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Senate Dems object to removal of LGBT health data from gov’t websites

Tammy Baldwin leads lawmakers in calling for restoration of info

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Tammy Baldwin, gay news, Washington Blade

Sen. Tammy Baldwin (D-Wis.) is raising concerns about the removal of LGBT health data from websites. (Washington Blade file photo by Michael Key)

A group of 17 Senate Democrats led by Tammy Baldwin (D-Wis.) have expressed “serious concerns” with the Trump administration about the removal of LGBT health data from government websites and are calling for the restoration of the information.

In a letter to the White House dated April 12, the lawmakers decried the recently reported removal of information on LGBT health data from the Department of Health & Human Services website for the Office of Women’s Health as well as and the removal of LGBT population-based data reports from the Federal Committee of Statistical Methodology website for the Office of Management & Budget.

“We are troubled by these recent actions, which, coupled with other actions your administration has taken to restrict information for LGBT people, reveal a pattern of censorship that fosters discrimination and undermines access to evidence-based health care resources that aid millions across the country,” the senators write. “These actions could seriously compromise the health of LGBT individuals, who have less access to health care than the general population and suffer disproportionately from of a wide range of health conditions and disparities due to societal stigma and discrimination.”

According to Politico, HHS said the pages and links, some of which were first posted in 2012, were taken down as part of a routine update. However, the Sunlight Foundation, a government accountability non-profit, determined existing health topic pages do not appear to have been updated with new material and the now-missing lesbian and bisexual health content wasn’t integrated elsewhere.

The removal of LGBT information from U.S. government websites has been a consistent theme over the course of the Trump administration. As the Washington Blade has previously reported, LGBT information on U.S. government websites found during the Obama years was removed from the White House and Small Business Administration websites.

The senators pose seven questions to the White House on the removal of LGBT health data from the HHS and OMB websites.

1. Why did HHS elect to remove or change the LGBT resources on the OWH website? Why did these changes occur without providing any notice or explanation to site users or the public?
2. What plans do you have to communicate these changes to site users and the public?
3. Were these actions taken in consultation with HHS stakeholders and partners? If so, with whom, and what feedback did they provide?
4. It was reported by HHS that the OWH pages were removed as part of a routine update. However, existing health topic pages do not appear to be updated, and the missing content has not been integrated into other areas of the site, as reported by an HHS spokesperson. What efforts are being made to update the materials, and on what date will this information in its entirety be available again on the OWH website?
5. Why were policy papers and reports on sexual orientation and gender identity data collection efforts removed or rendered inaccessible from the FCSM website? What federal departments were involved in making this decision?
6. Why was the FCSM website relocated from the OMB website to the National Center for Education Statistics within the Department of Education website?
7. Will the information on sexual orientation and gender identity data collection from the former FCSM site be made available on the new website within the National Center for Education Statistics? If so, when?

In addition to seeking answers to these questions, the senators urge the White House to restore the LGBT health data to the websites.

“You have repeatedly broken your campaign promises to support and protect the LGBT community, and this latest assault on a vulnerable population could further compromise the health of more than ten million LGBT people,” the senators conclude. “We are concerned that you are putting politics ahead of science and access to evidence-based health care that is critical for millions, and so we call on you to reverse course to ensure that our federal programs serve the needs of all people.”

The Blade has placed a request in with the White House seeking comment on the letter.

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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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