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DeVos: It’s OK if states discriminate against LGBT students

Education sec’y also won’t denounce racial discrimination

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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

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New York

Court orders Pride flag to return to Stonewall

Lambda Legal, Washington Litigation Group filed federal lawsuit

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Pride flag restored by activists at Stonewall National Monument in New York following the removal earlier this year. (Screen capture insert via Reuters YouTube)

The Pride flag will once again fly over the Stonewall National Monument in New York following a court order requiring the National Park Service to raise it over the site.

The decision follows a lawsuit filed by Lambda Legal and the Washington Litigation Group in the U.S. District Court for the Southern District of New York, which challenged the removal as unconstitutional under the Administrative Procedure Act and argued that the government unlawfully targeted the LGBTQ community.

In February, the NPS removed the Pride flag from the Stonewall National Monument, the first national monument dedicated to LGBTQ rights and history in the U.S. The move followed a Jan. 21 memorandum issued by President Donald Trump-appointed NPS Director Jessica Bowron restricting which flags may be flown at national parks. The directive limited displays to official government flags, with narrow exceptions for those deemed to serve an “official purpose.”

Plaintiffs successfully argued that the Pride flag meets that standard, given Stonewall’s status as the birthplace of the modern LGBTQ rights movement. They also contended that the policy violated the APA by bypassing required public input and improperly applying agency rules.

The lawsuit named Interior Secretary Doug Burgum, Bowron, and Amy Sebring, superintendent of Manhattan sites for the NPS, as defendants. Plaintiffs included the Gilbert Baker Foundation, Village Preservation, Equality New York, and several individuals.

The court found that the memorandum — while allowing limited exceptions for historical context purposes — was applied unlawfully in this case. As part of the settlement, the NPS is required to rehang the Pride flag on the monument’s official flagpole within seven days, where it will remain permanently.

“The sudden, arbitrary, and capricious removal of the Pride flag from the Stonewall National Monument was yet another act by this administration to erase the LGBTQ+ community,” said Karen Loewy, co-counsel for plaintiffs and Lambda Legal’s Senior Counsel and Director of Constitutional Law Practice. “Today, the government has pledged to restore this important symbol back to where it belongs.”

“This is a complete victory for our clients and for the LGBTQ+ community,” said Alexander Kristofcak, lead counsel for plaintiffs and a lawyer with Washington Litigation Group. “The government has acknowledged what we argued from day one: the Pride flag belongs at Stonewall. The flag will be restored and it will fly officially and permanently. And we will remain vigilant to ensure that the government sticks to the deal.”

“Gilbert Baker created the Rainbow Pride flag as a symbol of hope and liberation,” said Charles Beal, president of the Gilbert Baker Foundation. “Today, that symbol is restored to the place where it belongs, standing watch over the birthplace of the modern LGBTQ+ rights movement.”

“The government tried to erase an important symbol of the LGBTQ+ community, and the community said no,” said Amanda Babine, executive director of Equality New York. “Today’s accomplishment proves that when we stand together and fight back, we win.”

“The removal of the Pride flag from Stonewall was an attempt to erase LGBTQ+ history and undermine the rule of law,” said Andrew Berman, executive director of Village Preservation. “This settlement restores both.”

With Loewy on the complaint are Douglas F. Curtis, Camilla B. Taylor, Omar Gonzalez-Pagan, Kenneth D. Upton Jr., Jennifer C. Pizer, and Nephetari Smith from Lambda Legal. With Kristofcak on the complaint are Mary L. Dohrmann, Sydney Foster, Kyle Freeny, James I. Pearce, and Nathaniel Zelinsky from Washington Litigation Group.

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Sri Lanka

Sri Lankan government withdraws support for LGBTQ tourism initiative

Prominent religious leaders criticized campaign

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(Photo by PaulCowan/Bigstock)

The Sri Lankan government has withdrawn its support for an initiative that encourages LGBTQ tourists to visit the country.

The Sri Lanka Tourism Development Authority last September partnered with Equal Ground, an LGBTQ rights group, on the initiative.

The Daily Mirror, a Sri Lankan newspaper, reported Sri Lanka Development Authority Chair Buddhika Hewawasam in a letter to Equal Ground Executive Director Rosanna Flamer-Caldera said his agency recognizes “the potential of this project to diversify our tourism markets and position Sri Lanka as a safe, inclusive, and welcoming destination for all travelers.”

Cardinal Malcolm Ranjith, the archbishop of Colombo, along other prominent Christian and Buddhist leaders criticized the initiative. Attorney General Parinda Ranasinghe on Feb. 10 indicated the Sri Lanka Tourism Development Authority had rescinded its support for the campaign.

Flamer-Caldera on April 10 acknowledged the criticism over the initiative but added “the fact that the letter has been rescinded doesn’t make any difference.”

“We’re still doing work with the tourism industry who have basically opened up to us and are willing participants in the project,” said Flamer-Caldera. “They realize the potential of the boost to our tourism industry as well as boosting our economy.”

Sections 365 and 365A of Sri Lanka’s colonial-era penal code criminalizes consensual same-sex sexual relations.

The U.N. Committee on the Elimination of Discrimination Against Women in 2022 ruled the criminalization law violated Flamer-Caldera’s rights. The Sri Lankan Supreme Court in 2023 said a bill that would decriminalize homosexuality is constitutional.

Transgender people in Sri Lanka since 2016 have been able to request a Gender Recognition Certificate that allows them to legally change their name and gender on ID cards. Flamer-Caldera noted to the Blade that LGBTQ rights opponents have challenged the Gender Recognition Certificate in the Supreme Court.

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Federal Government

Trump budget targets ‘gender extremism’

Proposed spending package would target ‘leftist’ political ideologies

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The FBI seal on granite. (Photo courtesy of Bigstock)

The White House submitted its 2027 budget request to Congress last month, outlining a push for the Federal Bureau of Investigation to “proactively” target what it describes as “extremism” related to gender — raising concerns about the potential for law enforcement to target LGBTQ people.

The Trump-Vance administration’s 2027 budget request, submitted to Congress on April 4, proposes a dramatic increase in national security and law enforcement spending, while reducing foreign aid and restructuring multiple domestic security programs. In total, the administration is requesting $2.16 trillion in discretionary budget authority (including mandatory resources), a 15.3 percent increase over the 2026 proposal.

Central to the proposal is the creation of a new “NSPM-7 Joint Mission Center,” a direct follow-up to the September 2025 National Security Presidential Memorandum 7 (NSPM-7). The directive instructs the Justice Department, the FBI, and other national security agencies to combat what the administration defines as “political violence in America,” effectively reshaping the Joint Terrorism Task Force network to focus on “leftist” political ideologies, according to reporting by independent journalist Ken Klippenstein.

The American Civil Liberties Union has characterized NSPM-7 as a way for President Donald Trump to intimidate his political enemies.

In a press release following the memorandum, Hina Shamsi, director of the ACLU’s National Security Project, said, “President Trump has launched yet another effort to investigate and intimidate his critics,” and had described the move as an “intimidation tactic against those standing up for human rights and civil liberties.”

The proposed mission center would include personnel from 10 federal agencies tasked with targeting “domestic terrorists” associated with a wide range of ideologies. Among them is what the administration labels “extremism” related to gender, alongside categories such as “anti-Americanism,” “anti-capitalism,” “anti-Christianity,” and “support for the overthrow of the U.S. government.” The document also cites “hostility toward those who hold traditional American views” on family, religion, and morality — language LGBTQ advocates have increasingly warned could be used to frame queer and transgender rights movements as ideological threats.

The mission center is one component of a proposed $166 million increase in the FBI’s counterterrorism budget.

In total, the FBI would receive $12.5 billion for salaries and expenses under the proposal, a $1.9 billion increase. Planned investments include unmanned aerial systems operations and counter-drone capabilities, counterterrorism efforts, and security preparations for the 2028 Summer Olympics in Los Angeles. The budget also cites 67,000 FBI arrests since Jan. 20, 2026, which it describes as a 197 percent increase from the prior year.

When Congress passed the USA PATRIOT Act in 2001, it also enacted 18 U.S.C. § 2331(5), which defines domestic terrorism as activities involving acts dangerous to human life that violate criminal laws and are intended to intimidate or coerce civilians or influence government policy through violence. That statutory definition has not changed.

However, federal agencies have historically categorized domestic terrorism threats into groups such as racially or ethnically motivated violent extremism, anti-government or anti-authority violent extremism, and other threats, including those tied to bias based on religion, gender, or sexual orientation.

The language in the budget suggests a shift in how those categories are interpreted and applied — particularly by explicitly linking “extremism” to gender and to perceived opposition to “traditional” views — without any corresponding change to federal law. Only Congress has the power to change the definition of domestic terrorism by passing legislation.

The budget document states:

“DT lone offenders will continue to pose significant detection and disruption challenges because of their capacity for independent radicalization to violence, ability to mobilize discretely, and access to firearms. Additionally, in recent years, heinous assassinations and other acts of political violence in the United States have dramatically increased. Commonly, this violent conduct relates to views associated with anti-Americanism, anti-capitalism, and anti-Christianity; support for the overthrow of the U.S. government; extremism on migration, race, and gender; and hostility toward those who hold traditional American views on family, religion, and morality.”

This language echoes earlier actions by the Trump-Vance administration targeting trans people.

On the first day of his second term, President Trump signed Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”

The order establishes a strict binary definition of sex and withdraws federal recognition of trans people.

“It is the policy of the United States to recognize two sexes, male and female,” the order states. “‘Sex’ shall refer to an individual’s immutable biological classification as either male or female. ‘Sex’ is not a synonym for and does not include the concept of ‘gender identity.’”

Appropriations committees in both chambers are expected to begin hearings in the coming weeks.

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