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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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U.S. Federal Courts

Federal court blocks Title IX transgender protections

Ruling applies to Idaho, La., Miss., and Mont.

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(Bigstock photo)

BY GREG LAROSE | A federal judge has temporarily halted enforcement of new rules from the Biden administration that would prevent discrimination based on gender identity and sexual orientation.

U.S. District Judge Terry Doughty of Louisiana issued a temporary injunction Thursday that blocks updated Title IX policy from taking effect Aug. 1 in Idaho, Louisiana, Mississippi, and Montana. 

In April, the U.S. Department of Education announced it would expand Title IX to protect LGBTQ students, and the four aforementioned states challenged the policy in federal court.

Doughty said in his order that Title IX, the 52-year-old civil rights law that prohibits sex-based discrimination, only applies to biological women. The judge also called out the Biden administration for overstepping its authority. 

“This case demonstrates the abuse of power by executive federal agencies in the rule-making process,” Doughty wrote. “The separation of powers and system of checks and balances exist in this country for a reason.”

The order from Doughty, a federal court appointee of President Donald Trump, keeps the updated Title IX regulations from taking effect until the court case is resolved or a higher court throws out the order.

Opponents of the Title IX rule changes have said conflating gender identity with sex would undermine protections in federal law and ultimately harm biological women. Gender identity refers to the gender an individual identifies as, which might differ from the sex they were assigned at birth.

Louisiana Attorney General Liz Murrill, who filed the suit in the state’s Western District federal court, had called the new regulations “dangerous and unlawful.” In a statement Thursday evening, she said the rules would have placed an unfair burden on every school, college and university in the country.

“This (is) a victory for women and girls,” Murrill said in the statement. “When Joe Biden forced his illegal and radical gender ideology on America, Louisiana said NO! Along with Idaho, Mississippi, and Montana, states are fighting back in defense of the law, the safety and prosperity of women and girls, and basic American values.”

Title IX is considered a landmark policy that provided for equal access for women in educational settings and has been applied to academic and athletic pursuits. 

Related

Doughty’s order comes a day after a similar development in Texas, where Judge Reed O’Connor, an appointee of President George W. Bush, declared that the Biden administration exceeded its authority, the Texas Tribune reported. 

Texas filed its own lawsuit against the federal government to block enforcement of the new rules, which Gov. Greg Abbott had instructed schools to ignore. Texas is one of several states to approve laws that prohibit transgender student-athletes from participating on sports teams that align with their gender identity.

Attorney generals in 26 states have originated or joined federal lawsuits to stop the new Title IX regulations from taking effect. 

Earlier Thursday, Republicans in Congress moved ahead with their effort to undo the revised Biden Title IX policy. Nearly 70 GOP lawmakers have signed onto legislation to reverse the education department’s final rule through the Congressional Review Act, which Congress can use to overturn certain federal agency actions.

Biden is expected to veto the legislation if it advances to his desk.

“Title IX has paved the way for our girls to access new opportunities in education, scholarships and athletics. Unfortunately, (President) Joe Biden is destroying all that progress,” U.S. Rep. Mary Miller (R-Ill.), author of the legislation, said Thursday.

States Newsroom Reporter Shauneen Miranda in D.C. contributed to this report.

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Greg LaRose

Greg LaRose has covered news for more than 30 years in Louisiana. Before coming to the Louisiana Illuminator, he was the chief investigative reporter for WDSU-TV in New Orleans. He previously led the government and politics team for The Times-Picayune | NOLA.com, and was editor in chief at New Orleans CityBusiness. Greg’s other career stops include Tiger Rag, South Baton Rouge Journal, the Covington News Banner, Louisiana Radio Network and multiple radio stations.

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The preceding article was previously published by the Louisiana Illuminator and is republished with permission.

The Louisiana Illuminator is an independent, nonprofit, nonpartisan news organization with a mission to cast light on how decisions in Baton Rouge are made and how they affect the lives of everyday Louisianians. Our in-depth investigations and news stories, news briefs and commentary help residents make sense of how state policies help or hurt them and their neighbors statewide.

We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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Congress

Garcia slams effort to ban drag shows as GOP passes NDAA with anti-LGBTQ riders

Equality Caucus denounces anti-LGBTQ amendments

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U.S. Rep. Robert Garcia (D-Calif.) during the debate on Thursday over the National Defense Authorization Act (Screen capture via C-Span)

U.S. Rep. Robert Garcia (D-Calif.) slammed Republican U.S. Rep. Josh Brecheen’s (Okla.) effort to ban drag shows on American military bases during a debate over the annual National Defense Authorization Act spending bill on Thursday.

The appropriations package, which contains five anti-LGBTQ riders pushed by House GOP members, was passed on Friday.

“We know there are a lot of threats to the health and well-being of our service members and their families: poisoned water, toxic mold in military housing, PTSD, and suicide,” said Garcia, who is gay and a co-chair of the Congressional Equality Caucus.

“So I’m stunned to see that the Republican idea to protect our troops is to ban drag shows,” he said. “Mr. Speaker, my Republican colleagues want us to believe that ‘these gays are trying to murder us.’ They want us to believe that drag is harmful, or immoral and wrong. This is ridiculous.”

“We can document and celebrate drag shows on military bases since the late 1800s, and through both world wars,” Garcia continued. “The USO and the Red Cross supported drag during World War II. That’s right: the Army that defeated Hitler and saved the world included drag queens.” 

“Ronald Regan starred in a movie called ‘This Is the Army!’ — a movie about World War II that featured four drag performances,” he said. “And he’s not the only Republican president who knew that drag can be fun and sometimes silly.”

Garcia displayed a photo of former president and presumptive 2024 GOP nominee Donald Trump alongside former New York Mayor Rudy Giuliani, who was dressed in drag.

“Mr. Speaker,” the congressman said, “drag is Art. Drag is Culture. Drag is Creativity. Drag is Comedy. And no, drag is Not a Crime. It’s not pornography. The real obscenity is when one of our colleagues, the gentlewoman from Georgia, shows literal posters of revenge porn in our Oversight Committee! If we want to end porn in government facilities, let’s ban that.”

In a statement on Friday, the Equality Caucus called out House Republicans’ politicization of the military appropriations bill.

“Like last year, House Republicans voted to add poison pill, anti-LGBTQI+ provisions to the NDAA that discriminate against our LGTBQI+ servicemembers and their families,” said Caucus Chair U.S. Rep. Mark Pocan (D-Wis.) “The Equality Caucus remains committed to preventing these discriminatory provisions from becoming law.”

Along with Brecheen’s drag show ban, the caucus highlighted four of these riders from this year’s NDAA:

  • Amendment 46 by U.S. Rep. Greg Steube (R-Fla.), which would “prohibit funds for the Department of Defense Education Activity from being used to purchase, maintain, or display in a school library or classroom books that include transgender and intersex characters or touch on topics related to gender identity or variations in sex characteristics,”
  • Amendment 49 by U.S. Rep. Cory Mills (R-Fla.), which would “ban Pride flags from any workplace, common access area, or public area of the Department of Defense,” and
  • Amendments 52 and 53 by U.S. Reps. Matt Rosendale (R-Mont.) and Ralph Norman (S.C.), which would, respectively, “ban TRICARE from covering and furnishing gender-affirming surgeries and hormone treatments,” and “prohibit the Exceptional Family Member Program (EFMP) from covering or providing referrals for “gender transition procedures”—including puberty blockers, hormone therapy, and surgeries—for servicemembers’ dependent minor children.”
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Congress

Merkley, joined by Advocates for Trans Equality, makes Equality Act push

Ore. senator said ‘our rights and freedoms are on the ballot this year’

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U.S. Sen. Jeff Merkley (D-Ore.) speaks at the Senate Swamp on Tuesday. (Washington Blade photo by Christopher Kane)

U.S. Sen. Jeff Merkley (D-Ore.) called for passage of the Equality Act during a press conference on Wednesday alongside Advocates for Trans Equality, who were convened on Capitol Hill for the Trans Day of Empowerment lobby day.

Instead of freedom and the opportunity to participate fully in society, the senator said, “We see hatred, we see harassment, we see homelessness, we see discrimination, and bigotry, and violence, we see unemployment, we even see state-sanctioned attempts to outlaw the very identity of our transgender members of our community.”

“Across America in 2024, in our state legislatures there have been 500 bills drafted to constrain the opportunity for transgender Americans,” Merkley said. “They take on school curriculum, or they ban gender affirming care or otherwise seek to constrain the opportunity to participate in society, by our transgender individuals, in so many different ways.”

“This is wrong,” he said. “This is unacceptable. And we need to therefore pass the Equality Act here in the halls of Congress.”

Merkley, who introduced the latest iteration of the bill in the Senate, noted the legislation would “end discrimination on sexual orientation or gender identity in employment, in housing, in public accommodations, in mortgages, in financial transactions, in jury duty — every facet of American society.”

U.S. Rep. Mark Takano (D-Calif.), who is gay and a co-chair of the Congressional Equality Caucus, is leading the House version of the bill.

However, Merkley said, “our partners on the right side of the aisle have abandoned us. So, the responsibility to pass the Equality Act falls firmly on the Democratic Party.”

The senator called for an end to the Senate filibuster as a means of passing important legislation like the Equality Act.

Separately, in a statement to the Washington Blade, Merkley said, “Voting is the heart of our democracy. As Americans cast their ballots this fall, they have the chance to decide major issues facing our nation — from LGBTQ+ rights to reproductive freedom to so much more.”

“Democracy doesn’t exist unless every eligible voter has equal opportunity to make their voice heard,” he said. “As attacks on our LGBTQ+ friends and neighbors continue in the halls of Congress, state legislatures, and in our communities, we must all speak out and vote against this rising hate.”

The senator added, “Our rights and freedoms are on the ballot this year, and I won’t stop fighting until every American can live safely and freely as their authentic self.”

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