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House Republicans pass anti-LGBTQ Parents Bill of Rights Act

Measure passed by 213-208 vote margin

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U.S. Capitol Building (Washington Blade photo by Michael Key)

U.S. House Republicans on Friday passed the Parents Bill of Rights Act, a proposal that would require public schools to share educational materials with parents and also contains provisions that would trigger the outing of LGBTQ students without their consent.

Critics say the legislation’s professed purpose, to equip parents with the information necessary for them to better engage with their children’s educators, is a pretext for its ultimate goals: For schools to censor out content addressing race, or materials containing LGBTQ characters or themes, while also discouraging LGBTQ students from being out at school.

The Congressional Equality Caucus noted the likelihood of that outcome in a statement Friday denouncing the bill, which the group’s chair, U.S. Rep. Mark Pocan (D-Wis.), called “dangerous” ā€” pointing to its requirement for “schools to forcibly out transgender students, even if it puts those youth in harmā€™s way.”

“All children deserve access to a safe and affirming school environment,” Pocan said in the statement. “Transgender youth have enough challenges already due to harassment, bullying, and anti-transgender state laws,” he said, adding, “My colleagues who voted for this bill should be ashamed.ā€

House members voted 213-208 for passage of the Parents Bill of Rights, or House Resolution 5, with Republican U.S. Reps. Andy Biggs (Ariz.), Ken Buck (Colo.), Matt Gaetz (Fla.), Mike Lawler (N.Y.) and Matt Rosendale (Mont.) voting against the legislation with every Democratic member. The bill was first introduced by GOP Rep. Julia Letlow (La.).

With Democrats’ control of the U.S. Senate, movement on the bill will almost certainly be stopped once it reaches the upper chamber, but it may nevertheless still have a harmful impact on the country’s LGBTQ youth.

For example, the National Institutes of Health published a peer reviewed study last year that found a link between anti-trans legislation and ā€œsuicide and depression-related Internet searchesā€ using a dataset comprising 40 bills that were introduced and reached committee, of which three were passed and signed into law.

The caucus’ statement noted HR 5 contains “two provisions that would require schools that take steps to respect a studentā€™s gender identity to forcibly out those transgender youth to their parents” along with another that would allow parents to access their children’s answers to survey questions, answers that might include information about a student’s sexual orientation or gender identity.

The risk that their parents will be able to see their answers will incentivize many students to lie about these and other questions, which the caucus said will undermine the federal government’s ability to collect important demographic, statistical and survey data on America’s LGBTQ youth.

Exacerbating that problem is another provision in the legislation, which requires parents to “opt-in” if their children would be asked to share their sexual orientation or gender identity.

America’s largest LGBTQ advocacy organization, the Human Rights Campaign, also issued a statement Friday condemning HR 5.

“The bill, which picks and chooses which families have rights and which donā€™t, has occupied the chamberā€™s time while extremist House leaders continue neglecting the very real and urgent problems facing our schools, such as gun violence, teacher shortages and educational inequality,” the group said in its statement.

HRC also noted the legislation’s potential to trigger forcible outing of LGBTQ youth “would endanger students instead of fulfilling school officialsā€™ obligation to make judgments on a case-by-case basis in the best interests of the students under their supervision.”

The organization said it expects House Republicans to move “in coming weeks” on House Resolution 734, “a bill to ban participation by transgender youth in school sports,” and drew parallels between the Parents Bill of Rights Act and the “curriculum censorship seen in harmful, unnecessary bills passed in state legislatures recently.”

U.S. Rep. Melanie Stanbury (D-N.M.), a member of the Equality Caucus, echoed that message in her statement Friday, writing that HR 5 was “modeled after bills passed at the state level, which have censored the teaching of American history, allowed book bans, and violated the safety and privacy of transgender and LGBTQ+ students.”

The White House issued a Statement of Administration Policy on Monday addressing the bill, writing “the administration does not support HR 5 in its current form because the bill does not actually help parents support their children at school” and “moreover, instead of making LGBTQI+ students feel included in their school community, it puts them at higher risk.”

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Congress

Baldwin attacked over LGBTQ rights support as race narrows

Wis. Democrat facing off against Republican Eric Hovde

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U.S. Sen. Tammy Baldwin (D-Wis.) (Washington Blade photo by Michael Key)

As her race against Republican challenger Eric Hovde tightens, with Cook Political Report projecting a toss-up in November, U.S. Sen. Tammy Baldwin (D-Wis.) is fielding attacks over her support for LGBTQ rights.

Two recent ads run by the Senate Leadership Fund, a superPAC that works to elect Republicans to the chamber, take aim at her support for gender affirming care and an LGBTQ center in Wisconsin. Baldwin was the first openly LGBTQ candidate elected to the Senate.

The first ad concerns her statement of support for Wisconsin Gov. Tony Evers’s veto of a Republican-led bill to ban medically necessary healthcare interventions for transgender youth in the state.

Treatments require parental consent for patients younger than 18, and genital surgeries are not performed on minors in Wisconsin.

The second ad concerns funding that Baldwin had earmarked for Briarpatch Youth Services, an organization that provides crucial services for at-risk and homeless young people, with some programming for LGBTQ youth.

Baldwin’s victory is seen as key for Democrats to retain control of the Senate, a tall order that would require them to defend a handful of vulnerable incumbents. U.S. Sen. Joe Manchin of West Virginia, an Independent who usually votes with the Democrats, is retiring after this term and his replacement is expected to be the state’s Republican Gov. Jim Justice.

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EXCLUSIVE: Gottheimer, Craig introduce bill to address LGBTQ elder abuse

Legislation will be introduced this week

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U.S. Capitol
U.S. Capitol (Washington Blade photo by Michael Key)

U.S. Reps. Josh Gottheimer (D-N.J.) and Angie Craig (D-Minn.) will introduce a bill this week addressing the “rising elder abuse of LGBTQI+ individuals,” according legislation the Washington Blade previewed.

The Elder Pride Protection Act of 2024 would establish a task force through the Justice Department, with staff selected by the attorney general from the Elder Justice Initiative and the Division of Civil Rights.

They would be tasked with studying “the increased incidence of elder abuse” targeting LGBTQ individuals, developing best practices for a national approach and for state and local authorities to address these crimes, creating and distributing educational materials to raise awareness, and coordinating “the response of local, state, and federal law enforcement agencies.”

The legislation establishes that the task force would be responsible for issuance of a progress report on its work to the U.S. House and U.S. Senate Judiciary Committees.

Importantly, elder abuse as defined under the bill ranges from the use of physical force to cause harm to forced or unwanted sexual interaction, emotional or psychological abuse, the failure to meet basic needs, and financial crimes.

ā€œIā€™m incredibly excited to introduce my new legislation, the Elder Pride Protection Act, that Iā€™m leading with Congresswoman Angie Craig of Minnesota,” Gottheimer said. “No one should ever be mistreated on the basis of their sexual orientation or gender identity, especially our vulnerable elderly populations.”

The congressman added, “This legislation is a critical step in coordinating our response to this runaway abuse at the federal level.ā€

ā€œLGBTQ+ seniors paved the way for so many of the rights we have today, and theyā€™re a vital part of our communities in Minnesota,ā€ said Craig, who is the first lesbian mother elected to Congress and serves as a co-chair of the Congressional Equality Caucus.

ā€œIā€™m working to pass the Elder Pride Protection Act to help empower LGBTQ+ seniors and combat any abuse they might face,” she said.

Garden State Equality, New Jersey’s largest LGBTQ rights group noted that “for too long, elder abuse of our older LGBTQ adults has gone un- or under- reported,” adding that, “The establishment of this task force will help bridge the gap experienced by our LGBTQ elders.”

“The work of this task force, particularly the creation of uniform procedures and communication between state and federal agencies, will be formative in combating the abuse and neglect of LGBTQ elders and is critical in creating true lived equality for all Americans,” Garden State Equality said.

“SAGE is proud to support the Elder Pride Protection Act of 2024,” said Aaron Tax, managing director of government affairs and policy advocacy for SAGE, a national advocacy and services organization for LGBTQ elders.

“LGBTQ+ elders deserve to age without fear of elder abuse,” Tax said. “We applaud Rep. Gottheimer for championing the establishment of this important task force, which we hope will improve the lives of LGBTQ+ older people.”

David Stacy, vice president for government affairs for the Human Rights Campaign, said, “By establishing the ELDER Task Force, this country has the chance to affirm its commitment to addressing and preventing the abuse that this community faces all too often.”

“Congress should pass this bill and send a message that they are dedicated to ensuring every elder can live free from fear and harm,” Stacy said.

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Garcia and Lee push for insurers to provide doxy PEP for free

Lawmakers note spike in bacterial infections among LGBTQ populations

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U.S. Capitol
The U.S. Capitol building (Washington Blade photo by Michael Key)

Democratic U.S. Reps. Robert Garcia and Barbara Lee of California sent a letter on Thursday urging the U.S. Preventive Services Task Force to compel health insurers to provide free access to doxy PEP, a drug regimen for the prevention of sexually transmitted infections.

The USPSTF is an independent panel of experts in primary care and preventative medicine organized under the U.S. Department of Health and Human Services whose primary responsibility is to evaluate the evidence on the safety and efficacy of medical screenings, counseling, and preventative medications.

The lawmakers’ letter explains that in 2019, the USPSTF issued an “A-grade” recommendation for prescribing preexposure prophylaxis (PrEP) ā€” a different preventative regimen targeting HIV infections ā€” to “those at increased risk of HIV acquisition.”

As required under the Affordable Care Act, the rating meant health plans were required to offer the drug with no cost-sharing, which “has been enormously beneficial to hundreds of thousands of Americans ā€”particularly members of the LGBTQIA+ community.”

The letter points to disproportionately high rates of bacterial STIs (“chlamydia, gonorrhea, and especially syphilis”) among LGBTQ populations as well as recommendations published last month by the Centers for Disease Control and Prevention instructing providers to counsel certain patients about PEP, with the agency writing that the drug intervention requires “a focused effort for equitable implementation.”

For these reasons, Garcia and Lee said, “we respectfully ask for your full and fair consideration of a USPSTF recommendation for doxy PEP to the populations outlined in the guidelines with an ‘A’ rating,” with those populations being “gay and bisexual men, other men who have sex with men, and transgender women, and who have a history of bacterial STIs in the past 12 months.”

“Surging STIs are disproportionately impacting LGBTQ+ individuals,” Garcia, a gay co-chair of the Congressional Equality Caucus, said in a press release from his congressional office. “We must ensure that these folks have access to doxy PEP, a critical medication that can save lives and prevent these kinds of infections.”

He added, “By making doxy PEP coverage free by insurers, we can prevent infections and stop the spread of disease for those most vulnerable.”

Lee, a vice chair of the caucus, has a decades-long record of pro-LGBTQ advocacy, particularly in the healthcare space and on issues of HIV/AIDS in the U.S. and around the world.

ā€œWidespread use and education about doxy PEP could prevent thousands of bacterial STI cases every year,” she said in the press release. “However, in order to get this treatment to those who need it most, it’s imperative that doxy PEP is covered by insurance plans with no cost to patients.”

“By ensuring doxy PEP is available with grade A rating by the USPSTF, we’re taking a critical step toward promoting health equity and advancing our mission of using informed, evidence-based interventions to support those most in need,” said David Stacy, vice president of government Affairs for the Human Rights Campaign.

David C. Harvey, executive director of the National Coalition of STD Directors, said “providing healthcare providers with the guidance and encouragement they need to implement doxy PEP in accordance with the new CDC guidelines will be crucial in helping us use doxy PEP to address our out-of-control STI epidemic.”

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