Congress
Congressional Republicans introduce ban on military service by trans Americans
White House condemned effort in exclusive statement to the Blade
U.S. Sen. Marco Rubio (R-Fla.) and U.S. Rep. Jim Banks (R-Ind.) introduced a proposal on Thursday to ban Americans who have a history or diagnosis of gender dysphoria from serving in the U.S. Armed Forces.
The lawmakers’ “Ensuring Military Readiness Act” would go further than the transgender military ban enacted in 2017 under former President Donald Trump that was revoked by President Joe Biden just five days after his inauguration in January 2021.
For example, according to a press release from Rubio’s office announcing the legislation, the measure “adds more stringent requirements and revamps the Defense Enrollment Eligibility Reporting System (DEERS) to ensure all service members’ gender markers match their biological sex.”
Rubio and Banks characterized the Biden administration’s revocation of the Trump era ban as, respectively, a move that “turned our military into a woke social experiment” and a “purely political” decision grounded in “far left ideology.”
Republican U.S. Sens. Marsha Blackburn (Tenn.), Ted Budd (N.C.), Tommy Tuberville (Ala.) and Mike Braun (Ind.) are the original cosponsors for the bill, which has been endorsed by a coalition of right-wing organizations including the Family Research Council, which the Southern Poverty Law Center has designated a hate group.
Spokespeople for Rubio and Banks did not immediately respond to questions about whether efforts would be better spent helping service members and their families with real challenges like housing affordability and food insecurity, or whether they could provide evidence that Biden’s reversal of the Trump-era ban negatively impacted the readiness or performance of the U.S. Armed Services.
The White House shared an exclusive statement to the Washington Blade on Friday afternoon:
“There are a lot of things Marco Rubio could be working on for the American people, including:
- Keeping Americans safe from gun violence with common sense gun legislation
- Lowering prescription drug prices for America’s seniors, including a universal insulin cap
- Protecting and strengthening Medicare and Social Security for America’s seniors.
But at a time when recruiting is a critical priority for our military, Sen. Rubio is instead focusing on blocking patriotic transgender Americans who would die for the United States of America from serving our country. That says a lot more about his priorities than it does about the brave transgender Americans willing to fight and die for our country.”
As Rubio and Banks announced their proposed ban on Thursday, a bipartisan group lawmakers on the Senate Armed Services Committee led by U.S. Sens. Tammy Duckworth (D-Ill.) and Lisa Murkowski (R-Alaska) reintroduced a bill that would aid service members and their families who are experiencing hunger and food insecurity.
Duckworth, a decorated combat veteran, responded to her Republican colleagues’ bill in a statement shared with The Blade on Tuesday: “This proposed ban – like Donald Trump’s transgender military ban before it – is as heartless as it is damaging to our military readiness,” she said.
“If you are willing to sacrifice for our country in uniform and you can do the job, you should have that opportunity—no matter your gender identity or sexual orientation,” Duckworth said. “Our military is the strongest in the world not in spite of its diversity, but because of it.”
She added, “I’m focused on doing more to ensure our nation is developing the talented, healthy recruits we need to meet our goals, not prevent Americans who are willing and able to serve their country in uniform.”
Other members of Congress and LGBTQ groups have come out against the Republicans’ new proposed trans military ban.
“I oppose this bill,” Democratic U.S. Sen. Tim Kaine (Va.) told the Blade in an emailed statement on Friday. “I serve on the Senate Armed Services Committee and see no reason for the military to discriminate against transgender Americans,” the senator wrote.
In 2017, Kaine urged then-Defense Secretary Jim Mattis to halt the implementation of Trump’s transgender military ban in a letter co-authored by Democratic U.S. Sens. Mark Warner (Va.) and Kirsten Gillibrand (N.Y.) that was signed by 42 of their colleagues in the chamber from both parties.
“Banning transgender people from the military is wrong and discriminatory, and it violates our national values by denying people the ability to serve simply because of who they are,” said Rodrigo Heng-Lehtinen, executive director of the National Center for Transgender Equality, in a statement to the Blade.
“Transgender Americans, just like anyone else in this country, should be judged on whether or not they can get the job done, no more, no less,” he said. “This legislation continues the harmful political attacks against our community that try to push us out of places where we live, learn and work.”
Senate Majority Leader Chuck Schumer (D-N.Y.) addressed the GOP Senators’ proposal for a new ban on transgender troops in a tweet published Friday afternoon: “President Biden stood up and undid this ridiculous MAGA Trump ban,” the senator wrote. “Whether trans or otherwise, if you’re qualified you should be permitted to serve. We honor everyone willing to risk their lives to serve our country.”
President Biden stood up and undid this ridiculous MAGA Trump ban.
— Chuck Schumer (@SenSchumer) February 17, 2023
Whether trans or otherwise, if you’re qualified you should be permitted to serve.
We honor everyone willing to risk their lives to serve our country.https://t.co/oPYSTcG1IP
The Congressional LGBTQ+ Equality Caucus also responded to Rubio and Banks’s proposal on Twitter, writing: “Just two months into the new Congress, anti-LGBTQI+ Republicans are going after our troops. Our trans servicemembers support our country’s military readiness and national security. This bill would effectively bar trans servicemembers from serving openly.”
Just two months into the new Congress, anti-LGBTQI+ Republicans are going after our troops.
— Congressional Equality Caucus (@EqualityCaucus) February 16, 2023
Our trans servicemembers support our country’s military readiness & national security. This bill would effectively bar trans servicemembers from serving openly.https://t.co/htHIOaUDOM
In addition to revoking the previous administration’s ban on trans military service, the Biden-Harris White House has taken important steps toward LGBTQ equity and equality, particularly for trans Americans, on a variety of fronts.
Issued on Thursday, the White House’s Executive Order to Strengthen Racial Equity and Support for Underserved Communities Across the Federal Government instructs the heads of U.S. federal agencies to submit Equity Action Plans pursuant to previous executive actions including Biden’s June 2022’s Executive Order on Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer and Intersex Individuals.
The new executive order notes achievements over the past couple of years including policies “prohibiting discrimination based on sexual orientation, gender identity, and sex characteristics across Federal programs” and the establishment of a National Strategy on Gender Equity and Equality.
The administration has also been lauded for the record number of LGBTQ political appointees that have been nominated and confirmed.
Among them is Adm. Rachel Levine, who was appointed to the role of assistant secretary for health and human services under the Biden-Harris administration, became the first woman four-star admiral and the first transgender four-star officer in any uniformed service when she was tapped to lead the U.S. Public Health Service Commissioned Corps in 2021.
Congress
House passes reconciliation with gender-affirming care funding ban
‘Big Beautiful Bill’ now heads to the Senate
The Republican-led U.S. House of Representatives on Thursday voted 215-214 for passage of the “One Big Beautiful Bill Act” reconciliation package, which includes provisions that would prohibit the use of federal funds to support gender-affirming care.
But for an 11th hour revision of the bill late Wednesday night by conservative lawmakers, Medicaid and CHIP would have been restricted only from covering treatments and interventions administered to patients younger than 18.
The legislation would also drop requirements that some health insurers must cover gender-affirming care as an “essential health benefit” and force states that currently mandate such coverage to find it independently. Plans could still offer coverage for transgender care but without the EHB classification patients will likely pay higher out of pocket costs.
To offset the cost of extending tax cuts from 2017 that disproportionately benefited the wealthiest Americans, the reconciliation bill contains significant cuts to spending for federal programs like Medicaid and the Supplemental Nutrition Assistance Program.
The Human Rights Campaign criticized House Republicans in a press release and statement by the group’s president, Kelley Robinson:
“People in this country want policies and solutions that make life better and expand access to the American Dream. Instead, anti-equality lawmakers voted to give handouts to billionaires built on the backs of hardworking people — with devastating consequences for the LGBTQ+ community.
“If the cuts to programs like Medicaid and SNAP or resources like Planned Parenthood clinics weren’t devastating enough, House Republicans added a last minute provision that expands its attacks on access to best practice health care to transgender adults.
“This cruel addition shows their priorities have never been about lowering costs or expanding health care access–but in targeting people simply for who they are. These lawmakers have abandoned their constituents, and as they head back to their districts, know this: they will hear from us.”
Senate Republicans are expected to pass the bill with the budget reconciliation process, which would allow them to bypass the filibuster and clear the spending package with a simple majority vote.
Changes are expected as the bill will be reviewed and amended by committees, particularly the Finance Committee, and then brought to the floor for debate — though modifications are expected to focus on Medicaid reductions and debate over state and local tax deductions.
Congress
Gerry Connolly dies at 75 after battle with esophageal cancer
Va. congressman fought for LGBTQ rights
Democratic U.S. Rep. Gerry Connolly of Virginia died on Wednesday, according to a statement from his family.
The 75-year-old lawmaker, who served in Congress since 2009, announced last month that he will not seek reelection and would step down from his role as the top Democrat on the powerful U.S. House Oversight Committee because his esophageal cancer had returned.
“We were fortunate to share Gerry with Northern Virginia for nearly 40 years because that was his joy, his purpose, and his passion,” his family said in their statement. “His absence will leave a hole in our hearts, but we are proud that his life’s work will endure for future generations.”
“He looked out for the disadvantaged and voiceless. He always stood up for what is right and just,” they said.
Connolly was memorialized in statements from colleagues and friends including House Democratic Leader Hakeem Jeffries (N.Y.), Republican House Speaker Mike Johnson (La.), former President Joe Biden, and U.S. Rep. Jamie Raskin (D-Md.).
Several highlighted Connolly’s fierce advocacy on behalf of federal workers, who are well represented in his northern Virginia congressional district.
The congressman also supported LGBTQ rights throughout his life and career.
When running for the Fairfax County Board of Supervisors in 1994, he fought the removal of Washington Blade newspapers from libraries. When running in 2008 for the U.S. house seat vacated by Tom Davis, a Republican, Connolly campaigned against the amendment to Virginia’s constitution banning same-sex marriage and civil unions in the state.
In Congress, he supported the repeal of “Don’t Ask, Don’t Tell,” the U.S. Supreme Court’s ruling on marriage equality, the Biden-Harris administration’s rescission of the anti-trans military ban, and the designation within the State Department of a special LGBTQ rights envoy. The congressman also was an original cosponsor of the Equality Act and co-sponsored legislation to repeal parts of the Defense of Marriage Act.
Congress
Marjorie Taylor Greene’s bill to criminalize gender affirming care advances
Judiciary Committee markup slated for Wednesday morning
U.S. Rep. Marjorie Taylor Greene (R-Ga.)’s “Protect Children’s Innocence Act,” which would criminalize guideline-directed gender affirming health care for minors, will advance to markup in the House Judiciary Committee on Wednesday morning.
Doctors and providers who administer medical treatments for gender dysphoria to patients younger than 18, including hormones and puberty blockers, would be subject to Class 3 felony charges punishable by up to 10 years in prison if the legislation is enacted.
LGBTQ advocates warn conservative lawmakers want to go after families who travel out of state to obtain medical care for their transgender kids that is banned or restricted in the places where they reside, using legislation like Greene’s to expand federal jurisdiction over these decisions. They also point to the medically inaccurate way in which the bill characterizes evidence-based interventions delineated in standards of care for trans and gender diverse youth as “mutilation” or “chemical castration.”
Days into his second term, President Donald Trump signed “Protecting Children from Chemical and Surgical Mutilation,” an executive order declaring that the U.S. would not “fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit” medical treatments and interventions intended for this purpose.
Greene, who has introduced the bill in years past, noted the president’s endorsement of her bill during his address to the joint session of Congress in March when he said “I want Congress to pass a bill permanently banning and criminalizing sex changes on children and forever ending the lie that any child is trapped in the wrong body.”
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