News
New HHS reg seeks non-discrimination in health care as monkeypox spreads
Proposed rule bars strengthens protections for LGBTQ patients
A new regulation proposed by the Biden administration seeks to ensure non-discrimination in health care settings for women who have had abortions and LGBTQ people at a time when monkeypox cases continue to increase and fears persist after the U.S. Supreme Court overturned Roe v. Wade.
The new regulation, announced Monday by the Department of Health & Human Services, would interpret Section 1557 of the Affordable Care Act to apply more broadly to the definition of sex after the court’s earlier 2016 decision in Bostock v. Clayton County, which determined anti-LGBTQ discrimination was an illegal form of sex discrimination. The rule would enhance the prohibition discrimination on the basis of sex in health care settings and federally funded health care programs consistent with the law.
The regulation also institutes non-discrimination protections for intersex traits; and pregnancy or related conditions, including pregnancy termination; and people with limited English proficiency.
Xavier Becerra, secretary of health and human services, announced the proposed rule on Monday during a conference call with reporters and said it would ensure communities that have had barriers to accessing health care would be able to obtain it.
“Everyone in America should be able to get the care that they need from any health provider in the country, especially if they’re that provider is receiving funding from HHS,” Becerra said. “We want to make sure that Americans are free from discrimination when they try to access the care that they need. Pretty simple proposition.”
Becerra, asked by the Washington Blade how he sees the proposed rule playing out as part of the Biden administration’s approach to the monkeypox outbreak among gay and bisexual men, said the rule makes clear discrimination in health care is unacceptable and enables LGBTQ people to file a complaint with the Office of Civil Rights at the Department of Health & Human Services.
“The reality is that today, the issue of monkeypox, you should not face any discrimination when it comes to the issue of accessing the health care services you might need to address monkeypox,” Becerra said.
The new regulation doesn’t appear to be timed as a means to address monkeypox, but a follow-up to an earlier commitment from the Biden administration to make the change.
The proposed rule is similar to a regulation in the final years of the Obama administration, which interpreted the language of Section 1557 to bar discrimination based on sex stereotypes and gender identity. The rule, however, was rescinded during the Trump administration under HHS Director of the Office of Civil Rights Roger Severino, who bucked the decision in Bostock and reversed the rule pursuant to an earlier lower federal court ruling in Texas.
Melanie Fontes Rainer, now the director of the Office of Civil Rights under the Biden administration, said on the call that restoring non-discrimination protections after they were rescinded makes health care more accessible for everyone.
“The 2020 version of this rule narrowed its scope to cover fewer health programs and activities, limiting vital non-discrimination protections for so many across the country,” Rainer said. “The proposed rule proposes revisions to Section 1557 implementing regulation by restoring and strengthening provisions that protect individuals from discrimination and health programs and activities”
The Biden administration rule, however, is different from the Obama-era rule in key aspects. For starters, the Biden-era rule explicitly prohibits discrimination on the basis of sexual orientation in addition to other sex-based categories that were articulated before, using the Supreme Court’s decision in Bostock as justification.
The newer regulation also contains language that interprets Medicare Part B as federally funded assistance and includes an explicit exemption for health care providers who have objections to certain procedures, such as abortion and gender reassignment surgery. The exact breadth of the religious exemption wasn’t immediately clear.
Becerra said during the call the religious conscience provision was included as a result of stakeholder feedback and is consistent with the Biden administration’s goal to protect the rights of people in health care settings.
“That is also part of the work that we do, and we don’t believe that there’s any inconsistency in making sure that people are accessing care without discrimination,” Becerra said.
Becerra, asked during the call about the timeline for the rule, said he expects it will be made final before the end of this year and after the formal 90-day comment period.
Congress
Top Democrats re-introduce trans bill of rights
Lawmakers spoke outside US Capitol on Wednesday
U.S. Sen. Ed Markey (D-Mass.) and U.S. Reps. Pramila Jayapal (D-Wash.), and Sara Jacobs (D-Calif.) announced the reintroduction of a “Trans Bill of Rights” on Wednesday.
Despite chilling winds and snow on the ground, transgender activists, LGBTQ rights advocates, and trans-supporting lawmakers gathered outside the U.S. Capitol to announce the reintroduction of the “Transgender Bill of Rights” resolution to protect trans Americans, as the Trump-Vance administration continues to target LGBTQ Americans.
About 30 people gathered outside to hear from legislators and individuals impacted by recent White House policies.
“Today we say loud and clear that trans rights are human rights, and they must be protected every single day of every single year,” Markey told the crowd. “We stand together in solidarity with the trans community and with those who have too often been left behind by a system that refuses to recognize their humanity. We are here to ensure that every trans and gender-diverse person in America can live freely and safely and authentically. That’s what the Trans Bill of Rights is all about.”
Markey is leading the resolution on the Senate side, while Jayapal is pushing it forward in the House.
“With the Trans Bill of Rights, we are laying out a comprehensive vision to provide protections for transgender and nonbinary people — a vision that ensures every single person has a chance to thrive,” Jayapal said. “A vision that says: you are us, you belong, and you are worthy of the same rights as everyone else. This bill supports amending the Civil Rights Act to ensure that trans people have the same rights and protections as all other Americans. It creates a level playing field where trans people no longer have to fight tooth and nail to get the same treatment as their cisgender friends.”
The resolution for House and the Senate reads:
“Recognizing that it is the duty of the federal government to develop and implement a Transgender Bill of Rights to protect and codify the rights of transgender and nonbinary people under the law and ensure their access to medical care, shelter, safety, and economic security.”
Trans Legislation Tracker, an independent research organization that collects data on anti-trans legislation from the hyper-local level to the floor of the U.S. Senate, found that in 2025, 1,022 measures were proposed across the country to restrict the rights of trans Americans — from health care removals to bathroom bans.
Markey directly called out those lawmakers for what he described as discriminatory actions taken against trans Americans who, as he pointed out, are fighting for rights that everyone else is inherently given.
“Trump and MAGA Republicans have used the power of government to spread fear and hate across our country. They have tried to ban lifesaving and medically necessary health care, strip anti-discrimination protections, and turn trans lives into political talking points for their benefit. Well, we have a message for them: we are louder, we are stronger, and we are not going anywhere. We’re in this fight for the long term,” the Massachusetts senator said.
Jacobs, a co-chair of the Transgender Equality Task Force within the Congressional Equality Caucus, also spoke at the event.
“Trans Americans are being targeted just for being who they are — by laws and court decisions that try to erase them from classrooms, from courts and fields, from health care and public life. These attacks aren’t about safety or fairness,” Jacobs said. “They’re about hatred and instilling fear. And we know how quickly fear can warp into suspicion and violence with deadly consequences.”
In addition to lawmakers, trans Americans and supporters spoke.
Olivia Hunt from Advocates for Trans Equality, LaLa Zannell from the American Civil Liberties Union, as well as three additional people who have been actively harmed by the ongoing wave of anti-trans legislation, shared their stories.
Hunt emphasized the staggeringly high number of anti-trans bills being introduced in statehouses across the country — despite trans adults making up less than 1 percent of the population, according to the Williams Institute’s 2025 data.
“Since 2020, thousands of anti-LGBTQIA+ bills have been introduced in statehouses across the country,” Hunt said. “It’s a veritable tidal wave of political bullying disguised as legislation, and most of these bills specifically target transgender and nonbinary people — especially trans youth and their families. This is a moment that demands action.”
Hunt, who is trans, helps trans people in D.C. obtain legal documents that match their gender identity — something the Trump-Vance administration has stopped.
“Trans youth deserve to be protected by their government. They shouldn’t have to be protected from their government,” she said. “It’s long past time that our federal laws reflect and protect the reality and dignity of all people. Trans people have always existed — we are your neighbors, your family members, your community — and we belong.”
Zannell, who spoke proudly about her trans identity, explained why the bill is necessary and how it would protect trans people in all facets of their lives.
“I stand here as an unapologetic Black trans woman who has led this movement for over a decade to get us to moments like this. The reintroduction of the Trans Bill of Rights will aim to protect access to gender-affirming care, prevent discrimination in housing and public spaces, and preserve legal recognition,” Zannell said. “My hope is that this affirms our government’s duty to protect all trans and nonbinary people.”
The Transgender Bill of Rights is cosponsored in the Senate by U.S. Sens. Jeff Merkley (D-Ore.), Elizabeth Warren (D-Mass.), Mazie Hirono (D-Hawaii), Ron Wyden (D-Ore.), Martin Heinrich (D-N.M.), Alex Padilla (D-Calif.), Bernie Sanders (I-Vt.), and Peter Welch (D-Vt.).
In the U.S. House of Representatives, the resolution is led by Jayapal, co-led by Jacobs and U.S. Rep. Mark Takano (D-Calif.), with nearly 100 other representatives signing on as co-sponsors.
“To all trans people across the United States: you are seen, you are valued, and you are loved,” said Markey. “And I want you to know there are people who will fight for you every single day on the floor of the House and Senate to win those rights for you.”
Senegal
A dozen Senegalese men arrested for ‘unnatural acts’
Popular journalist and musician among those taken into custody
Senegalese police have charged a dozen men with committing “unnatural acts.”
The New York Times reported Pape Cheikh Diallo, a popular television reporter, and Djiby Dramé, a musician, are among the men who authorities arrested. They appeared in court in Dakar, the Senegalese capital, on Monday.
Le Soleil, a Senegalese newspaper, reported authorities arrested the men on Feb. 6 “for intentional transmission of HIV, unnatural acts, criminal conspiracy, and endangering others.” The newspaper further notes the men have been placed in “pre-trial detention.”
Senegal is among the countries in which consensual same-sex sexual relations remain criminalized.
Police in Kaolack, a town that is roughly 135 miles southeast of Dakar, in 2015 arrested 11 people who allegedly engaged in same-sex sexual acts during “a celebration of a gay marriage.” The National Assembly in 2021 rejected a bill that would have further criminalized homosexuality in the country.
Local
Local LGBTQ groups, activists to commemorate Black History Month
Rayceen Pendarvis to moderate Dupont Underground panel on Sunday
LGBTQ groups in D.C. and elsewhere plan to use Black History Month as an opportunity to commemorate and celebrate Black lives and experiences.
Team Rayceen Productions has no specific events planned, but co-founder Rayceen Pendarvis will attend many functions around D.C. this month.
Pendarvis, a longtime voice in the LGBTQ community in D.C. will be moderating a panel at Dupont Underground on Sunday. The event, “Every (Body) Wants to Be a Showgirl,” will feature art from Black burlesque artists from around the country. Pendarvis on Feb. 23 will attend the showing of multimedia play at the Lincoln Theatre that commemorates the life of James Baldwin.
Equality Virginia plans to prioritize Black voices through a weekly online series, and community-based story telling. The online digital series will center Black LGBTQ voices, specifically trailblazers and activists, and contemporary Black queer and transgender people.
Narissa Rahaman, Equality Virginia’s executive director, stressed the importance of the Black queer community to the overall Pride movement, and said “Equality Virginia is proud to center those voices in our work this month and beyond.”
The Capital Pride Alliance, which hosts Pride events in D.C., has an alliance with the Center for Black Equity, which brings Black Pride to D.C. over Memorial Day weekend. The National LGBTQ Task Force has no specific Black History Month events planned, but plans to participate in online collaborations.
Cathy Renna, the Task Force’s director of communications, told the Washington Blade the organization remains committed to uplifting Black voices. “Our priority is keeping this at the forefront everyday,” she said.
The D.C. LGBTQ+ Community Center is also hosting a series of Black History Month events.
The D.C. Public Library earlier this year launched “Freedom and Resistance,” an exhibition that celebrates Black History Month and Martin Luther King Jr. It will remain on display until the middle of March at the Martin Luther King Jr. Memorial Library at 901 G St., N.W.
