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Former Republican members of Congress call for Equality Act passage

Ileana Ros-Lehtinen spearheaded letter

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Former U.S. Rep. Ileana Ros-Lehtinen (R-Fla.) (Washington Blade photo by Michael Key)

In a letter addressed Tuesday to party leaders on Capitol Hill, 11 former Republican members of Congress urged federal lawmakers to pass anti-discrimination legislation to protect members of the LGBTQ community.

Former U.S. Reps. Ileana Ros-Lehtinen (R-Fla.), Barbara Comstock (R-Va.), Carlos Curbelo (R-Fla.), Susan Brooks (R-Ind.), Charlie Dent (R-Pa.), Jim Kolbe (R-Ariz.), Claudine Schneider (R-R.I.), Bob Dold (R-Ill.), Jim Greenwood (R-Pa.), Chris Shays (R-Conn.) and Steve Gunderson (R-Wis.) all signed the letter.

“The status quo is not working for LGBTQ Americans nor is it emblematic of our country’s founding values of freedom, fairness, and equality,” the signatories wrote in the letter addressed to Senate Majority Leader Chuck Schumer (D-N.Y.), Senate Minority Leader Mitch McConnell (R-Ky.), House Speaker Nancy Pelosi (D-Calif.) and House Minority Leader Kevin McCarthy (R-Calif.).

Ros-Lehtinen told the Washington Blade that supporting and urging the passage of nondiscrimination legislation was “the right action to take.”

“That is why I am so proud to have spearheaded this letter, signed by 10 other former Republican members of Congress, encouraging lawmakers to pass this bill so that discrimination against the LGBTQ+ community will be a thing of the past,” Ros-Lehtinen said.

The Equality Act has been introduced in Congress multiple times dating back to the 1970s. Its latest iteration was introduced by U.S. Rep. David Cicilline (D-R.I.) in early 2021 and was later passed by the U.S. House of Representatives. 

“Equality is a founding principle of our country, and everyone knows discrimination is wrong,” Cicilline told the Blade. “I introduced the Equality Act to guarantee that every LGBTQ+ American would be protected from discrimination in all aspects of our lives. With so much anti-LGBTQ+ legislation being proposed and even passed in some state legislatures across the country, we must pass the Equality Act to end discrimination against the LGBTQ+ community once and for all.”

The current form of the legislation would prohibit discrimination on the basis of sexual orientation and gender identity in a number of different areas including public accommodations, employment, housing and education. The bill has now awaited a vote in the U.S. Senate for nearly 16 months, where many see it as unlikely that the bill would be able to garner the 60 votes needed to withstand a potential filibuster and subsequent failure to move forward for President Biden to sign.

In lieu of federal legislation, the president has taken alternative, executive steps to codify LGBTQ protections into areas under his jurisdiction. On Wednesday, President Biden held an event at the White House where he signed an executive order aimed at combatting discrimination against the LGBTQ community.

“As President Biden said during his first joint address to Congress, the president has the back of LGBTQI+ people across the country,” the White House said in a statement marking the signing that took place during a Pride Month event. “That is why he [is] taking these bold actions and continuing to fight for full equality for every American — including urging Congress pass the Equality Act and provide overdue civil rights projections for LGBTQI+ people.”

The president’s executive order took aim at the continued practice of so-called conversion therapy and hundreds of discriminatory state laws passed in the last year. The order tasked entities under his command, such as the U.S. Departments of Health and Human Services and Education, with combatting such legislation and harmful practices.

LGBTQ nondiscrimination advocates have similarly been able to make strides in certain areas in recent years without the Equality Act. 

The landmark U.S. Supreme Court decision in Bostock v. Clayton County in 2020 ruled that discrimination based on sexual orientation and gender identity was illegal in employment under Title VII of the 1964 Civil Rights Act. However, multiple states still permit such discrimination in areas outside of employment. 

Ros-Lehtinen described how she believes passing comprehensive nondiscrimination legislation would make fairness and equity in all states a reality.

“The sad truth is that in our wonderful nation, it is still permissible to discriminate against individuals based on their sexual orientation or gender identity,” Ros-Lehtinen said. “We need federal protections and not a patchwork of state laws that may or may not grant protection from this unfair discrimination. I urge the U.S. Senate to pass the Equality Act which will grant this protection.”

But despite the current wave of anti-LGBTQ legislation in numerous states, largely sponsored by members of her party, Ros-Lehtinen expressed continued optimism that a greater share of her party would soon support efforts to make nationwide LGBTQ protections omnipresent.

“I remain hopeful that members of my Republican Party will move away from extremist views and walk toward the light of acceptance and inclusion of the LGBTQ+ community,” Ros-Lehtinen said. “They are our family members, our neighbors, our work colleagues.”

And, as signaled by the language of the letter submitted to congressional leaders, her fellow signatories agree.

“Bipartisan leadership on this issue is possible,” the former congresspeople wrote. “Americans from all walks of life — across political party, demographics, and geography — support protections and are ready for Congress to act. The current Congress has momentum and the go-ahead from the public to outlaw LGBTQ discrimination once and for all.”

Michael K. Lavers contributed to this story.

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Congress

Ritchie Torres says he is unlikely to run for NY governor

One poll showed gay Democratic congressman nearly tied with Kathy Hochul

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U.S. Rep. Ritchie Torres (D-N.Y.) (Washington Blade photo by Michael Key)

Gay Democratic Congressman Ritchie Torres of New York is unlikely to challenge New York Gov. Kathy Hochul (D) in the state’s next gubernatorial race, he said during an appearance Wednesday on MSNBC’s “Morning Joe.”

“I’m unlikely to run for governor,” he said. ““I feel like the assault that we’ve seen on the social safety net in the Bronx is so unprecedented. It’s so overwhelming that I’m going to keep my focus on Washington, D.C.”

Torres and Hochul were nearly tied in a poll this spring of likely Democratic voters in New York City, fueling speculation that the congressman might run. A Siena College poll, however, found Hochul leading with a wider margin.

Back in D.C., the congressman and his colleagues are unified in their opposition to President Donald Trump’s signature legislation, the “Big Beautiful Bill,” which heads back to the House after passing the Senate by one vote this week.

To pay for tax cuts that disproportionately advantage the ultra-wealthy and large corporations, the president and Congressional Republicans have proposed massive cuts to Medicaid and other social programs.

A provision in the Senate version of the bill 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 pressure from transgender U.S. Rep. Sarah McBride (D-Del.) and lesbian U.S. Sen. Tammy Baldwin (D-Wis.).

Torres on “Morning Joe” said, “The so-called Big Beautiful Bill represents a betrayal of the working people of America and nowhere more so than in the Bronx,” adding, “It’s going to destabilize every health care provider, every hospital.”

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House Democrats oppose Bessent’s removal of SOGI from discrimination complaint forms

Congressional Equality Caucus sharply criticized move

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Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A letter issued last week by a group of House Democrats objects to Treasury Secretary Scott Bessent’s removal of sexual orientation and gender identity as bases for sex discrimination complaints in several Equal Employment Opportunity forms.

Bessent, who is gay, is the highest ranking openly LGBTQ official in American history and the second out Cabinet member next to Pete Buttigieg, who served as transportation secretary during the Biden-Harris administration.

The signatories to the letter include a few out members of Congress, Congressional Equality Caucus chair and co-chairs Mark Takano (Calif.), Ritchie Torres (N.Y.), and Becca Balint (Vt.), along with U.S. Reps. Nikema Williams (Ga.), Hank Johnson (Ga.), Raja Krishnamoorthi (Ill.), Delia Ramirez (Ill.), Joyce Beatty (Ohio), Lloyd Doggett (Texas), Eleanor Holmes Norton (D.C.), Josh Gottheimer (N.J.), and Sylvia Garcia (D-Texas).

The letter explains the “critical role” played by the EEO given the strictures and limits on how federal employees can find recourse for unlawful workplace discrimination — namely, without the ability to file complaints directly with the Employment Opportunity Commission or otherwise engage with the agency unless the complainant “appeal[s] an agency’s decision following the agency’s investigation or request[s] a hearing before an administrative judge.”

“Your attempt to remove ‘gender identity’ and ‘sexual orientation’ as bases for sex discrimination complaints in numerous Equal Employment Opportunity (EEO) forms will create unnecessary hurdles to employees filing EEO complaints and undermine enforcement of federal employee’s nondiscrimination protections,” the members wrote in their letter.

They further explain the legal basis behind LGBTQ inclusive nondiscrimination protections for federal employees in the EEOC’s decisions in Macy v. Holder (2012) and Baldwin v. Foxx (2015) and the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020).

“It appears that these changes may be an attempt by the department to dissuade employees from reporting gender identity and sexual orientation discrimination,” the lawmakers wrote. “Without forms clearly enumerating gender identity and sexual orientation as forms of sex discrimination, the average employee who experiences these forms of discrimination may see these forms and not realize that the discrimination they experienced was unlawful and something that they can report and seek recourse for.”

“A more alarming view would be that the department no longer plans to fulfill its legal obligations to investigate complaints of gender identity and sexual orientation and ensure its
employees are working in an environment free from these forms of discrimination,” they added.

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Senate parliamentarian orders removal of gender-affirming care ban from GOP reconciliation bill

GOP Senate Leader John Thune (S.D.) hoped to pass the bill by end-of-week

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(Washington Blade photo by Michael Key)

Restrictions on the use of federal funds for gender-affirming care will be stripped from the Republican-led Senate reconciliation bill, following a ruling by the Senate parliamentarian on Tuesday that struck down a number of health related provisions.

The legislation banned coverage for transgender medical care through Medicaid and the Children’s Health Insurance Program, language that was also included in the House version of the bill passed on May 22 with a vote of 215-214.

The parliamentarian’s decision also rejected Republican proposals for a Medicaid provider tax framework, which allows states to charge health care providers and use the funds to support their programs, along with broader cuts to Medicaid.

Amid calls to override Tuesday’s ruling from Republicans like U.S. Rep. Greg Steube (Fla.), GOP Senate Majority Leader John Thune (S.D.) told reporters “That would not be a good outcome for getting a bill done.”

He also acknowledged that the timing and schedule might have to be adjusted. Senate Republicans had hoped to pass the reconciliation bill by the end of this week, though this was not a legal or procedural deadline.

Dubbed the “one big, beautiful bill” by President Donald Trump, the legislation would extend tax breaks from 2017 that overwhelmingly benefit the wealthiest Americans and corporations. To cover the cost, which is estimated to exceed $4 trillion over 10 years, the bill would make drastic cuts to social welfare programs, particularly Medicaid.

Democrats are not in a position to negotiate across the aisle with Republicans holding majorities in both chambers of Congress, but for months they have been calling attention to the effort by their GOP colleagues to strip Americans of their health insurance to pay for the tax breaks.

The Congressional Budget Office estimates that 10.9 million people would lose their coverage, either through Medicaid or the Affordable Care Act marketplaces. Some Republicans like U.S. Sen. Josh Hawley (Mo.) are pushing back against the deep cuts to Medicaid, arguing they would be devastating for many of their constituents and also to hospitals, nursing homes, and community health care providers in rural areas.

In a statement emailed to the Washington Blade on Tuesday, U.S. Senate Democratic Whip Dick Durbin (Ill.) said, “Anti-trans extremists are attempting to use the full power of the government to hurt kids, and recent Supreme Court decisions in Skrmetti and Medina are enabling their quest.”

While today’s ruling by the Senate parliamentarian is a temporary win, I will keep pushing back on these shameful attempts to harm trans kids and their families for trying to live authentically,” said the senator, who also serves as ranking member of the powerful Senate Judiciary Committee.

U.S. Rep. Mark Takano (D-Calif.), who is gay and chairs the Congressional Equality Caucus, also shared a statement with the Washington Blade addressing the parliamentarian’s ruling:

“This ruling by the Senate Parliamentarian is a win for the transgender people who rely on Medicaid and CHIP to access the healthcare they need to live fuller, happier, and healthier lives—but the fight is not over yet,” the congressman said.

 “Republican Senators must abide by her ruling and remove the ban from the final version of Trump’s Big Ugly Bill,” he said. “Yet, even with this provision removed, this bill is terrible for the American people, including trans Americans. Every Equality Caucus member voted against it in the House and we’re ready to do so again if the Senate sends it back to the House.”

The Human Rights Campaign issued a press release with a statement from the organization’s vice president for government affairs, David Stacy:

“The fact remains that this bill belongs in the trash. It continues to include devastating cuts to health care programs — including Medicaid — that would disproportionately harm the LGBTQ+ community, all so the already rich can receive huge tax cuts,” Stacy said.

“While it comes as a relief that the Senate parliamentarian concluded that one provision in the nightmarish reconciliation bill that would have denied essential, best practice health care to transgender adults does not belong, we aren’t done fighting,” he said. “With attacks on our community coming from many directions, including the Supreme Court, we will work to defeat this bill with everything we’ve got.”


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