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Department of Education’s draft Title IX rule draws mixed reactions

Public comment period to come

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U.S. Department of Education headquarters in D.C. (Photo courtesy of GSA/U.S. Department of Education)

The U.S. Department of Education has drawn mixed reactions over its issuance on Thursday of a Notice of Proposed Rulemaking for a draft regulation governing the eligibility frameworks for transgender athletes who compete on school sports teams.

According to an agency fact sheet, the proposal would affirm “that policies violate Title IX when they categorically ban transgender students” from participating on teams that align with their gender identity.

However, if the policy is adopted as written, schools may implement criteria that — in some circumstances and when certain conditions are met — may be used to prohibit these student athletes from competing.

“At this time, the department is only issuing a proposed rule, which does not require changes in policies or practices by recipients of federal funding,” an agency spokesperson told the Washington Blade in an emailed statement.

“We look forward to comments from states and others during the public comment period,” the spokesperson said, adding, “Title IX is the law of the land, and all federally funded education programs and activities must comply with Title IX and the department’s regulations implementing Title IX.”

Public comments on the draft proposal will be solicited for 30 days beginning when the document is published in the Federal Register, and interested parties are urged to provide input via the Federal eRulemaking Portal.

Under the proposed policy, schools could lawfully limit the participation of trans athletes “in some instances, particularly in competitive high school and college athletic environments,” including for purposes of “ensuring fairness in competition or preventing sports-related injury.”

However, such eligibility criteria must “minimize harms to students whose opportunity to participate on a male or female team consistent with their gender identity would be limited or denied” while considering “differences in grade and education level, level of competition, and sports.”

The fact sheet indicates that “the proposed regulation supports Title IX’s nondiscrimination requirement, while providing flexibility for schools to achieve important educational objectives through their athletic program.”

For purposes of limiting or denying eligibility, schools may include criteria such as “a sex marker or an identification document, such as a birth certificate, passport or driver’s license,” as well as other means of collecting this information like “physical examinations or medical testing or treatment related to a student’s sex characteristics.” 

Proposal earns criticism and support from Democrats and trans stakeholders

“The National Center for Transgender Equality applauds the Department of Education for acknowledging in this proposed rule that categorical bans on participation in school sports based on transgender status are inappropriate, unlawful and fundamentally un-American,” the group’s president, Rodrigo Heng-Lehtinen, said in a statement Friday.

“While there is still more to be accomplished surrounding this proposal, we appreciate the robust action of the Department of Education,” Heng-Lehtinen said, adding, “NCTE looks forward to submitting public comments, as well as working alongside the administration to further remove these inappropriate barriers, allowing for equal participation by transgender youth.”

U.S. Rep. Mark Pocan (D-Wis.), chair of the Congressional Equality Caucus, issued a similar statement on Thursday in which he and the caucus pledged to “continue to further analyze this rule and what restrictions may or may not be permitted.”

“We will be providing our feedback to the Department of Education to ensure trans students are afforded their full civil rights protections under Title IX,” Pocan said.

GOP lawmakers like U.S. Rep. Greg Steube (R-Fla.) — who introduced a federal ban that would prohibit all trans women and girls from participating in sports teams consistent with their gender identity — denounced the proposal as an attempt to “erase women’s sports.”

Shannon Minter, Legal Director of the National Center for Lesbian Rights, tweeted praise for the Department’s move, writing: “As a transgender lawyer who has represented many transgender athletes over the past 20 years, I appreciate this proposed rule, which will be a huge help in challenging state bans that are devastating for trans kids.”

Minter also re-tweeted an article by Slate’s Mark Joseph Stern, who wrote, “It is clearly designed to survive a legal challenge by locating a middle ground that grants protections to transgender students that are strong but not absolute.”

Stern’s piece called the rule “certainly a huge improvement from the Department of Education’s bigoted position under former President Donald Trump,” adding that “LGBTQ advocates expect much more of Biden, and any apprehension about the rule’s less-than-complete support for equality is understandable.”

Meanwhile, Democratic Congresswoman Alexandria Ocasio-Cortez (D-N.Y.) slammed the draft rule on Twitter, urging the Biden administration to “walk this back.”

Some trans activists, including legislative researcher Erin Reed, also spoke out against the proposed rule, arguing it would provide pathways for schools to implement discriminatory policies while incentivizing intrusive gender policing of female student athletes.

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Congress

Lindsey Graham has passed away. Do LGBTQ people have a right to celebrate his death?

SC senator opposed marriage equality, despite speculation over sexual orientation

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The late-U.S. Sen. Lindsey Graham (R-S.C.) in 2022. (Washington Blade photo by Michael Key)

Uncloseted Media published this article on July 16.

By SPENCER MACNAUGHTON | On Sunday, the office of Lindsey Graham reported that the Republican senator and Trump ally from South Carolina died “from a brief and sudden illness.” The office said that the preliminary cause of death was a rupture of his aorta due to a hardening of his arteries.

Since then, many folks in the LGBTQ community, including a large number of Uncloseted followers, have — for better or worse — celebrated the senator’s death. When we posted the news on our Instagram page on Sunday, our followers commented:

  • “Maybe he rest in hell”—this one got 194 likes.
  • “She made sure to wait until Pride was over.”
  • “And just like that the world is a better place.”

These responses are fueled by allegations that the senator lived as a closeted gay man while supporting policies that would roll back LGBTQ rights. In 2006, he voted in support of a constitutional amendment that would have restricted marriage to only being between one man and one woman. After gay marriage became legal across the U.S. in 2015, he said “I am a proud defender of traditional marriage.” And in 2022, he told CNN he would oppose the Respect for Marriage Act and later reiterated that states should decide the issue of marriage.

Outside the Washington rumor mill, there wasn’t much evidence that Graham could be gay until 2020, when adult video performer Sean Harding wrote on Twitter that “There is a homophobic republican senator who is no better than Trump who keeps passing legislation that is damaging to the lgbt and minority communities. Every sex worker I know has been hired by this man. Wondering if enough of us spoke out if that could get him out of office?”

Harding followed up with another post, writing “If you’d be willing to stand with me against LG please let me know,” and, “So far I have two individuals who would be willing to go public and support my claims. Anyone else?”

A few days later, another anonymous sex worker came forward and made similar allegations.

But after that, there was silence, with some believing these sex workers were slapped with non-disclosure agreements (NDAs). And while at least one lawyer took to Twitter saying that he’d “be more than happy to read the NDAs and look for loopholes. For free!” nobody else came forward.

That is until earlier this week, when author Jesse James Rose posted to her Instagram that Graham had paid her for sex work prior to her gender transition. Rose wrote that “Most of you know him as the homophobic senator from South Carolina but to me he will always be the man who paid a twinky pre-transition college student a fat stack of cash to do unspeakable things to him in a hotel room while he wore red lingerie.”

This dynamic has created a complicated question for LGBTQ people: Is it appropriate to posthumously celebrate the death of a man who railed against our community and used his position of power to make our lives less equitable and less safe? Is it even more fair to criticize him if he was living a secret queer life?

Or should we go high and give his track record on LGBTQ issues a positive spin now that he’s no longer with us?

In a time where social media feels like a breeding ground for angertainment, I’ll admit that the immediacy of the response to his death at first felt intense.

At the same time, I knew I didn’t want to send thoughts or prayers to a man who tried to rip my rights away.

If the alleged NDAs that Graham handed his sex workers were legitimate, they likely evaporated after his death. So now really may be the first time people can speak their truth and offer an accurate window into the absurd hypocrisy between Graham’s public and private life.

For that, I think it’s fair game to speak candidly about the story he may have worked hard to muzzle while he was here.

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Congress

Political drama in Angie Craig’s Minn. Senate race heats up

Lesbian lawmaker running to succeed retiring U.S. Sen. Tina Smith

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U.S. Rep. Angie Craig (D-Minn.) in 2024. (Washington Blade photo by Michael Key)

After an historic and expensive July 4th fireworks display capped Donald Trump’s self-indulgent commemoration of America’s 250th birthday, voters are now watching state races explode into political pyrotechnics as Democrats fight to win majorities in Congress and Republicans plan to keep buying power.

With the midterm elections just over three months away and several primary races still undecided, most pundits predict the decline in Trump’s approval ratings will result in Democrats winning the House, if infighting doesn’t turn off voters.

Democrats’ dream of taking the U.S. Senate, however, turned into a nightmare with the scandalous Graham Platner debacle in must-win Maine. Energized party leaders hope to put on a master class in democracy as they pick a new candidate before July 27.

The hike to Senate victory is still steep. Republicans have a 53-47 advantage — meaning Democrats must win eight of 11 competitive races, including defending seats currently held in Minnesota, Michigan, New Hampshire, and Georgia, for a net gain of four seats.

LGBTQ people intent on reversing Project 2025’s prolific erasure might focus on lesbian U.S. Rep. Angie Craig’s race in Minnesota.

With the retirement of Democratic U.S. Sen. Tina Smith, The Cook Political Report’s out guru Amy Walter labeled the open seat “likely” Democrat but with only a +3-point advantage.

New York Times Polling data reporter Alex Lemonides notes that “Trump lost Minnesota by four percentage points in 2024, and Minnesotans have not sent a Republican to the Senate since the 2002 midterms, so a Republican win in the general election would buck the trend.”

But this whole election cycle is about bucking trends. With so many Democratic Socialists defeating establishment candidates, “socialist” is no longer a slur, forcing Trump to switch to the old Cold War charge of Communist!

In Minnesota, U.S. Sen. Bernie Sanders (I-Vt.)-backed candidate Lt. Gov. Peggy Flanagan is out-polling Craig, a more centrist Democrat who flipped a battleground House seat in 2018. Their primary is on Aug. 11.

Republicans are salivating over challenging Flanagan for her administrative role in the scandal that forced Gov. Tim Walz to forgo a third term and deal with widespread fraud in social programs.

Former NBC’s Sunday Night Football sideline reporter and current political podcaster Michele Tafoya has a built-in “bro” audience. The announcement of her Republican candidacy was featured on ESPN.com.

“As Minnesota’s senator, I will clean up the system, fighting corruption, ending the fraud, and protecting your tax dollars,” Tafoya said. “I will protect what’s fair and safe, standing with our law enforcement officers, deporting dangerous criminals, and keeping female sports for female athletes.”

Craig responded quickly. “Trump’s hand-picked candidate just jumped in the race for U.S. Senate,” she said on social media. “Minnesota needs a Senator who will stand up and fight for our state – and we know it won’t be MAGA Michele.”

Craig tells LGBTQ+ Freedom Fighters that she has been happy to represent Minnesota’s Second Congressional District in the U.S. House of Representatives since 2019. Now she wants to represent the entire state as a U.S. senator.

“The state of Minnesota has been so good to me and my family,” says Craig, who chose to move to the state because it would accept her family.

Craig grew up in a mobile home park in Arkansas, one of three children of a single mother. She worked her way through the University of Memphis, earning a degree in journalism, and became a reporter with the Memphis Commercial Appeal.

She has a long history of fighting for LGBTQ rights, including her own. In the late 1990s, while living in Tennessee, Craig and her then-partner, Debra Langston, adopted their first son, Joshua. Under Tennessee law at the time, only one of them could be recognized as an adoptive parent; Craig was listed as Langston’s roommate.

The birth mother wanted the couple to have Joshua, but her parents intervened, seeking to adopt him. The courts had to decide if Langston and Craig were “fit” parents. One appellate court judge objected to the boy being raised by “open, practicing lesbians,” but his two colleagues disagreed, and Langston and Craig won the precedent-setting case in 2000, albeit with lots of caveats.

“The issue in this case is not whether the members of this court approve the homosexual lifestyle or the adoption of children by homosexuals, but rather whether the adoption of this child by this prospective parent is in the child’s best interest. As in any adoption case, the determinative issue was and remains what is in the child’s best interest,” wrote Judge Alan E. Highers in his opinion concurring with the majority in ruling In re: ADOPTION OF M.J.S. in the Tennessee Court of Appeals.

By then, Craig was working in corporate communications for Smith & Nephew, a multinational maker of medical equipment, and the couple had another son, Jacob, born to Craig through alternative insemination. She and her family moved to London, where the company was based, in the early 2000s. They returned to the U.S. in 2005; Craig went to work for another medical equipment company, St. Jude Medical, in the suburbs of Minneapolis. She later said it was the least lucrative job offer she had, but she took it because she knew the area was welcoming to LGBTQ people.

Craig and Langston separated in 2006, and Craig married Cheryl Greene in California in 2008. They have four sons and three grandsons, with a fourth on the way. Greene is a former middle school teacher still involved with youth programming.

Craig worked for LGBTQ equality within her company and for statewide marriage equality in Minnesota. She also fought against an anti-marriage equality constitutional amendment in 2012, which voters rejected. The state legislature passed a marriage equality bill the following year that Gov. Mark Dayton signed into law.

In 2016, when she ran for Congress in Minnesota’s 2nd District, a Republican stronghold for more than a decade, she told the Twin Cities Pioneer Press that the fight for custody of Joshua gave her strength.

“Whether I win or lose on Election Day, I know that that won’t be the hardest thing or the biggest challenge that I’ve ever faced,” said Craig, then 44. “When you get up every day and wonder, ‘Am I going to (still) have my child the next day?’ you get pretty good at being focused on the big picture.”

“I’ve always talked about my family openly” on the campaign trail and in office, Craig, co-chair of the Congressional Equality Caucus, tells LGBTQ+ Freedom Fighters. Often at events in her district and around the state, she’ll meet someone who mentions they have an LGBTQ family member, she notes. She finds that if she listens to constituents and addresses what’s important to them, her identity isn’t an issue.

What Craig has addressed for constituents includes health care costs, such as capping the out-of-pocket cost of insulin and limiting overall out-of-pocket drug costs for people on Medicare. These came from a bill introduced by Craig and became provisions of the Inflation Reduction Act, signed into law by President Joe Biden in 2022. She also wants a public option for health insurance, an increased child tax credit, and she introduced a bill to eliminate federal taxes on Social Security benefits.

U.S. Rep. Angie Craig (D-Minn.) campaigning (Photo via Angie Craig for Minnesota)

In a June 19 SurveyUSA poll, Minnesotans say their single most important issue is inflation (39%) and cost of living, followed by health care, immigration, gas prices, and the war in Iran.

But immigration may soon jump to the front as more information leaks out about U.S. Immigration and Customs Enforcement agents shooting and killing Lorenzo Salgado Araujo during a traffic stop in Houston on Tuesday morning, July 9. Homeland Security says the father, with no criminal record, driving to work, ignored verbal instructions and tried to ram their vehicle. ICE shot him in self-defense — the same excuse ICE used on Jan. 7, 2026, when an ICE agent killed nonviolent protester Renee Good. In both instances, video footage proved ICE lied.

Also caught on tape was Craig’s angry confrontation with Republican Majority Whip Tom Emmer (R-Minn.) on the House floor the day Good was killed after Emmer supported ICE on social media. The story and her response went viral.

But Craig continues to be criticized for voting for the Laken Riley Act, named for a woman who was killed by an undocumented immigrant. It allows for undocumented immigrants to be detained or deported if they are simply accused of crimes, even nonviolent ones. Critics say she has never apologized — but she has.

In a commentary for The Minnesota Star Tribune in May, Craig wrote, in part:

“The text of the bill did not include the word deportation. I made the difficult decision to vote for it. Democrats like Sens. Mark Kelly and Ruben Gallego, Raphael Warnock and Jon Ossoff — leaders I deeply respect — all came to the same conclusion.

But as I stood side by side with protesters on the streets of Minneapolis and opposite dozens of armed Immigration and Customs Enforcement agents at the Whipple Federal Building after Renee Good’s killing — and again after the killing of Alex Pretti — I couldn’t help but question whether I made the right call last year … It’s also become clear that supporting any bill that gives ICE new authority in this administration was the wrong decision. And I regret my vote.”

“What happened under Operation Metro Surge was horrific,” Craig tells LGBTQ+ Freedom Fighters. The U.S. can secure its borders in a humane fashion while providing a path to citizenship for undocumented people, those brought here as children, and others, she adds.

On LGBTQ rights, Craig says the Equality Act has been a huge priority of hers in the House and would remain so in the Senate.

Since 2019, Craig has introduced the John Lewis Every Child Deserves a Family Act that “would ban discrimination based on sexual orientation, gender identity, religion or marital status in those programs, prohibit the use of federal funds for so-called ‘conversion therapy’ and create a resource center for LGBTQ+ foster and adoptive youth within the Department of Health and Human Services’ Administration for Children and Families,” according to a press release.

U.S. Rep. Angie Craig (D-Minn.) campaigning. (Photo via Angie Craig for Minnesota)

Another priority is passage of the John R. Lewis Voting Rights Advancement Act, named for the late civil rights activist and longtime congressman. “I was lucky enough to serve with John Lewis,” she says.

Additionally, Craig supports campaign finance reform. The recent U.S. Supreme Court ruling that further loosened restrictions was “just another blow to our democracy,” she says. She supports limits on Supreme Court terms.

On foreign policy, she condemns Trump’s war of choice in Iran. “The administration has had zero strategic objectives,” she says, adding that the war has caused “tremendous economic damage,” such as the spike in gas prices.

And though Craig supports a two-state solution to the ongoing Israel-Palestinian conflict, with Palestinians having their own state, her campaign does not accept direct donations from AIPAC’s political action committee — the pro-Israel group held fundraisers for her before her Senate announcement — another point exploited by primary opponent Flanagan.

On gender-affirming care for transgender youth, Craig says politicians should not interfere with decisions made by young people and their parents. Regarding trans girls and women in sports, she says the matter is best handled locally — and that local conversations can foster understanding.

But Craig has had a strong public reaction to federal transphobia. After that, then-U.S. Reps. Tulsi Gabbard (D-Hawaii) and Markwayne Mullin (R-Okla.) introduced the Protect Women’s Sports Act in December 2020. Craig released the following statement:

“As a lesbian woman, I am no stranger to prejudice and intolerance — but this legislation is beyond the pale. Plain and simple, the Protect Women’s Sports Act is transphobic — and this type of discrimination has no place in the halls of Congress. Especially at a time when the transgender community is suffering from a tragic rise in suicide rates and experiencing a surge of transphobic violence, such a bigoted and appalling effort is simply unacceptable. Queer and transgender women must stand together in the face of intolerance — and I am proud to do so today by emphatically denouncing this narrow-minded and hateful legislation, which is harmful not only to transgender women but to the LGBTQ community at-large.”

Craig has been endorsed by prominent LGBTQ groups, including the LGBTQ+ Victory Fund, the Human Rights Campaign PAC, Equality PAC, and LPAC. She has also been endorsed by Minneapolis Mayor Jacob Frey and St. Paul Mayor Kaohly Her, plus many nationally known political figures, such as former Transportation Secretary Pete Buttigieg, U.S. Sen. Tammy Baldwin (D-Wis.), House Speaker Emerita Nancy Pelosi (D-Calif.), and House Democratic Leader Hakeem Jeffries (D-N.Y.).

Flanagan has the endorsement of Smith and her predecessor, Al Franken, Minnesota Attorney General Keith Ellison, and, from outside the state, U.S. Sen. Elizabeth Warren (D-Mass.) and Sanders, among others. U.S. Sen. Amy Klobuchar of Minnesota and the state’s governor, Tim Walz, so far haven’t made endorsements.

“I’m ready on day one” to serve in the Senate, says Craig, noting her four terms in the House, her substantial career before going into politics, and her two votes to impeach Trump. “If we can take the House and Senate, we can put a cap on this administration.”

This is a cross-post from Karen Ocamb’s LGBTQ+ Freedom Fighters Substack.

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Congress

Lindsey Graham dies at 71

Republican SC senator passed away ‘from a brief and sudden illness’ on Saturday

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U.S. Sen. Lindsey Graham (R-S.C.) at now former Attorney General Pam Bondi's 2025 confirmation hearing. (Washington Blade photo by Michael Key)

U.S. Sen. Lindsey Graham (R-S.C.) died suddenly on Saturday.

The South Carolina Republican’s office in a statement said Graham, 71, “passed away from a brief and sudden illness.” The Washington Post reported first responders responded to Graham’s Washington home on Saturday and transported him to a local hospital.  

Graham had been in the U.S. Senate since 2002.  

The close Trump ally was running for re-election. Graham died a day after he returned to the U.S. from Ukraine.

Speculation over Graham’s sexual orientation persisted during his tenure.

The Washington Blade will update this story.

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