.”
Lesbians, Gays and Bisexuals of Botswana, a Batswana advocacy group known by the acronym LEGABIBO, challenged the criminalization law with the support of the Southern Africa Litigation Center. LEGABIBO in a statement it posted to its Facebook on April 25 welcomed the repeal.
“For many, these provisions were not just words on paper — they were lived realities,” said LEGABIBO. “They affected access to healthcare, safety, employment, and the freedom to love and exist openly.”
“LEGABIBO believes that the deletion of these sections is a necessary and long-overdue step toward restoring dignity and aligning our legal framework with constitutional values of equality and human rights,” it added. “It is a clear message that LGBTIQ+ persons are not criminals, and that their lives and relationships deserve protection, not punishment.”
LEGABIBO further stressed that “while this does not erase the harm of the past, it creates space for healing, inclusion, and continued progress toward full equality.”
Democracy Forward files FOIA request for State Department bathroom policy records
House Republicans push nationwide ‘Don’t Say Gay’ bill
Botswana repeals colonial-era sodomy law
LGBTQ people are leaving Orthodox Judaism behind
Madonna makes rare club appearance in West Hollywood
Second trans member announces plans to resign from Capital Pride board
Adoption under suspicion
Why we need to recognize and celebrate Lesbian Day of Visibility
Calendar: April 24-30
