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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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Virginia

Virginia High School League reverses policy on transgender athletes

Trans athletes previously allowed to compete on teams that corresponded with gender identity

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Virginia flag flies over the state Capitol. (Washington Blade photo by Michael Key)

The Virginia High School League on Monday announced it will no longer allow transgender athletes to compete on teams that correspond with their gender identity following another executive order signed by President Donald Trump targeting trans people.

The VHSL announced their policy change on their X account. It undoes a 2023 announcement that said it would not change their policy that allowed trans athletes to compete on teams that affirmed their identities.

Following a Jan. 28 executive order signed that stopped hospitals and other medical institutions from providing gender-affirming care to minors under that age of 19, Trump on Feb. 5 signed another executive order, “Keeping Men Out of Women’s Sports.”

The ban seeks “to rescind all funds from educational programs that deprive women and girls of fair athletic opportunities, which results in the endangerment, humiliation, and silencing of women and girls.” The NCAA and many other educational institutions agreed to implement the ban in fear of losing federal funding.

“The VHSL is an association comprising 318 member schools with more than 177,000 students participating yearly in sports and academic activities. The VHSL is the governing body, and our member schools look to and rely on the VHSL for policy and guidance. To that end, the VHSL will comply with the executive order,” said VHSL Executive Director John W. “Billy” Haun. “The compliance will provide membership clear and consistent direction.”

The VHSL also said staff will be making changes to their handbook and policy manual in the coming days, reminiscent of the Centers for Disease Control and Prevention scrubbing all of the papers in its database of any now-banned language regarding LGBTQ people and attacks on diversity, equity, and inclusion.

The VHSL’s own data indicates only 29 of the student athletes it oversees have been reported as trans since 2022.

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State Department

Transgender, nonbinary people file lawsuit against passport executive order

State Department banned from issuing passports with ‘X’ gender markers

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(Bigstock photo)

Seven transgender and nonbinary people on Feb. 7 filed a federal lawsuit against President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers.

Ashton Orr, Zaya Perysian, Sawyer Soe, Chastain Anderson, Drew Hall, Bella Boe, and Reid Solomon-Lane are the plaintiffs in the class action lawsuit the American Civil Liberties Union, the ACLU of Massachusetts, and the private law firm Covington & Burling LPP filed in U.S. District Court for the District of Massachusetts. The lawsuit names Trump and Secretary of State Marco Rubio as defendants.

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

The State Department policy took effect on April 11, 2022.

Trump signed the executive order that overturned it shortly after he took office on Jan. 20. Rubio later directed State Department personnel to “suspend any application requesting an ‘X’ sex marker and do not take any further action pending additional guidance from the department.”  

“This guidance applies to all applications currently in progress and any future applications,” reads Rubio’s memo. “Guidance on existing passports containing an ‘X’ sex marker will come via other channels.”

The lawsuit says Trump’s executive order is an “abrupt, discriminatory, and dangerous reversal of settled United States passport policy.” It also concludes the new policy is “unlawful and unconstitutional.”

“It discriminates against individuals based on their sex and, as to some, their transgender status,” reads the lawsuit. “It is motivated by impermissible animus. It cannot be justified under any level of judicial scrutiny, and it wrongly seeks to erase the reality that transgender, intersex, and nonbinary people exist today as they always have.”

Solomon-Lane, who lives in North Adams, Mass., with his spouse and their three children, in an ACLU press release says he has “lived virtually my entire adult life as a man” and “everyone in my personal and professional life knows me as a man, and any stranger on the street who encountered me would view me as a man.”

“I thought that 18 years after transitioning, I would be able to live my life in safety and ease,” he said. “Now, as a married father of three, Trump’s executive order and the ensuing passport policy have threatened that life of safety and ease.”

“If my passport were to reflect a sex designation that is inconsistent with who I am, I would be forcibly outed every time I used my passport for travel or identification, causing potential risk to my safety and my family’s safety,” added Solomon-Lane.

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District of Columbia

Booz Allen withdraws as WorldPride corporate sponsor

Company updated programs to comply with Trump executive orders

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(Screenshot courtesy of WorldPride's website)

The U.S. technology company Booz Allen Hamilton has confirmed it has withdrawn as a corporate sponsor for the international LGBTQ WorldPride events scheduled to take place in D.C. from May 17-June 8, according to a report by the Washington Business Journal.

In an exclusive story published Feb.10, the business publication reports that Booz Allen Hamilton disclosed in a statement that its decision to withdraw as a WorldPride sponsor was based on its need to comply with “recently issued presidential executive orders.”

Although the statement did not say so directly, it is referring to executive orders issued since Jan. 20 by President Donald Trump that, among other things, ban government agencies and companies doing business with the government through contracts from promoting or carrying out diversity, equity, and inclusion or “DEI” programs.

On its website, Booz Allen Hamilton describes itself as an “advanced technology company delivering outcomes with speed for America’s most critical defense, civil, and national securities priorities.” Among the government agencies it does business with, the website statement says, are the U.S. Air Force, U.S. Army, U.S. Marine Corps, U.S. Navy, and the Office of the Secretary of Defense.

“We take this responsibility to our nation seriously,” Washington Business Journal quoted the Booz Allen Hamilton statement regarding WorldPride as saying. “It demands from us commitment to their best principle to flawless execution and to full compliance with all laws and regulations, including executive orders,” Washington Business Journal quotes the statement as saying.

The Washington Business Journal article includes a photo of more than a dozen of Booz Allen Hamilton employees marching in D.C.’s Capital Pride parade in 2017.

The company did not immediately respond to a request from Washington Blade seeking comment on its WorldPride decision.

Capital Pride Alliance, the group that organizes most D.C. LGBTQ Pride events and is the lead organizer of WorldPride 2025, in response to a request by the Blade released a statement responding to Booz Allen Hamilton’s sponsorship withdrawal.

“Booz Allen Hamilton is the only organization that has withdrawn its committed financial support for WorldPride,” the statement says. “CPA is proud of its many longstanding legacy sponsors, many of whom have already reaffirmed their commitments to participate in WorldPride this summer,” the statement continues.

“Just like many American companies and LGBTQ+ organizations, we are navigating current challenges and many unknowns,” the statement says. “We are confident, however, that we will have the support necessary to have a successful and safe WorldPride that meets this moment,” it says.

“That support includes families, organizations, and businesses from across our community and corporations that truly celebrate diversity and value equity and inclusion for all,” the statement concludes.

The Capital Pride Alliance website last year listed Booz Allen Hamilton as a corporate sponsor for the 2024 Capital Pride events in the category of a “True Colors” sponsor, which it said represented a donation of $75,000. But the Capital Pride Alliance statement to the Blade this week says, “We are not going to share they’re previously planned commitment for 2025.”

The statement adds, “Many in our community are extremely vulnerable right now, and standing up for them, standing with them, standing with us, in this movement is what we all need.”

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