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Rep. Wexton leads congressional effort against HUD’s anti-trans rule

HUD says shelter can spot transgender woman by Adam’s apple

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Rep. Jennifer Wexton (D-Va.) is leading a congressional effort against HUD’s anti-trans rule. (Washington Blade file photo by Michael Key)

Rep. Jennifer Wexton (D-Va.) is leading a group of congressional lawmakers in formal comments against a proposed Trump administration rule allowing homeless shelters to refuse to accept transgender people consistent with their gender identity.

The bicameral congressional letter in opposition to the anti-trans rule change proposed by the Department of Housing & Urban Development under Secretary Ben Carson has been signed by 122 House members and 23 senators.

ā€œIt is absolutely shameful that in the midst of a pandemic and with a record number of Americans unemployed, when access to safe housing is more important than ever, the administration is focused on attacking the basic rights of transgender Americans,ā€ Wexton said Thursday in a Zoom call with reporters.

Formally made public July 24 in the Federal Register, the proposed rule allows homeless shelters with single-sex facilities to place transgender people consistent with sex assigned at birth, rather than gender identity.

The proposal downplays the idea such actions would be discriminatory by setting up a referral system: Single-sex homeless shelters can send transgender people to other shelters, for these single-sex shelters to house transgender people according to sex assigned at birth.

As pointed out by Katelyn Burns at Vox, the proposed rule has detailed language to aid homeless shelters in determining whether an individual is transgender, such as making assumptions based on ā€˜heightā€™, ā€˜facial hairā€™ and whether or not they have ā€˜an Adamā€™s apple.ā€™

Rep. Mike Quigley (D-Ill.) said on the conference call Carson years ago promised only delays in implementing an Obama-era rule against anti-transgender discrimination in homeless shelters, but then reversed himself by saying changes are coming, just being withheld, because members of Congress won’t like them.

ā€œSecretary Carsonā€™s words proved prophetic as under his and President Trumpā€™s leadership, the administration moved to completely gut core housing discrimination protections, such as HUDā€™s disparate impacts and affirmative fair housing rules,ā€ Quigley said. ā€œThat wasnā€™t enough. HUD has announced a new proposed rule that would enable shelters to discriminate against trans individuals based on shelter staff suspect an individualā€™s biological sex may be different from the way they self-identify.ā€

The proposed rule also disregards the U.S. Supreme Courtā€™s recent decision in Bostock v. Clayton County, which determined anti-transgender discrimination is a form of sex discrimination, thus illegal in the workplace under Title VII of the Civil Rights Act of 1964. The rule has applications to all federal laws against sex discrimination, including the Fair Housing Act.

HUD justifies the legality of the proposed rule by asserting homeless shelters arenā€™t under the purview of the Fair Housing Act, although one legal expert said on the conference call that analysis is incorrect.

Sasha Buchert, senior attorney with Lambda Legal, said the proposed rule is ā€œon very shaky legal groundā€ not just because of the Supreme Court decision, but also rulings from appellate courts, state and local measures against anti-trans discrimination and questions under the U.S. Constitution.

ā€œIf you spend five minutes going through the case law, courts apply a case-by-case analysis when deciding whether or not the Fair Housing Act applies to shelters,ā€ Buchert said. ā€œItā€™s a legal question as to whether theyā€™re considered dwellings, and there are at least two circuit courts that have held that shelters are considered dwellings under the Fair Housing Act, and therefore subject to that, so their analysis is just wrong.ā€

The Trump administration has previously disregarded public comments against anti-transgender policy. HHS made final a rule under Section 1557 of the Affordable Care Act enabling health care providers and insurance companies to refuse service to transgender people despite more than 120,000 comments in opposition to the proposal.

Wexton, nonetheless, said public comments against HUD’s anti-trans rule are still important for other reasons.

ā€œPublic comment is always important because even if itā€™s ignored by the administration, it is something that can be pointed to in the lawsuit that will inevitably arise out of this rulemaking to not be allowed to go forward,ā€ Wexton said. ā€œIt is important that the public be heard and make sure that people make their voices known that they object to this discriminatory rule.ā€

In terms of legislative actions against the proposed rule, Wexton cited legislation she sponsors called the Ensuring Equal Access to Shelter Act, which she said has passed the House Financial Services Committee, but has yet to come up for a floor vote.

Quigley said legislation that would defund the rule is also part of pending T-HUD appropriations legislation, but that hasnā€™t obtained a vote in the Senate, nor is it clear whether President Trump would sign it into law.

Rep. Mary Gay Scanlon (D-Pa.) said on the conference call the Equality Act ā€” which has passed the House, but has been bottled up in the Senate ā€” would also reaffirm discriminatory measures against transgender people in housing are illegal.

ā€œHere we are, 430 days since the House passed the Equality Act, and this rule is just one more demonstration of why we need [Senate Majority Leader] Mitch McConnell to take it up and we need to push it through the Senate,ā€ Scanlon said.

Publication of the proposed rule in the Federal Register officially started the clock for a 60-day comment period. Assuming the Trump administration sticks with the measure as proposed, it’s expected to be made final in the fall.

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Congress

Sens. Butler, Smith introduce Pride in Mental Health Act to aid at-risk LGBTQ youth

Bill is backed by Democrats in both chambers

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U.S. Sen. Laphonza Butler (D-Calif.) speaks at the International LGBTQ Leaders Conference on Nov. 30, 2023. (Washington Blade photo by Michael Key)

U.S. Sens. Laphonza Butler (D-Calif.) and Tina Smith (D-Minn.) introduced the Pride in Mental Health Act on Thursday, legislation that would strengthen resources in mental health and crisis intervention for at-risk LGBTQ youth.

ā€œAccessing mental health care and support has become increasingly difficult in nearly every state in the country,ā€Ā said Butler, who is the first Black LGBTQ senator. ā€œBarriers get even more difficult if you are a young person who lacks a supportive community or is fearful of being outed, harassed, or threatened.”

“I am introducing the Pride in Mental Health Act to help equip LGBTQ+ youth with the resources to get the affirming and often life-saving care they need,” she said.

ā€œMental health care is health care,” said Smith. “And for some LGBTQ+ youth, receiving access to the mental health care they need can mean the difference between living in safety and dignity, and suffering alone through discrimination, bullying, and even violence.ā€Ā 

The Minnesota senator added that data shows LGBTQ students are experiencing “an epidemic” of “anxiety, depression and other serious mental health conditions.”

For example, a 2023 study by The Trevor Project found that 54 percent of LGBTQ youth reported symptoms of depression, compared to 35 percent of their heterosexual counterparts.

Joining the senators as cosponsors are Democratic U.S. Sens. Ed Markey (Mass.), Bob Casey (Penn.), Peter Welch (Vt.), Alex Padilla (Calif.), Jeff Merkley (Ore.), Cory Booker (N.J.), and Tammy Baldwin (Wis.). Baldwin was the first LGBTQ woman elected to the House in 1999 and the first LGBTQ woman elected to the Senate in 2013.

Leading the House version of the bill are LGBTQ Democratic U.S. Reps. Sharice Davids (Kan.), Eric Sorensen (Ill.), and Ritchie Torres (N.Y.), along with 163 other House members.

Organizations that have backed the Pride in Mental Health Act include the Human Rights Campaign, GLSEN, American Academy of Pediatrics, National Education Association (NEA), National Center for Transgender Equality, Seattle Indian Health Board, PFLAG National, The Trevor Project, American Psychological Association, Whitman-Walker Institute, InterACT: Advocates for Intersex Youth, National Alliance on Mental Illness, American Federation of Teachers (AFT), Mental Health America, and Center for Law and Social Policy.

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District of Columbia

D.C. mayorĀ honors 10th anniversary of Team Rayceen Productions

LGBTQ entertainment, advocacy organization praised for ā€˜vital workā€™

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Rayceen Pendarvis co-founded Team Rayceen Productions. (Washington Blade photo by Michael Key)

D.C. Mayor Muriel Bowser today issued an official proclamation declaring Monday, March 18, 2024, as Team Rayceen Day in honor of the local LGBTQ entertainment and advocacy organization Team Rayceen Productions named after its co-founder Rayceen Pendarvis.

ā€œWhereas Rayceen, along with Team Rayceen Productions co-founder, Zar, have spent 10 years advocating for the Black LGBTQI+ community using various forms including in-person events, social media, and YouTube,ā€ the proclamation states.

The proclamation adds that through its YouTube Channel, Team Rayceen Productions created a platform for ā€œBlack LGBTQIA+ individuals to discuss various topics including spotlighting nonprofit organizations and small businesses, voter registration and participation, the state of LGBTQIA+ rights and resources in D.C, gender equality and equity, and the amplification of opportunities to bring the community together.ā€

It also praises Team Rayceen Productions for its partnership with the Mayorā€™s Office of LGBTQ Affairs in helping to produce ā€œexciting events like the District of Pride talent showcase held each June and the iconic 17th Street High Heel Race celebrated in October.ā€

ā€œWhereas I thank Team Rayceen Productions for its vital and necessary work and am #DCProud to wish you all the best as you continue to support Black LGBTQIA+ residents across all 8 Wards,ā€ the proclamation continues.

ā€œNow, therefore, I, the Mayor of Washington, D.C., do hereby proclaim March 18, 2024, as TEAM RAYCEEN DAY in Washington, D.C. and do commit this observance to all Washingtonians,ā€ it concludes.

ā€œWe thank Mayor Bowser for this special proclamation, which highlights where it all began, with the Black LGBTQIA+ community of Washington, D.C,ā€ Team Rayceen Productions says in a statement. ā€œStarting with The Ask Rayceen Show, Reel Affirmation, and events with D.C. Public Library to Art All Night, Silver Pride by Whitman-Walker, and events with the Mayorā€™s Office of LGBTQ Affairs, we are #dcproud of what we have accomplished in the Nationā€™s Capital,ā€ the statement says. 

“For TEAM RAYCEEN DAY, we thank the diverse group of individuals who have made everything we have done possible by volunteering their time and talents over the past decade ā€“ as online co-hosts, event staff, performers, DJs, photographers, and more,ā€ says the statement.

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U.S. Supreme Court

Supreme Court declines to hear case over drag show at Texas university

Students argue First Amendment protects performance

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The U.S. Supreme Court justices on June 30, 2022. ((Photo by Fred Schilling of the U.S. Supreme Court)

The U.S. Supreme Court on Friday declined to hear a First Amendment case over a public university president’s refusal to allow an LGBTQ student group to host a drag show on campus.

The group’s application was denied without the justices providing their reasoning or issuing dissenting opinions, as is custom for such requests for emergency review.

When plaintiffs sought to organize the drag performance to raise money for suicide prevention in March 2023, West Texas A&M University President Walter Wendler cancelled the event, citing the Bible and other religious texts.

The students sued, arguing the move constituted prior restraint and viewpoint-based discrimination, in violation of the First Amendment. Wendler had called drag shows ā€œderisive, divisive and demoralizing misogyny,” adding that “a harmless drag show” was “not possible.”

The notoriously conservative Judge Matthew Kacsmaryk, who former President Donald Trump appointed to the U.S. District Court for the Northern District of Texas, ruled against the plaintiffs in September, writing that ā€œit is not clearly established that all drag shows are inherently expressive.”

Kacsmaryk further argued that the High Court’s precedent-setting opinions protecting stage performances and establishing that “speech may not be banned on the ground that it expresses ideas that offend” was inconsistent with constitutional interpretation based on ā€œtext, history and tradition.”

Plaintiffs appealed to the 5th U.S. Circuit Court of Appeals, which is by far the most conservative of the nation’s 12 appellate circuit courts. They sought emergency review by the Supreme Court because the 5th Circuit refused to fast-track their case, so arguments were scheduled to begin after the date of their drag show.

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