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DeVos still won’t say federal law bars anti-LGBT discrimination

Education secretary insists schools must follow federal law

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Betsy DeVos, gay news, Washington Blade

Education Secretary Betsy DeVos wouldn’t say charter schools are barred from anti-LGBT discrimination. (Blade photo by Michael Key)

Weeks after facing criticism for refusing to speak out in congressional testimony against anti-LGBT discrimination in charter schools, Education Secretary Betsy DeVos still won’t say federal law prohibits them from discriminating against LGBT students.

DeVos on Tuesday referred generally to rules under federal law in a testy exchange on whether she’d speak out against anti-LGBT discrimination in charter schools with Sen. Jeff Merkley (D-Ore.), who said the statute in this area is “somewhat foggy.”

Although DeVos acknowledged charter schools aren’t eligible for U.S. government money if they violate federal laws against discrimination, she dodged when asked specifically if charter schools under her plan would be able to discriminate against LGBT students.

“I said it before and I’ll say it again that schools that receive federal funds must follow federal law,” said DeVos, who’s promoting a Trump administration plan that calls for a $250 million increase in school voucher funds.

When Merkley insisted federal law is foggy and pressed DeVos again on whether anti-LGBT discrimination would be allowed under her proposal, she said, “On areas where the law is unsettled, this department is not going to be issuing decrees. That is a matter for Congress and the courts.”

Merkley interrupted to seek clarification, but DeVos would only repeat her deference to Congress and the U.S. Supreme Court when the law is unclear.

Visibly frustrated, Merkley said he interprets DeVos’ response to mean “where it’s unsettled, such discrimination will continue to be allowed under your program,” adding if that interpretation is incorrect, she should make a correction in the record.

Asked the same question as it pertains to discrimination against students on the basis of religion, DeVos’ response was no different.

“Again, for schools that receive federal funds, federal law must be followed,” DeVos said.

When Merkley demanded DeVos answer the question as it pertains to religious discrimination against students, she said, “Schools that receive federal funds will follow federal law. Period.”

The Oregon Democrat rebuked DeVos for a response he said is too vague.

“You’re refusing to answer the question,” Merkley said. “I think that’s very important for the public to know that today the secretary of education before this committee refused to affirm that she would put forward a program that bans discrimination based on LGBTQ status of students or bans discrimination based on religion.”

DeVos protested Merkley’s characterization of her words, denying her response indicated any support for allowing discrimination in charter schools.

“Sir, that’s not what I said,” DeVos said. “That’s not what I said. Discrimination in any form is wrong. I don’t support discrimination in any form.”

Merkley asked for a yes-or-no answer on whether DeVos’ program bans discrimination, the education secretary replied, “What program are you talking about?” Merkley said it was her charter and private school grant proposals, prompting DeVos to repeat her previous response.

“As I said before, and let me say it again, schools that receive federal funds need to follow federal law. Period,” DeVos said.

Interrupting DeVos, Merkley concluded, “You said the same thing 10 times without answering the question at all.”

Although she wouldn’t say federal law bars discrimination against LGBT students, DeVos’ general repudiation of discrimination in any form is different from an earlier exchange with Rep. Katherine Clark (D-Mass.). At the time, DeVos wouldn’t denounce discrimination in any capacity when asked about anti-LGBT or racial discrimination in charter schools.

Denouncing DeVos for her response was Sarah Kate Ellis, CEO of GLAAD, who said in a statement the secretary’s words were leaving LGBT students out in the cold.

“By once again turning a blind eye to LGBTQ students who experience discrimination in school, Secretary DeVos continues to prove why she was the wrong choice to lead our nation’s education system,” Ellis said. “DeVos once claimed she was an LGBTQ ally, but has now supported back to back policies that would erase LGBTQ students from classrooms. If she wants to be known as more than an anti-LGBTQ activist the time is now to reverse course.”

Federal law doesn’t explicitly ban anti-LGBT discrimination, but it does bar sex discrimination. Courts are increasingly interpreting those laws to prohibit discrimination on the basis of sexual orientation and gender identity. That’s likely what Merkley meant when he said existing federal law on the issue is “somewhat foggy.”

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.

The Obama administration had issued guidance making clear Title IX precludes schools from barring transgender students from the restroom consistent with their gender identity, but DeVos along with U.S. Attorney General Jeff Sessions revoked it at the start of the Trump administration. Media reports indicated DeVos resisted that move and she later met with LGBT groups and transgender students at the Education Department.

Vanita Gupta, CEO of the Leadership Conference on Civil & Human Rights, said she’s “glad to hear” DeVos opposes discrimination, but called for action.

“Words alone are insufficient,” Gupta said. “She must use her authority as secretary to make that prohibition and those protections for students real. The department must also proactively support schools to prevent discrimination and intervene when the law is broken. This can’t just be about talk; students need and deserve action.”

Merkley is lead sponsor in the Senate of the Equality Act, comprehensive legislation that would make explicit a ban on anti-LGBT discrimination in every area of civil rights law, including education.

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Florida

Key West Pride’s state funding pulled

Republican Fla. Gov. Ron DeSantis signed anti-DEI bill

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(Photo by Miami2you via Bigstock)

Following the passage of anti-DEI legislation in Florida, Key West will no longer receive any state funding for its future Pride events.

In a letter provided to the Key West Business Guild, the LGBTQ visitor and tourism center for the string of islands, a senior assistant county attorney for Monroe County officially said that the organization would no longer receive funding for its ongoing projects as a result of Senate Bill 1134 and House Bill 1001, starting in 2027.

The popular Key West Pride, gay men–leaning Tropical Heat weekend, and Womenfest will no longer receive any state money. This is something that Gay Key West Visitor Center Executive Director Rob Dougherty highlighted will shift how all the largest LGBTQ events in the Keys will be held after this year.

He said that the explanation is solely a result of SB 1134 and HB 1001, which limits the official actions of local governments by “prohibiting counties and municipalities, respectively, from funding or promoting or taking official action as it relates to diversity, equity, and inclusion …”

The legislation is being used to impose restrictions on funding events that exclude — whereas the events’ true purpose is to uplift already marginalized groups.

“Womenfest lost it [funding] because it’s a women’s-only event. Tropical Heat lost it because it’s a men’s-only event … that’s how this is being applied.”

This will not impact anything this year, Dougherty assured the Washington Blade; however, the future is not as certain.

“The law that (Republican Florida) Gov. DeSantis signed does not go into effect until Jan. 1, so for 2026 we’re okay,” Dougherty told the Blade. “But it impacts Key West Pride 2027, it impacts Tropical Heat 2027 and Womenfest — so we have lost all funding for those three events.”

He said that this will amount to a large chunk of the expected funding for the LGBTQ celebrations, which the Key West tourism board says is “internationally known as a gay mecca.”

“We’re due to lose about $200,000. Not all of that is direct, but the way that the Tourist Development Council (TDC) distributes their money, about $75,000 of it is for Key West Pride, and that helps to pay for things like marketing, swag, and other things that promote the event.”

He went on to explain that marketing to many major metropolitan areas with large LGBTQ populations may not see the same Key West advertisements and push as in years past — and that is the point.

“Our digital marketing, our print marketing, our SEO marketing — all of that is paid for through there, and it targets places with direct flights like Washington, D.C., New York, Philly, Atlanta, Dallas. So it’s definitely going to impact that.”

The money that will stop coming is not just to run events and celebrations, he explained. Money that goes back directly into the community is going to be hardest hit.

“An estimated 250,000 LGBTQ+ travelers make it to Key West on an annual basis, and on a very conservative basis, for every LGBTQ+ person there are two to four allies traveling with the same values.”

“The TDC also estimates that $1,500+ is spent per person per visit … so if you take those figures and multiply those all together, it comes up to about $1.2 billion … that is potentially going to be lost.”

He says that this will intrinsically change how Key West’s tourism — especially the large LGBTQ side of it — will run, especially since gay vacations need a foundation and expectation of safety and support to blossom.

“We travel based upon where we feel most welcome,” Dougherty said. “Key West has always been its own little place … the LGBTQ+ history of Key West and everything about Key West has always been a little bit weird for people, and that’s why they come here.”

The Guild was formed in 1978 to encourage summer tourism and support Key West’s gay community — becoming the nation’s first LGBTQ destination marketing organization. It has grown tremendously from its original membership to now include more than 475 enterprises representing virtually every facet of the island’s business community.

He also went on to say that this should be eye-opening for anywhere considered an LGBTQ destination, regardless of whether it is in a blue state or a red one.

“I think it can be a wake-up call across the country, because if it can happen here, it can happen anywhere.”

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Federal Government

DOE investigates Smith College’s trans-inclusive policy

Mass. college accused of violating Title IX

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The Department of Education building in Washington, D.C.

The U.S. Department of Education announced on Monday that it opened an investigation into Smith College for admitting transgender women.

Smith College, a private and famously all-women’s college in Northampton, Mass., established in 1871 and opened in 1875, has a long list of women who make up its historic alumni — including first ladies, influential political figures, and cultural leaders.

The DOE released a statement about the investigation into the institution through the Department’s Office for Civil Rights, saying it was looking into the possibility that Title IX of the Education Amendments of 1972 was violated by allowing trans women, referred to in the statement as “biological males,” into women’s intimate spaces protected by IX.

The statement explicitly highlighted that this stems from trans women being granted “access to women-only spaces, including dormitories, bathrooms, locker rooms, and athletic teams” while also allowing their audience into the school itself.

This is the first time the Trump-Vance administration has taken a step into admissions processes, a stark jump past investigating policies that allowed trans women to participate in women’s sports and use women’s bathrooms, and allows for the administration to go more after trans acceptance policy as a whole.

Smith’s admission policy allows for “any applicants who self-identify as women,” including “cis, trans, and nonbinary women,” according to the college’s website, and has since 2015, when it updated its policy.

“The college is fully committed to its institutional values, including compliance with civil rights laws,” Smith’s statement in response to the DOE’s investigation said. “The college does not comment on pending government investigations.”

“An all-women’s college loses all meaning if it is admitting biological males,” said Assistant Secretary for Civil Rights Kimberly Richey. “Allowing biological males into spaces designed for women raises serious concerns about privacy, fairness, and compliance under federal law. The Trump administration will continue to uphold the law and fight to restore common sense.”

This move continues to align with actions the Trump-Vance administration has taken to curtail LGBTQ — and specifically trans — rights in America, as members of the administration attempt to break down safeguards and protections that have long been used to protect marginalized communities.

Since Trump took office in his second term, there have been significant legal challenges. According to the National LGBTQ+ Bar Association, there are over 35 court cases that have emerged since his second swearing-in that directly relate to the administration’s attempts to minimize the rights and protections of trans Americans — from medical care and educational protections to military policy.

Much of this anti-trans policy direction was outlined beginning in 2022 with the Project 2025 playbook, which Trump officials have used as a guide to scale back protections for LGBTQ people, Black Americans, poor and Indigenous communities, while also increasing costs for lower-income Americans and providing tax cuts to the wealthy and ultra-wealthy. The plans also “erode” Americans’ freedoms and remove crucial checks and balances that have allowed the executive branch to remain in line with the Constitution without becoming too powerful over either the courts or the legislative branch.

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Ukraine

Ukrainian MPs advance new Civil Code without protections for same-sex couples

Advocacy groups say proposal would ‘contradict European standards’

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A Pride commemoration in Kharkiv, Ukraine, on Sept. 25, 2022. The country’s MPs have advanced a proposed new Civil Code without legal protections for same-sex couples. (Photo courtesy of Sphere Women's Association)

Ukrainian lawmakers have advanced a proposed new Civil Code that does not contain legal protections for same-sex couples.

The Kyiv Independent reported the proposal passed on its first reading on April 28 by a 254-2 vote margin.

The newspaper notes more than two dozen advocacy groups in a statement said some of the proposed Civil Code’s provisions “contradict European standards” and “violate Ukraine’s commitments under its EU accession process.”

“The most worrying provisions are those that make it impossible for a court to recognize the existence of a family relationship between people of the same sex,” the statement reads. “This overturns the already established case law on this issue, and closes the only legal avenue that allows partners to somehow protect their rights in individual cases.”

“Moreover, the draft completely ignores the obligations that Ukraine should have already fulfilled as part of its accession to the EU, as it lacks provisions that would allow people of the same sex to register their relationships,” it adds.

“The provisions also stipulate that all marriages concluded by people who have changed their gender automatically become invalid,” the statement further notes. “This is not just stagnation in the field of human rights or lack of progress on the path to European integration, but an actual setback in the legal sphere.”

Olena Shevchenko, chair of Insight, a Ukrainian LGBTQ advocacy group, in an April 28 Facebook post said the new Civil Code “is a step back on upholding the rights of women and the LGBT+ community in Ukraine.”

The Ukrainian constitution defines marriage as between a man and a woman.

President Volodymyr Zelenskyy in 2022 publicly backed civil partnerships for same-sex couples. 

The Ukrainian Supreme Court on Feb. 25 recognized Zoryan Kis and Tymur Levchuk — a gay couple who has lived together since 2013 and married in the U.S. in 2021 — as a family. Ukraine the day before marked four years since Russia began its war against the country.

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