News
Fears over women’s safety made wedge issue in Equality Act hearing
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.”
Israel
Activist recalls experience in Tel Aviv after Israel-Iran war began
Marty Rouse was part of Jewish Federations of North America Pride mission
A long-time activist who was in Israel last month when its war with Iran began has returned to D.C.
Marty Rouse traveled to Israel on June 6 with the Jewish Federations of North America. The 5-day mission ended the night before the annual Tel Aviv Pride parade was scheduled to take place.
Mission participants met with Israeli President Isaac Herzog and several LGBTQ activists in Tel Aviv and Jerusalem. They visited the Western Wall, the Nova Music Festival site, and Nir Oz, a kibbutz in southern Israel that is less than a mile from the country’s border with the Gaza Strip. Mission participants also visited Sderot, a city that is roughly a mile from the Hamas-controlled enclave, a veterans rehabilitation facility, a new LGBTQ health center and the Aguda: The Association for LGBTQ Equality in Israel in Tel Aviv.
Hamas militants on Oct. 7, 2023, killed upwards of 360 partygoers and kidnapped dozens more at the music festival that was taking place at a campground near Re’im, a kibbutz that is roughly 10 miles southwest of Nir Oz. The militants killed or took hostage nearly a quarter of Nir Oz’s residents. They also took control of Sderot’s police station.
Tel Aviv Deputy Mayor Chen Arieli spoke at the mission’s closing party that took place at the Sheraton Grand, a hotel that overlooks Tel Aviv’s beachfront, on June 12.
Rouse and other mission participants planned to stay in Tel Aviv for the Pride parade, which was scheduled to take place the following day. He and Gordie Nathan, another mission participant who lives in Palm Springs, Calif., had checked into a nearby hotel that was less expensive.
“We said our farewells,” recalled Rouse when he spoke with the Washington Blade in D.C. on June 24. “We went to our hotels, and we get the warning, and then all hell broke loose.”
Israel early on June 13 launched airstrikes against Iran that targeted the country’s nuclear and military facilities.
Rouse said mission organizers told him and other participants who remained in Tel Aviv to meet at the Sheraton Grand for breakfast and dinner — Israel’s airspace was closed in anticipation of an Iranian counterattack, and authorities cancelled the Pride parade.
He said he went to bomb shelters at least twice a night for three nights.
Israel’s Home Front Command during the war typically issued warnings about 10 minutes ahead of an anticipated Iranian missile attack. Sirens then sounded 90 seconds before an expected strike.
Rouse and Nathan walked to the Sheraton Grand on June 13 when the Home Front Command issued a 10-minute warning. They reached the hotel in a couple of minutes, and staff directed them to the bomb shelter.
“You know to walk slowly, everything’s fine,” recalled Rouse. “You get 10 minutes, so everything was fine when the alarm goes off.”
Rouse described the Sheraton Grand shelter as “well lit” with WiFi, a television, and air conditioning. He was watching an Israeli television station’s live coverage of the Iranian missile attack when he saw one hit an apartment building in the Tel Aviv suburb of Ramat Gan.
A 74-year-old woman died and her boyfriend was seriously injured.
“I go over to look at the TV, just to watch,” recalled Rouse. “All of a sudden, you watch, and you see one bomb go and land and explode in Tel Aviv on TV. It landed and blew up.”
“I was like, okay, this is real, and so that was scary,” he added.
Rouse said the bomb shelter in the hotel where he and Nathan were staying after the mission ended was far less comfortable.
“It was dark. It was humid. It was hot. It was very uncomfortable,” said Rouse. “You really felt alone.”
Rouse and nearly everyone else on the mission who were in Tel Aviv when the war began left Israel on June 15. They boarded buses that took them to the Jordanian capital of Amman, which is a roughly 2 1/2-hour drive from Tel Aviv through the West Bank.
Rouse described the trip as “like a field trip” until they drove across the Jordan River and arrived at the Jordanian border crossing.
“You walk into this room, and instead of being in a well air-conditioned airport, you’re in this hot, humid, small place in the middle of the desert, packed with people, and those big, large, loud fans and pictures of military people on the walls,” he said. “It was almost like a Casablanca kind of feeling.”
Rouse said Jordanian authorities brought mission participants through customs in groups of 10. A Jewish Federations of North America liaison from Amman who previously worked as a tour guide for A Wider Bridge — a group that “advocates for justice, counters LGBTQphobia, and fights antisemitism and other forms of hatred” — went “behind closed doors” to ensure everyone was able to enter the country.
“It took a really long time,” Rouse told the Blade.
Mission participants arrived in Amman a short time later. They checked into their hotel and then had dinner at a restaurant.
“Now we feel like we’re safe and we’re in Amman,” recalled Rouse. “We’re sitting outside having a beautiful dinner.”
Iranian missiles passed over Amman shortly after Rouse and the other mission participants had begun to eat their dessert. They went inside the restaurant, and waited a few minutes before they boarded busses that brought them back to their hotel.
“No one was openly freaking out, which I was surprised by,” said Rouse.
The group was scheduled to fly from Amman to Cairo at 11 p.m. local time (4 p.m. ET) on June 16. They visited Jerash, an ancient city north of Amman, before their flight left Jordan.
“[The Jerash trip] actually took our minds off of everything,” said Rouse.
A Jewish Federations of North America contact met Rouse and the other mission participants at Cairo’s airport once their flight landed. Rouse arrived at JFK Airport in New York on June 17.
Trump-announced ceasefire ended 12-day war
President Donald Trump on June 23 announced a ceasefire that ended the 12-day war.
The U.S. three days earlier launched airstrikes that struck three Iranian nuclear sites. The ceasefire took effect hours after Iran launched missiles at a U.S. military base in Qatar.
Iran said the war killed more than 900 people in the country.
The Associated Press notes Iranian missiles killed 28 people in Israel. One of them destroyed Tel Aviv’s last gay bar on June 16.
The war took place less than two years after Oct. 7.
The Israeli government says Hamas militants on Oct. 7, 2023, killed roughly 1,200 people on that day when it launched its surprise attack on the country. The militants also kidnapped more than 200 people.
The Hamas-controlled Gaza Health Ministry says Israeli forces have killed nearly 55,000 people in the enclave since Oct. 7. Karim Khan, the International Criminal Court’s chief prosecutor, has said Israeli Prime Minister Benjamin Netanyahu and former Hamas leader Yahya Sinwar, who the IDF killed last October, are among those who have committed war crimes and crimes against humanity in Gaza and Israel.
Rouse upon his return to the U.S. said he “was never as aware of the comfort of another human being than I was during that time.” Rouse affectionately called Nathan his “bomb shelter boyfriend” and even questioned the way he reacted to the missile alerts.
“He’s sitting on the edge of the bed and he goes, okay, I’m going to put on my socks and my shoes, and I say, really? You’re going to put on your socks,” Rouse told the Blade. “The fact that I was nervous, that putting on socks might have changed the direction of our lives, to me was like I can’t believe I said that to him.”
Rouse quickly added Nathan helped him remain calm.
“If I was by myself, those nights would have been long enough,” said Rouse. “It’s a totally different feeling to be with another human that you know than to be by yourself.”
Rouse also praised the Jewish Federations of North America.
“JFNA really sprung into action and started to figure out all options to get us all safely home,” said Rouse. “It was all about logistics. Staff worked around the clock identifying and then mobilizing to get us back to the states. It was a great team effort and I know I speak for everyone in expressing our deep appreciation for their dedication to getting us safely home.”
Congress
Congress passes ‘Big, Beautiful Bill’ with massive cuts to health insurance coverage
Roughly 1.8 million LGBTQ Americans rely on Medicaid
The “Big, Beautiful Bill” heads to President Donald Trump’s desk following the vote by the Republican majority in the U.S. House of Representatives Thursday, which saw two nays from GOP members and unified opposition from the entire Democratic caucus.
To partially offset the cost of tax breaks that disproportionately favor the wealthy, the bill contains massive cuts to Medicaid and social safety net programs like food assistance for the poor while adding a projected $3.3 billion to the deficit.
Policy wise, the signature legislation of Trump’s second term rolls back clean energy tax credits passed under the Biden-Harris administration while beefing up funding for defense and border security.
Roughly 13 percent of LGBTQ adults in the U.S., about 1.8 million people, rely on Medicaid as their primary health insurer, compared to seven percent of non-LGBTQ adults, according to the UCLA School of Law’s Williams Institute think tank on sexual orientation and gender identities.
In total, the Congressional Budget Office estimates the cuts will cause more than 10 million Americans to lose their coverage under Medicaid and anywhere from three to five million to lose their care under Affordable Care Act marketplace plans.
A number of Republicans in the House and Senate opposed the bill reasoning that they might face political consequences for taking away access to healthcare for, particularly, low-income Americans who rely on Medicaid. Poorer voters flocked to Trump in last year’s presidential election, exit polls show.
A provision that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation — reportedly after the first trans member of Congress, U.S. Rep. Sarah McBride (D-Del.) and the first lesbian U.S. senator, Tammy Baldwin (D-Wis.), shored up unified opposition to the proposal among Congressional Democrats.
U.S. Supreme Court
Supreme Court to consider bans on trans athletes in school sports
27 states have passed laws limiting participation in athletics programs
The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.
In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.
The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”
In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.
The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.
“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.
He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”
“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”
Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”
Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.
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Supreme Court to consider bans on trans athletes in school sports
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