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Despite ‘relentless attacks,’ optimism for future of LGBTQ movement

National LGBTQ Task Force leaders address Creating Change Conference

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Kierra Johnson and Mayra Hidalgo Salazar delivered the National LGBTQ Task Force’s annual State of the Movement address. (Blade file photo of Johnson by Michael Key; photo of Salazar courtesy of the Task Force)

Despite being hit with an unprecedented 300 or more anti-LGBTQ bills introduced in U.S. state legislatures over the past two years, the nation’s LGBTQ community at the same time has seen some important advances and there is reason for optimism, according to a March 19 LGBTQ State of the Movement address delivered by two key movement leaders.

Kierra Johnson and Mayra Hidalgo Salazar, executive director and deputy executive director of the National LGBTQ Task Force, offered a detailed assessment of where things stand today for LGBTQ people in the United States during the organization’s 22nd Annual Creating Change Conference, which was held virtually March 19-20.

Since it began in 1987, Task Force officials have said the Creating Change Conference has served as the LGBTQ movement’s preeminent organizing, skills-building, and networking event.  

Johnson and Salazar said the political attacks on LGBTQ rights and other progressive causes coming in the midst of the COVID-19 pandemic have forced LGBTQ leaders and activists to adopt new strategies for responding to the attacks.

“We are doing this in the face of storms that have kept coming,” Salazar said. “In just the last year, there have been relentless attacks to gut voting rights, the right to protest, abortion access, and trans youth health and rights,” she stated in the address delivered jointly by the two women.

“There have been 100 anti-trans bills and over 300 anti-LGBTQ bills considered in state legislatures across the nation,” she continued, adding that a record number of deportations of immigrants, a “barrage” of racial injustice in the U.S. and abroad, and new and ongoing wars and conflicts, “have left many of us feeling afraid, disconnected, and powerless.”

Johnson continued those thoughts by saying, “We know that you are tired. Many of you are afraid and rightfully so…But I know that I’m talking to a group of people who know that these events, these feelings, they’re no reason to stop the work – anything but,” Johnson said. “These are the reasons we do the work. This is why what we do is so important, why you are showing up today, and tomorrow and it is the difference between the light at the end of the tunnel going out entirely and growing brighter and nearer for us and for generations to come.”

Salazar cited what she called optimistic data showing that more people are coming out as LGBTQ than ever before at an earlier age, with young people identifying in greater numbers as bisexual and nonbinary.

“Now some of you may be wondering, is there something in the water?” she continued. “Of course, the answer is no! But more people coming out and the fluidity in how they identify has everything to do with the work you and we have done and do every single day to build a world where people can embrace themselves – and be embraced – in every aspect of their lives.”

As a further sign of optimism, Johnson noted the political climate for LGBTQ people coming from the White House has changed for the better since January 2021.

“After four years of relentless attacks on LGBTQ+ rights, the Biden-Harris administration has brought more LGBTQ+ visibility and begun undoing the damage of Trump’s anti-LGBTQ policies – from protecting the civil rights of every LGBTQ+ person, to ensuring that LGBTQ+ Americans are leaders at every level of the federal government,” Johnson said.

“Together with you, we have successfully backed more queer, women, people of color candidates to join the White House than ever before,” Johnson told conference participants.

Among the LGBTQ White House appointees, she and Salazar said, are Gina Ortiz Jones, a lesbian and Iraq war veteran serving as the U.S. Undersecretary of the Air Force; Pete Buttigieg, who is serving as the first openly gay Cabinet Secretary confirmed by the U.S. Senate; Admiral Dr. Rachel Levine, who is serving as director of the U.S. Public Health Service at the Department of Health and Human Services and who became the first openly transgender person ever confirmed by the U.S. Senate; Reggie Greer, a Black gay man serving as White House Director of Priority Placement and Senior Adviser on LGBTQ+ Engagement; Ambassador Chantale Yokmin Wong, the U.S. Director of the Asian Development Bank who became the first out lesbian and first LGBTQ person of color with the rank of ambassador in U.S. history; and Mehgan Maury, a former National LGBTQ Task Force official now serving as Senior Adviser to the Director of the U.S. Census Bureau and the first nonbinary member of the Biden administration.

“Contrary to what many would have us believe, we have also made progress in the states,” Johnson stated in her remarks. She and Salazar pointed to bills providing various types of LGBTQ supportive services or protections that have passed in New Jersey, Oregon, Colorado, Washington State, and New Mexico in the past two years.

“And finally, to those of you – advocates, organizers, change makers – in Florida, Georgia, Ohio, Texas and Michigan – thank you for your tireless work and non-stop efforts to stop the devastating bills ravaging their way through your state legislatures and making their way to the desks of your governors,” Johnson said.

“You are showing the country and the world that trans kids matter, that Black Lives Matter, that saying Trans and Bi and Lesbian and Gay matters,” added Johnson. “While we’ve had some setbacks in these sessions, the work you’ve done means those losses are temporary. You are building long-term sustainable power,” Johnson said.

“Together we will use all the tools in our toolbox – from the streets to the courts to the pews and pulpits, to the media to the ballot box – to overturn and overcome these wretched attacks and take back our democracy from extremists who will do anything to sustain the status quo or worse, roll back the gains we’ve won,” according to Johnson.

Following is the text of the full remarks delivered by Kierra Johnson and Mayra Hidalgo Salazar in their LGBTQ State of the Movement Address on March 19 before the Creating Change Conference as provided by the National LGBTQ Task Force:

Johnson: Welcome to the State of the Movement 2022. Convening virtually was not what we envisioned for Creating Change this year. Like you, last spring we were hopeful that we would soon turn a corner and leave our COVID-19 lives behind. Then Delta and Omicron dished a dose of reality that was more devastating than we thought possible. We saw the light at the end of the tunnel, and then swiftly the tunnel got longer, until the light was all but impossible to see.

Johnson: We are now beginning our third year under the cloud of a global pandemic. While we’ve necessarily become pros at adapting to these changing conditions: moving the work forward, getting our kids to school, taking care of elders, navigating other health crises and wearing masks everywhere we go, COVID continues to have a deep impact on our health and well-being and on our community’s ability to fight back. Like you, we also hold the tension of trying to stay focused on how we show up in our work to build a different world, while acknowledging the challenges of shouldering sickness, the passing of friends and family, and the frustration of dreams deferred.

Salazar: And, because we are brilliant, creative and resourceful, we also found new and beautiful ways of building and being in community – like virtual events with magical moments we only dreamed possible, became reality.

Salazar: We are doing this in the face of storms that have kept coming. In just the last year, there have been relentless attacks to gut voting rights, the right to protest, abortion access, and trans youth health and rights. There have been 100 anti-trans bills and over 300 anti LGBTQ bills considered in state legislatures across the nation. And if that wasn’t enough to overwhelm us, the record deportations of immigrants under the Biden administration, the barrage of racial injustice here at home and abroad, and new and ongoing wars and conflicts, have left many of us feeling afraid, disconnected, and powerless. At any given moment, we are experiencing changes moving at an unbearable pace.

Johnson: We know that you are tired. Many of you are afraid and rightfully so. Be tired. Be angry. Be frustrated, confused, sad, be ALL of those things. But I know that I’m talking to a group of people who know that these events, these feelings; they’re not a reason to stop the work — anything but. These are the reasons we do the work. This is why what we do is so important, why you are showing up today, and tomorrow and it is the difference between the light at the end of the tunnel going out entirely, and growing brighter and nearer for us and for generations to come.” Congresswoman Ocasio Cortez recently reminded us that a resigned cynical working class that has given up is exactly what our opponents want. But she also reminds us that things are changing and that it is up to us to share good news and enjoy the good news and remind each other that we are having success and we are winning.

Salazar: Data is showing us that more people are coming out as LGBTQ than ever before and they are coming out earlier, with young people identifying in higher numbers as bisexual and nonbinary. Now some of you may be wondering, is there something in the water?! Of course, the answer is no! But more people coming out and the fluidity in how they identify has everything to do with the work you and we have done and do every single day to build a world where people can embrace themselves—and be embraced—in every facet of their lives.

Johnson: After four years of relentless attacks on LGBTQ+ rights, the Biden-Harris administration has brought more LGBTQ+ visibility and begun undoing the damage of Trump’s anti-LGBTQ policies— from protecting the civil rights of every LGBTQ+ person, to ensuring that LGBTQ+ Americans are leaders at every level of the federal government Together with you, we have successfully backed more queer, women, people of color candidates to join the White House than ever before including:

Salazar: Gina Ortiz Jones, a gay woman and Iraq veteran serves as the 27th U.S. Under Secretary of the Air Force – she identifies as an Ilocano, a member of a Filipino ethnolinguistic group. KJ: Secretary of Transportation Pete Buttigieg, who is the first openly gay Cabinet Secretary confirmed by the U.S. Senate MHS: Admiral Dr. Rachel Levine, Head of U.S public health efforts at the Department of Health and Human Services, who is the first openly transgender person ever confirmed by the U.S. Senate.

Johnson: Reggie Greer, a Black gay man now serves as White House Director of Priority Placement and Senior Advisor on LGBTQ+ Engagement. MHS: Ambassador Chantale Yokmin Wong U.S. Director of the Asian Development Bank, the first out lesbian and first LGBTQ person of color with the rank of ambassador in U.S. history.

Johnson: AND our own Mehgan Maury, who led our Queer the Census campaign and now serves as Senior Advisor to Director Robert Santos at the Census Bureau, the first non-binary member of the administration’s team.

Salazar: And we need more action, support, and resources from the White House to address the escalating attacks on our humanity and our rights. We need progress that goes beyond the pre[1]Trump status quo. The rights of LGBTQ+ people must be solidified to capture the full breadth of our experiences and face the onslaught of growing racism, xenophobia, homophobia and transphobia. MHS: And there is a bill in congress right now — The Equality Act – that if passed would move us forward in holding elected officials accountable at the federal level and in every state, expanding and protecting the civil rights of LGBTQ people, people of color and women.

Johnson: With each year more cross-movement, cross issue, cross community partnerships are created, and they are deepening. Whether creating new messages and frames to engage the community and address the state attacks on LGBTQ people, to creating interfaith strategies to assert a progressive religious and spiritual perspective to beat back discriminatory religious exemptions, to inspiring and supporting more BIPOC, Young People and Queer people to vote Commented [MS1]: i don’t want to uplift this as a win, especially while we are at/on the brink of another war Commented [MS2]: moving and advocate directly with legislators, we are fortifying our foundation for the hard work ahead!

Johnson: Contrary to what many would have us believe, we have also made progress in the states! New Jersey enacted a law that adds gender nonbinary to medical data collection. Oregon passed a law to add LGBTQ people to priority populations definition for workforce development programs and increases funding. Colorado passed a bill to support older people from diverse, racial, cultural, socioeconomic, gender and ability groups in community planning; health services and infrastructure.

Salazar: Washington State passed two bills – one that preserves a person’s ability to access abortion care, making the language trans-inclusive. And another that makes incarcerated folx medical records confidential, including for trans-affirming care and gender identity. New Mexico passed a bill to stop LGBTQ people from being blamed for people assaulting or murdering them, barring use of the so-called Panic defense.

Johnson: And finally, to those of you—advocates, organizers, change makers—in Florida, Georgia, Ohio, Texas and Michigan – thank you for your tireless work and non-stop efforts to stop the devastating bills ravaging their way through your state legislatures and making their way to the desks of your Governors. You are showing the country and the world that trans kids matter, that Black lives matter, that saying Trans and Bi and Lesbian and GAY matters. While we’ve had some setbacks in these sessions, the work you’ve done means those losses are temporary. You are building long term sustainable power. Together we will use all the tools in our toolbox— from the streets to the courts to the pews & pulpits, to the media to the ballot box—to overturn and overcome these wretched attacks and take back our democracy from extremists who will do anything to sustain the status quo or worse roll back the gains we’ve won.

Salazar: We are far from powerless. From weighing in on presidential appointments to engaging with civil rights leaders on strategies to ensure that our communities have access to the right to vote. We have been connecting with national and state partners, advising hill staff and Members of Congress and engaging LGBTQ people in a range of issues including the Equality Act and the Texas abortion ban. We have won protections in the workplace and nondiscrimination policies continue to pass in cities and states across the country. Actors, Athletes and musicians are exclaiming their pride and queering the media at every turn igniting a new force of queer and allied activism. Carl Nassib, Kal Penn, Tommy Dorfman, Hikaru Utada, Kehlani and Billy Porter are just a few of the celebrities that have come out in the last year as trans, non-binary, queer, HIV positive, and Pansexual. They are showing up and out as queer pop icons, public figures for a new generation looking for themselves boldly reflected in media, culture and politics. We must remember how we got here. We must celebrate our successes as forward momentum. We have much to be proud of…But we are FAR from done.

Salazar: In January of this year, Gov. Kristi Noem (R-SD) signed into law the first anti-trans bill of 2022. In doing so, she banned transgender girls from playing school sports. From there it has

been almost impossible to keep up with the barrage of attacks. Arizona, Alabama, Indiana, Kentucky, Oklahoma, New Hampshire and South Dakota and just a few of the states that introduced measures that target trans and nonbinary youth, their families and their communities.

Johnson: As if that wasn’t enough, in addition to the unabated and unrelenting state attacks on LGBTQ+ legislation, our communities have also been hit with attacks on reproductive rights, voting rights, and the erasure of the history and impact of BIPOC people in this country. In states across the country, the legislature has waged a triple threat of bad bills targeting our access to information, bodily autonomy, and ability to participate in our democracy. These are the foundation of personal, community and political power!

Salazar: The far-right has bemoaned for years that progressives have been trying to “censor” them, it is indeed the far-right taking steps to censor content of all kinds – from critical race theory to LGBTQ inclusive curricula, effectively erasing the diversity of people in this country and any accurate or inclusive understanding of our shared history. Book bans, which seem like an outdated tactic of fascist dictators, are back in style. The simple act of have a rainbow flag or Black Lives Matter sticker on your classroom door, meant to communicate a safe space, is now off the table. Imagine how our young people must feel as they are stripped of the symbols and information that made them feel safe and affirmed.

Johnson: Access to our most basic right to engage in our democracy is also at stake. The right to vote, our right to protest is being suppressed, curtained, blocked and gerrymandered at every turn.

Salazar: Finally, our self-determination and personal agency is also being threatened. Given the sharp rise in anti-LGBTQ laws passed over the last 8 years and what we are seeing now, it is no surprise we’re now experiencing what the American Medical Association has declared “an epidemic of violence against the transgender community,” most notably the skyrocketing rate of murders against trans women of color. The ability to make decision about who you are, how you walk through the world in your truth and have control over your own body are at the core of the anti-trans bills mentioned above and all the attempts to restrict abortion rights and access to reproductive related healthcare.

Johnson: If this feels familiar there is a reason – 40 years ago it was gay & lesbian teachers that were being targeted — today it’s trans kids and their parents.

Salazar: 40 years ago, it was Anita Bryant who was pulling out worn out tropes about “grooming” – and today it is Governors like DeSantis and Abbott recycling these tropes to spread misinformation about our community.

Johnson: 20 years ago, it was gay, lesbian and bisexual people being accused of trying to destroy the sanctity of (Christian) marriage and today it is loving families and allies of LGBTQ youth being accused of taking away “parental rights” when working for the safety and futures of all youth.

Johnson: Any historian or longtime Movement activist will tell you this cycle Is just that – a constant, sometimes subtle, sometimes direct, concerted effort to use queer people, reproductive freedom and democracy as the bait to push the buttons of conscious and unconscious homophobia, transphobia, sexism, misogyny, racism, Christian hegemony and classism in our country.

Johnson: This is our time, our opportunity to commit to building deeply and broadly across movements. To collaborate across issues and communities. We cannot win if we continue to organize in silos and ignore the WHOLE chess board. There is an opportunity to build intersectional partnerships, engage a larger base, and create solutions that have greater impact on more people. We must fight back. Now, for the remainder of this important election year, in every state facing anti-LGBTQ, anti-choice and anti-voting rights legislation.

Johnson: There is a lot at stake in this time but where there are challenges there are opportunities for us to learn, grow and succeed! Our political success will only ever be temporary if we’re not invested in building the power of the people. We win because more and more people are in coalition with us. But we know from the movements that came before ours that to hold onto those successes, our institutions and those in power must be willing to take action with us and we must be vigilant in holding them accountable.

Salazar: Today we are launching Queer the Vote and commit to building a robust and connected base of voters working across issues across communities to rebuild and strengthen our democracy. It is critical that queer people and our allies mobilize to take action, build power and create change whether that’s contacting your elected officials, providing testimony, or donating money and resources. And of course, above all else, if you are eligible, make sure you are registered to vote and turn out at the polls. Claim your power, use your voice, support your community and Queer the Vote!

The kind of change we imagine can take generations, and the Task Force is in this for the long haul – we’ve been at it for almost 50 years, and we won’t stop until we are all free. The pathway to liberation is long and if we are going to make it we must remember what we are working towards. We are organizing for our civil rights. We are demanding that our full humanity is honored and affirmed. And we are fighting for our democracy.

Johnson: We have already imagined the world we want…the world we deserve. Now we must have courage to act with and for our community to bring it into existence. The theme of CC22 is Remixed. A remix: a piece of media which has been altered or contorted from its original state by adding, removing, and/or changing pieces of the item. Our 2022 Creating Change theme Remixed refers not only to having pivoted from an in-person event to a digital one. Remixed is also a vision for how we can evolve as a movement. We have an opportunity to experiment and to play. To be responsive to what is new while benefiting from the wisdom, expertise, and talent of the past. I can’t wait to get back into the studio with you! We look forward to creating new sounds, covering some old tunes and remixing a new movement for the future…by us and for us. Forever together, we are powerful!

Johnson: Be You, Be Well and enjoy the rest of your Creating Change ‘22 remixed experience!

Salazar: Sea tú. Y que lo pasen delicioso. [Be you. And have a delicious time.]

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National

HRC report: LGBTQ students face ‘far greater challenges’ in non-supportive states

Survey finds anti-LGBTQ school harassment, bullying highest in 17 states

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(Washington Blade photo by Michael Key)

The Human Rights Campaign Foundation, the educational arm of the national LGBTQ advocacy organization Human Rights Campaign, has released a report showing LGBTQ public school students are more likely to face bullying, harassment, and “other barriers” in states that have less overall supportive LGBTQ laws and policies.

The report is based on the HRC Foundation’s National Educator Survey of School Climate and Bullying, which was released on Sept. 17.

“The report finds that harassment, bullying, and other barriers to LGBTQ+ inclusion are more prevalent in states with limiting policies, where educators report widespread restrictions on LGBTQ+ resources, visible expressions of support, and assistance for transgender students,” a statement released by HRC says.

“As just one example,” the statement adds, “while 59 percent of educators in states with limiting policies report restrictions on supporting their transgender students, just 6 percent to 8 percent of educators in states with supportive policies report the same, underscoring the impact of these policies on school climate, student well-being, and the stakes of the upcoming midterm elections for LGBTQ+ youth and inclusive classrooms.”

The report says the survey consisted of responses by 826 educators in 42 states who worked as teachers, principals, counselors, administrators, and others who worked in support services. All worked at schools with students from pre-kindergarten to 12th grade, most being public schools and a smaller number being charter schools, the report says.

It says the survey was conducted between April 15 and May 21, 2026, and included a survey questionnaire with about 55 questions covering a wide range of LGBTQ related school issues.

According to the report, its classification of LGBTQ supportive and non-LGBTQ supportive states is based on a detailed analysis of the LGBTQ related laws and policies of all 50 states, D.C., and U.S. territories conducted by the Movement Advancement Project, or MAP, which describes itself as an “independent, nonprofit thinktank.”  

The report includes a chart consisting of 51 boxes representing the 50 states and D.C., with 32 plus D.C. colored as blue and said to have overall LGBTQ supportive policies. The 17 boxes colored in red are said to have overall non-LGBTQ supportive policies and laws, Each of the boxes has the initial of a state or D.C. printed inside it.

In addition to D.C., the chart shows Maryland, Virginia, New York, California, and Massachusetts as among the supportive states. Florida, Texas, West Virginia, and Ohio are among the states shown to be non-LGBTQ supportive.  

The HRC statement includes these “key” findings from the survey:

  • In states with restrictive LGBTQ+ inclusion policies, 59 percent of educators report restrictions on supporting transgender students, compared to just 6-8 percent of educators in states with supportive LGBTQ+ inclusion policies.
  • In states with restrictive policies, nearly 50 percent of educators reported restrictions on LGBTQ+ books or resources, compared to just 7 percent of educators in states with supportive policies.
  • Roughly 32 percent of educators in states with restrictive policies reported anti-LGBTQ+ harassment was a moderate or serious problem, compared with 11 percent of educators in states with supportive LGBTQ+ inclusion policies.
  • In states with restrictive LGBTQ+ inclusion policies, 29 percent of educators were very worried about anti-LGBTQ+ harassment, compared to 15 percent in states with supportive LGBTQ+ inclusion policies.
  • In states with restrictive LGBTQ+ inclusion policies, 36 percent of educators witnessed anti-LGBTQ+ student bullying, compared to 27 percent in states with supportive LGBTQ+ inclusion policies.
  • In states with supportive LGBTQ+ inclusion policies, 75 percent of educators reported no restrictions on LGBTQ+-supportive displays, highlighting a substantially more supportive school environment than in states with restrictive policies.
  • Educators in states with restrictive LGBTQ+ inclusion policies also reported significant harassment of students based on appearance (57 percent), race or ethnicity (43 percent), sexual orientation (42 percent), and gender identity or expression (39 percent). (No direct comparison figure from supportive-policy states is provided in the data above.)

“Every young person deserves to feel safe and supportive at school, but this report makes clear that for too many LGBTQ+ students, especially transgender youth, are being failed by policies designed to exclude them,” said HRC President Kelley Robinson in the HRC statement.

“We know that when students feel seen, supported, and affirmed, they are more likely to thrive, but when schools become places of exclusion or hostility, young people pay the price through lower engagement, missed opportunities to learn, and poorer mental and physical health,” Robinson said.

The HRC statement notes that the survey findings come at a time when a growing number of states have passed laws targeting LGBTQ students and the school officials and teachers who support them. It says that for the first time, the survey found that “educators themselves are also experiencing anti-LGBTQ+ harassment, highlighting the growing impact of these policies on school staff as well as students.”

The full survey findings and report can be accessed here:

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U.S. Supreme Court

Trump asks Supreme Court to allow restrictions on gender-affirming care in prisons

SCOTUS could further restrict rights of trans inmates

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The U.S. Supreme Court with an LGBTQ Pride flag flying in front of it. (Washington Blade Photo by Michael Key)

The Trump administration has asked the Supreme Court to allow its policy limiting gender-affirming treatment for federal inmates to take effect while a legal challenge plays out in court.

U.S. District Judge Royce Lamberth ordered the government to continue providing gender-affirming care, such as hormone therapy, which had become policy nearly a decade ago for inmates who were transitioning.

The Trump administration argues in its application that its policy restricting transgender rights was properly adopted and that the judge overstepped, posing nationwide “security and prison-administrative concerns.”

If allowed, the policy would halt surgeries, hormones and social accommodations such as wigs while allowing mental health therapy to continue as the legality of the policy reversal is litigated.

The government also argues in the application that the Bureau of Prisons had “determined that sex-trait-modification surgeries, hormone interventions in general, and social accommodations could no longer be justified as treatment for gender dysphoria.”

American Civil Liberties Union attorneys for the inmates said the policy is “a direct threat to the well-being of transgender people in federal custody and an open violation of their fundamental rights,” and said withholding necessary gender-affirming healthcare constitutes cruel and unusual punishment.

The Blade has covered the ongoing developments surrounding changes to Federal Bureau of Prisons transgender inmate policy that went into effect earlier in Trump’s term. The changes primarily focus on rolling back Biden-era protections for trans inmates.

Earlier this year, the Blade published a joint letter from multiple senators in response to the rollback of the policy. Multiple senators — including Edward Markey (D-Mass.), Jeffrey A. Merkley (D-Ore.) and Mazie K. Hirono (D-Hawaii) — sent a letter to Attorney General Todd Blanche and Federal Bureau of Prisons Director William Marshall III calling for them to reverse the policy change, saying it endangers inmates’ health and safety.

The senators described how the policy shift, along with President Trump’s Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” is forcing policy changes they argued are rooted more in political rhetoric than in medical research or evidence-based correctional practices.

Federal Bureau of Prisons responded to the Blade’s request for comment in May, declining to reconsider its transgender inmate policy.

The Blade reached out to the Federal Bureau of Prisons once again over the application to the Supreme Court, but did not hear back before publication.

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Federal Government

Education Department rolls back protections for LGBTQ students under Title IX

The DoE policy rescinds Biden-era protections

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U.S. Education Secretary Linda McMahon (Washington Blade photo by Michael Key)

The Department of Education rolled back a Biden-era Title IX interpretation on Monday that secured sex-based discrimination protections for students on the basis of sexual orientation and gender identity.

Title IX was established in 1972 as landmark civil rights law. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government.

Education Secretary Linda McMahon spoke about the revision of the policy, claiming the decision would explicitly help “women and girls.”

“Thanks to today’s action, the published Title IX regulations faithfully reflect court orders and congressional intent — reducing confusion for parents, students, and educational institutions. We will continue to relentlessly champion equal opportunity for all Americans and hold accountable any school or college that violates the rights, privacy, or athletic opportunities of our women and girls,” McMahon said via press release.

Prior to her work under the Trump-Vance administration, McMahon was a World Wrestling Federation/World Wrestling Entertainment executive before resigning to pursue a career in politics. She was appointed to the Connecticut State Board of Education by then-Gov. Jodi Rell in January 2009, but resigned from her role shortly afterward to run what ultimately became two failed campaigns for Connecticut’s U.S. Senate seat in 2010 and 2012.

A “fact sheet” provided by the Department of Education also called the inclusive sexual assault and gender identity protections expanded under the Biden-Harris unlawful, saying, “This change is necessary to provide clarity in the Code of Federal Regulations so that institutions, administrations, students, and families can see the rules that are actually in force and to help eliminate public confusion about the Biden administration’s unlawful attempt to stretch Title IX’s legal protections to cover ‘sexual orientation’ and ‘gender identity.’”

This is not the first time this policy has faced judicial hurdles. While Biden was still in office, the plan was struck down in multiple courts in Republican states.

Opponents of the move say it will harm transgender athletes and weaken protections for sexual assault victims.

“Sexual harassment and assault continue to be pervasive in schools and, to the fullest extent possible, we should be working to enforce the laws that protect student survivors of sexual violence. Yet, Education Secretary Linda McMahon and the Trump administration have decided to ignore what survivors need, instead weaponizing Title IX to attack trans students,” said Shiwali Patel, senior director of education justice at the National Women’s Law Center.

This is a return to a first Trump term policy after Biden issued an executive order to attempt to curb discrimination for all — especially those with different sexual orientations and gender identities — that had been given a pass during Trump’s first term. Much of Title IX’s policy has a narrow vision of what sex protections look like that often and enthusiastically leave gender-diverse and non-heterosexual people out.

In March 2021, President Joe Biden signed Executive Order 14021, “Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity,” to attempt to undo some of the flagrantly anti-LGBTQ policy the Trump-Pence administration had set forth relating to Title IX protections for LGBTQ students and sexual assault survivors.

The secretary focused this “win” for the administration as one more step toward restricting transgender students from competing in women’s sports, but the 2020 rule, completed under former Education Secretary Betsy DeVos, didn’t explicitly ban trans students from participating on sports teams consistent with their gender identity. It did limit the types of sexual harassment and assault complaints that schools had to investigate and required live hearings so male students could respond to accusations.

McMahon didn’t discuss those aspects in her statement or in requests for comment. The 2020 rule drew praise from conservatives and intense opposition from advocates who said it downplayed sexual abuse and left victims unprotected.

In a statement, U.S. Rep. Tim Walberg (R-Mich.), who chairs the House Education Committee, said, “Returning to the 2020 regulations restores longstanding protections for women and girls that the Biden-Harris administration attempted to dismantle and realigns Title IX policy with court precedents.”

LGBTQ activists have called this decision a direct attack on LGBTQ safety — particularly for trans students who continue to face a barrage of legislative, executive, and judicial attacks in recent years from the Trump-Vance administration.

Kelley Robinson, president of the Human Rights Campaign, the largest LGBTQ advocacy group in the world, released a statement following the DoE’s announcement.

“Title IX is, quite simply, about protecting students and ensuring that they are safe from abuse, harassment, and discrimination while they pursue their education. But Donald Trump and his cronies aren’t interested in any of that,” Robinson said. “Donald Trump’s Department of Education has completely lost sight of that mission. Instead of enforcing protections for students, they’re rescinding them. They don’t care if sexual harassment and assault go unaddressed. And they’re happy to strip funding away from school districts and states that are actually trying to keep students safe.

“We know who will be hurt: women, girls, and others who are vulnerable to sexual harassment, assault and abuse — including LGBTQ+ students. The fact that they’re dropping this rule into place abruptly, without a comment period, denying families, educators, loved ones, and the students themselves a say in how they should be treated, shows how little they care about the safety of our students.

“This is a monstrous injustice, and it drives home how essential it is that we take action at the polls this November to start bringing some accountability to an administration that has turned its back on the very students Title IX was written to protect,” she added.

The Washington Blade reached out to the DoE for comment and questions on whether Title IX protections still included LGBTQ students, and received this email response from Education Spokesman Sabin Sidney:

“Your questions indicate you are clearly missing the entire point of this Final Rule. The Biden Administration illegally rewrote Title IX to include ‘sexual orientation’ and ‘gender identification’ in the definition of sex-based discrimination. The Trump Administration is rescinding this rule—only after every federal court that heard legal challenges rejected it as unlawful.

“Since January 2025, the Department has been enforcing Title IX consistent with the President’s Executive Order grounded in biological truth that there are only two sexes. The Trump Administration is restoring the original promise of Title IX and providing clarity to students, parents, and educational institutions. We will vigorously defend equal opportunity consistent with the law’s intended purpose.”

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