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Fears over women’s safety made wedge issue in Equality Act hearing

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From left, Ranking Member Chuck Grassley (R-Iowa) and Chair Dick Durbin (D-Ill.) at the United States Senate Committee on the Judiciary hearing for the Equality Act on Wednesday. (Washington Blade photo by Michael Key)

A Senate hearing on the Equality Act, which would expand the prohibition on discrimination under federal law, put on full display Wednesday the use of fear mongering about women’s safety and the integrity of women’s sports as a tool to thwart attempted progress on LGBTQ rights, although more traditional objections based on religious liberty also played a role.

Sen. John Kennedy (R-La.) pulled no punches during the Senate Judiciary Committee hearing — the first-ever hearing for the Equality Act in the U.S. Senate — in heightening fears about threats to women in sex-segregated spaces. 

When Abigail Shrier, a journalist who has built a career campaigning against gender transitioning for youth, was presenting testimony as an expert witness, Kennedy went straight to the locker rooms.

“Would this bill prohibit the boy with gender dysphoria from exposing his penis to the girls?” Kennedy asked.

The questioning put Shrier, who was testifying against the Equality Act, in a bind. The Equality Act does prohibit discrimination on the basis of gender identity in locker rooms, but says nothing about that particular issue and laws against lewd conduct are in place. “I’m sorry would it prohibit that?”

When Kennedy repeated the questions, Shrier replied, “I don’t believe the bill addresses genitalia.” Kennedy went to ask her if it prohibits them from dressing together. “No,” Shrier replied. “Would this bill prohibit them from showering together?” “No.” Kennedy then asked about boys being able to access girls’ sports.

“He wouldn’t have to have gender dysphoria,” Shrier said. “Anyone who says they’re a girl at any time under this bill, they don’t have to be transgender-identified, they don’t have to have gender dysphoria.”

Kennedy said he had intended to get to that point and asked her if the Equality Act would require schools to allow boys with gender dysphoria to compete in girls’ sports. Shrier replied, “Yes, anyone who identifies as a woman.”

Sen. Charles Grassley (R-Iowa), top Republican on the committee, brought up a specific incident in Connecticut where transgender girls were allowed to compete in a girls track event. Grassley named one of the girls who filed a complaint over the situation, Chelsea Mitchell, as he displayed images of three girls involved behind him.

“Many women and girls before her fought for legal protections under Title IX, which recognizes that sex specific distinctions are appropriate in some instances,” Grassley said. “As a father, grandfather and husband, I have celebrated the athletic successes of talented young women in my own family, so I am deeply concerned about this act’s potential negative implications for all girls and women in sports.”

The Equality Act says nothing about sports, but would prohibit discrimination against transgender people in education and federally funded programs. It should be noted the ruling last year from the U.S. Supreme Court in Bostock v. Clayton County, which found anti-LGBTQ discrimination is an illegal form of sex discrimination, has broad applications, including for Title IX of the Education Amendment of 1972, which bars discrimination on the basis of sex in sports. As a result, refusing to allow transgender kids in sports would likely already be illegal.

Fears of the impact of LGBTQ rights advances on religious practices also came up during the hearing. Sen. Mike Lee (R-Utah), for example, raised a question about whether churches that conduct services with members of the congregation divided by sex would be liable as a public accommodation under the Equality Act.

Mary Rice Hasson, a fellow in Catholic Studies at the Ethics & Public Policy Center, served as a Republican witness and maintained churches could be held liable under the Equality Act “by expanding public accommodations to mean wherever Americans gather, even virtually.”

“Compromise your religious beliefs or risk endless litigation,” Hasson said. “Recipients of federal funds are also targeted, even for the simple act of maintaining sex segregated bathrooms.”

HRC President Alphonso David, responding to an earlier question from Sen. Richard Durbin (D-Ill.), contested the idea that churches would be liable, which would be consistent with the religious exemption the Equality Act would retain under the Civil Rights Act of 1964.

“The Equality Act does not affect how religious institutions function,” David said. “That is very different than institutions that actually provide public accommodations, institutions that are open to the public and are providing goods and services to the public.”

A major issue of contention was a provision of the Equality Act that would preclude the use of the 1993 Religious Freedom Restoration Act, a law intended to protect religious minorities, as a potential legal defense in cases of discrimination. Scolding Republican critics who indicated the Equality Act would gut RFRA, Sen. Richard Blumenthal (D-Conn.) said the bill does nothing of the sort, but Sen. Josh Hawley (R-Mo.) shot back there was “an explicit carve out in the Equality Act for RFRA.”

“I’m aware of no other law that seeks to shred RFRA in this way, and the effect of it basically is that churches, religious ministries, Christian colleges and universities, they’ll be unable to pursue their missions, particularly if they involve service to the poor, service to the needy,” Hawley said.

During a hearing in which Democratic members of the committee largely focused on their witnesses and Republicans stuck with theirs, Kennedy was an exception and asked David if there are more than two sexes. David initially deferred to medical experts and noted sex and gender can be different concepts, but then concluded “it’s not limited to two,” citing for example people who are intersex.

Shrier made an attempt during the hearing to qualify her opposition to the Equality Act, saying her opposition is based on potential consequences of the bill on women’s safety.

“If S. 393 merely proposed to extend employment, and public housing rights to gay and transgender Americans, I would be supporting this bill, instead of testifying against it,” Shrier said. “I am here today because the bill does much more, and no one who wrote it appears to have thoughtfully considered what it would mean for women and girls.”

Tillis open to ‘compromise’ on LGBTQ rights

Despite the issues raised by Republicans, one key moment came when Sen. Thom Tillis (R-N.C.), whose vote would be key to reaching the 60-vote threshold to end a Senate filibuster on the Equality Act, appeared to make a good faith effort to reach across the aisle.

“On the one hand, we have the fact that even in 2021, our LGBTQ friends, family, neighbors, still face discrimination from employment to healthcare to housing to homelessness among LGBTQ youth is a very real problem with discrimination,” Tillis said. “I think it’s wrong, in any aspect. But on the other hand, we have millions of Americans who are people of faith who have serious and legitimate issues of conscience.”

Although Tillis said the Equality Act “falls short of the goal” he seeks in addressing both sides, he added he’s “open to finding a compromise.” The last committee member to ask questions during the hearing, Tillis also lamented members of the committee “were talking past one another” about their concerns without coming closer to an ultimate conclusion.

Two issues that appeared to concern Tillis were the provision in the Equality Act against use of RFRA in cases of discrimination and whether the Equality Act’s ban on LGBTQ discrimination in federally funded programs would require prisons to house transgender women consistent with their gender identity. Tillis posed a question on whether a male serial rapist could say he identified as a woman and be allowed in women’s prisons; Shrier said that “absolutely” would be the case.

Meanwhile, proponents of the Equality Act continued to make their case for the bill based on its general objectives, to ban anti-LGBTQ discrimination in all aspects of public life.

Durbin, kicking off the committee hearing, displayed a video highlighting milestones in the LGBTQ movement, including the election of Harvey Milk and the swearing-in of Pete Buttigieg, as well as media coverage on passage in the U.S. House of the Equality Act.

“Unfortunately, some opponents have chosen to make exaggerated claims about what the Equality Act would do,” Durbin said. “Let me be clear, those of us working to pass this legislation are open to good faith constructive suggestions on further improvement and strengthening the bill. In fact, that’s why we’re having this hearing, but many of the texts on this bill are nothing more than the latest in a long, long, long line of fear mongering targeting the LGBTQ community.”

Stella Keating, a 16-year-old student from Tacoma, Wash., made the case for the Equality Act as a witness in the simplest way possible: Introducing herself as a transgender person.

“Hi, I’m Stella, and I’m transgender,” Keating said, “I’m here before you today, representing the hundreds of thousands of kids, just like me who are supported and loved by their family, friends, and communities across the country.”

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The White House

Trump-Vance administration ‘has dismantled’ US foreign policy infrastructure

Current White House took office on Jan. 20, 2025

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President Donald Trump took office on Jan. 20, 2025. (Public domain photo courtesy of the White House's X page)

Jessica Stern, the former special U.S. envoy for the promotion of LGBTQ and intersex rights, on the eve of the first anniversary of the Trump-Vance administration said its foreign policy has “hurt people” around the world.

“The changes that they are making will take a long time to overturn and recover from,” she said on Jan. 14 during a virtual press conference the Alliance for Diplomacy and Justice, a group she co-founded, co-organized.

Amnesty International USA National Director of Government Relations and Advocacy Amanda Klasing, Human Rights Watch Deputy Washington Director Nicole Widdersheim, Human Rights First President Uzra Zeya, PEN America’s Jonathan Friedman, and Center for Reproductive Rights Senior Federal Policy Council Liz McCaman Taylor also participated in the press conference.

The Trump-Vance administration took office on Jan. 20, 2025.

The White House proceeded to dismantle the U.S. Agency for International Development, which funded LGBTQ and intersex rights organizations around the world.

Thousands of people on Feb. 5, 2025, gathered outside the U.S. Capitol to protest the Trump-Vance administration’s efforts to dismantle the U.S. Agency for International Development. (Courtesy photo)

Secretary of State Marco Rubio last March announced the State Department would administer the 17 percent of USAID contracts that had not been cancelled. Rubio issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during the U.S. foreign aid freeze the White House announced shortly after it took office.

The global LGBTQ and intersex rights movement has lost more than an estimated $50 million in funding because of the cuts. The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to suspend services and even shut down.

Stern noted the State Department “has dismantled key parts of foreign policy infrastructure that enabled the United States to support democracy and human rights abroad” and its Bureau of Democracy, Human Rights, and Labor “has effectively been dismantled.” She also pointed out her former position and others — the Special Representative for Racial Equity and Justice, the Ambassador-at-Large for Global Women’s Issues, and the Ambassador-at-Large for Global Criminal Justice — “have all been eliminated.”

President Donald Trump on Jan. 7 issued a memorandum that said the U.S. will withdraw from the U.N. Entity for Gender Equality and the Empowerment of Women and more than 60 other U.N. and international entities.

Rubio in a Jan. 10 Substack post said UN Women failed “to define what a woman is.”

“At a time when we desperately need to support women — all women — this is yet another example of the weaponization of transgender people by the Trump administration,” said Stern.

US ‘conducting enforced disappearances’

The Jan. 14 press conference took place a week after a U.S. Immigration and Customs Enforcement agent killed Renee Good, a 37-year-old woman who left behind her wife and three children, in Minneapolis. American forces on Jan. 3 seized now former Venezuelan President Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital, during an overnight operation. Trump also continues to insist the U.S. needs to gain control of Greenland.

Colombians protest against U.S. President Donald Trump in Plaza Bolívar in Bogotá, Colombia, on Jan. 7, 2026. (Washington Blade photo by Michael K. Lavers)

Widdersheim during the press conference noted the Trump-Vance administration last March sent 252 Venezuelans to El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT.

One of them, Andry Hernández Romero, is a gay asylum seeker who the White House claimed was a member of Tren de Aragua, a Venezuelan gang the Trump-Vance administration has designated as an “international terrorist organization.” Hernández upon his return to Venezuela last July said he suffered physical, sexual, and psychological abuse while at CECOT.

“In 2025 … the United States is conducting enforced disappearances,” said Widdersheim.

Zeya, who was Under Secretary of State for Civilian Security, Democracy, and Human Rights from 2021-2025, in response to the Blade’s question during the press conference said her group and other advocacy organizations have “got to keep doubling down in defense of the rule of law, to hold this administration to account.”

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Greenland

The Greenland lesson for LGBTQ people

Playbook is the same for our community and Europeans

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(Photo by Maridav/Bigstock)

I understand my own geopolitical limits and don’t pretend to know how Europeans should respond to U.S. threats to seize Greenland or retaliate against anyone who opposes them. However, as I mentioned in March, it’s clear that for Europeans and LGBTQ+ people alike, hug-and-kiss diplomacy is over.

In practice, that means responding to the U.S. administration’s provocations with dialogue, human‑rights rhetoric, and reasoning may now be counterproductive. It looks weak. At some point, Europeans will have to draw a line and show how bullying allies and breaking international agreements carry a cost — and that the cost is unpredictable. On the surface, they have few options; like LGBTQ+ communities, they are very behind in raw power and took too long to wake up. But they still have leverage, and they can still inflict harm.​

Maybe it is time for them to call the bluff. America has a great deal to lose, not least its reputation and credibility on the world stage. Stephen Miller and Pete Hegseth, with all their bravado, obviously underestimate both the short‑ and long‑term geopolitical price of ridicule. Force the United States to contemplate sending troops into an ally’s territory, and let the consequences play out in international opinion, institutions, and markets.​

In the United States, LGBTQ+ communities have already endured a cascade of humiliations and live under constant threat of more. In 2025 our symbols and heroes were systematically erased or defaced: the USNS Harvey Milk was quietly renamed after a straight war hero, Admiral Rachel Levine’s title and image were scrubbed from official materials, Pride flags were banned from public buildings, World AIDS Day events were defunded or stripped of queer content, the Orlando memorial and other sites of mourning were targeted, the U.S. lead a campaign against LGBTQ+ language at the U.N., and rainbow crosswalks were literally ripped up or painted over. We cannot simply register our distress; we must articulate a response.​

In practice, that means being intentional and focused. We should select a few unmistakable examples: a company that visibly broke faith with us, a vulnerable political figure whose actions demand consequences, and an institution that depends on constituencies that still need us. The tools matter less than the concentration of force — boycotts, shaming, targeted campaigning all qualify — so long as crossing certain lines produces visible, memorable costs.​

A friend suggested we create what he called a “c***t committee.” I liked the discipline it implies: a deliberate, collective decision to carefully select a few targets and follow through. We need a win badly in 2026.

These thoughts are part of a broader reflection on the character of our movement I’d like to explore in the coming months. My friends know that anger and sarcasm carried me for a long time, but eventually delivered diminishing returns. I am incrementally changing these aspects of my character that stand in the way of my goals. The movement is in a similar place: the tactics that served us best are losing effectiveness because the terrain has shifted. The Greenland moment clarifies that we must have a two-pronged approach: building long-term power and, in the short term, punching a few people in the nose.

Fabrice Houdart published this column on his weekly Substack newsletter. The Washington Blade has republished it with his permission.

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District of Columbia

Sold-out crowd turns out for 10th annual Caps Pride night

Gay Men’s Chorus soloist sings National Anthem, draws cheers

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A sold-out crowd of 18,347 turned out on Jan. 17 for the 10th annual Pride Night at the Washington Capitals. (Washington Blade photo by Lou Chibbaro, Jr.)

A sold-out crowd of 18,347 turned out on Jan. 17 for the 10th annual Pride Night at the Washington Capitals hockey game held at D.C.’s Capital One Arena.

Although LGBTQ Capitals fans were disappointed that the Capitals lost the game to the visiting Florida Panthers, they were treated to a night of celebration with Pride-related videos showing supportive Capitals players and fans projected on the arena’s giant video screen throughout the game.

The game began when Dana Nearing, a member of the Gay Men’s Chorus of Washington, sang the National Anthem, drawing applause from all attendees.

The event also served as a fundraiser for the LGBTQ groups Wanda Alston Foundation, which provides housing services to homeless LGBTQ youth, and You Can Play, a nonprofit organization dedicated to advancing LGBTQ inclusion in sports.

“Amid the queer community’s growing love affair with hockey, I’m incredibly honored and proud to see our hometown Capitals continue to celebrate queer joy in such a visible and meaningful way,” said Alston Foundation Executive Director Cesar Toledo.

Capitals spokesperson Nick Grossman said a fundraising raffle held during the game raised $14,760 for You Can Play. He said a fundraising auction for the Alston Foundation organized by the Capitals and its related Monumental Sports and Entertainment Foundation would continue until Thursday, Jan. 22

Dana Nearing sings the National Anthem at the Washington Capitals Pride Night on Jan. 17. (Washington Blade photo by Lou Chibbaro, Jr.)

 A statement on the Capitals website says among the items being sold in the auction were autographed Capitals player hockey sticks with rainbow-colored Pride tape wrapped around them, which Capitals players used in their pre-game practice on the ice.

Although several hundred people turned out for a pre-game Pride “block party” at the District E restaurant and bar located next to the Capital One Arena, it couldn’t immediately be determined how many Pride night special tickets for the game were sold.

“While we don’t disclose specific figures related to special ticket offers, we were proud to host our 10th Pride night and celebrate the LGBTQ+ community,” Capitals spokesperson Grossman told the Washington Blade.

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