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2024 already outpacing 2023 in anti-LGBTQ legislation

Number and scope of bills set to break records

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(Photo by Landon Richie)

On Wednesday, the Missouri General Assembly was slated to discuss eight anti-trans bills, from regulations barring “discrimination” against health providers who refuse to perform gender affirming care to an exclusionary “bathroom bill.”

Legislative researcher Erin Reed told the Washington Blade on Tuesday that she expects these items will leave no room for other business: “This happened last year on a number of occasions” with hearings that began at 9 a.m. and stretched past midnight.

Missouri “had one day last year where they heard several sports bans and several health care bans and then several drag bans in the same day,” she said. “The idea, I think, is to truly wear people down.”

The Show-Me State’s legislative calendar this week is almost rote: 17 days into the new year, lawmakers in Congress and in statehouses across the country are considering more than 275 anti-trans bills according to the Trans Legislative Tracker and ACLU.

With 150+ pieces of legislation that were carried over from last year and some 100+ new bills, 2024 could break records that have been set for each of the past three consecutive years. “Our count right now is 230 have been introduced this year,” Reed said, referring to new bills. “The number has been going up really quickly.”

“Across the country, state and local politicians have declared war on freedoms, including the freedom to get necessary medical care, a good education, and to simply exist without fear of violence or state-sanctioned discrimination,” Human Rights Campaign National Press Secretary Brandon Wolf told the Washington Blade.

“The result has been a crisis for millions of LGBTQ+ people, many of whom have been forced to flee their states to access basic civil liberties,” he said, adding, “The 2024 attacks on freedom are already accelerating. MAGA politicians are already doubling down on the agenda to strip transgender people of lifesaving care, ban more books, censor more curriculum, and wield state statutes as a weapon against people’s freedom to exist as their authentic selves.”

Anti-trans legislation can be difficult to categorize. Bills restricting trans young people’s ability to play on sports teams that align with their gender identity, for example, often including sweeping binary and exclusionary definitions of gender and sex.

Bans and restrictions on healthcare remain popular. Measures targeting access to medically necessary healthcare interventions that are supported by every mainstream scientific and medical organization with relevant clinical expertise have surged, totaling 179 bills in 2023 and 68 so far in 2024, according to the Trans Legislative Tracker.

Overall, compared to last year, Reed said, “the frequency of the bills is higher right now. And there are still state legislatures that are not fully in session.”

And looking ahead, the pace is unlikely to taper off as Republican presidential candidates including the party’s frontrunner, former President Donald Trump, have made anti-trans policy proposals and rhetoric cornerstones of their campaigns, Reed noted.

For instance, Florida Gov. Ron DeSantis will participate in a meeting Wednesday in South Carolina focused on “trans people in sports — and so, we’re gonna see more of these bills proposed and the heat and the pressure has ratcheted up this year,” she said.

“There’s already a lot of lack of understanding of transgender people in the United States and Republicans have taken advantage of that,” Reed said. “That lack of understanding is, I think, magnified whenever it comes to sports and whenever it comes to the expectations people have of trans people and our bodies and what we look like and who we are.”

Not only is anti-trans legislative activity outpacing that which was seen last year, but Reed said the scope of bills targeting the LGBTQ community has broadened relative to 2023.

“Some of the states might have passed a sports ban but didn’t pass a drag ban. Some of the states that passed a drag ban might not have passed a sports ban. And so now we’re seeing all of those states kind of say, ‘OK, let’s do that too.'”

At the same time, Reed said, states have expanded anti-LGBTQ laws that were passed in recent years. For example, Florida was the first to pass “don’t say gay” legislation, which prohibited classroom discussion of sexual orientation and gender identity through the fifth grade. It took effect in 2022. After other states followed its lead, last year Florida moved to enforce the law in all grade levels.

This year, Reed noted, Florida proposed a measure “that would essentially make all trans people and all people in the state of Florida sign biological sex affidavits whenever they update their driver’s licenses.”

If passed, the law would “basically end all legal recognition for trans people in the state. It takes every single place in the state law where trans people have any sort of legal recognition of their gender identity and erases it,” she said.

Reason for optimism

Toward the tail end of Missouri’s legislative sessions last year, when the general assembly was debating drag bans, the LGBTQ community and allies continued to show up, Reed said — many dressed in drag, even “at the end of the night, like one in the morning.”

She highlighted the results of the 2022 and 2023 midterm elections, where “These attacks did not work” and “most people that ran on anti-trans campaigns lost their elections — and I can name dozens of examples of this.”

Reed said she could not name a single candidate who, “running specifically on this issue as their main talking point at the end of the election” won their race.

Likewise, Wolf said, attacks against LGBTQ people are accelerating, “But the truth is: LGBTQ+ people have been here before, with fewer allies and fewer resources. We won then and we will win again now.”

He urged folks to “Show up to hearings, call and email lawmakers, organize our communities, and send a clear message: the war on freedom and equality will not win. Resistance is in our DNA. And the time for it is now.”

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Congress

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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Congress

Murkowski, Shaheen reintroduce Global Respect Act

Bill would sanction foreign nationals who commit anti-LGBTQ human rights abuses

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Then-U.S. Ambassador to Hungary David Pressman marches in the 2024 Budapest Pride parade that took place against the backdrop of the Hungarian government's continued anti-LGBTQ crackdown. The Global Respect Act would sanction foreign nationals who carry out human rights abuses against LGBTQ and intersex people. (Photo courtesy of Pressman's X account)

U.S. Sens. Lisa Murkowski (R-Alaska) and Jeanne Shaheen (D-N.H.) on Wednesday once again introduced a bill that would sanction foreign nationals who carry out human rights abuses against LGBTQ and intersex people.

The two senators have previously introduced the Global Respect Act. Co-sponsors include U.S. Sens. Chris Van Hollen (D-Md.), Chris Murphy (D-Conn.), Jeff Merkley (D-Ore.), Cory Booker (D-N.J.), Peter Welch (D-Vt.), Brian Schatz (D-Hawaii), Edward Markey (D-Mass.), Tammy Baldwin (D-Wis.), and Ron Wyden (D-Ore.)

“Around the world, individuals who are part of the LGBTQ+ community are in danger for simply existing,” said Murkowski in a press release. “Hate and violence cannot and should not be tolerated. I’m hopeful that this legislation will establish actionable consequences for these inexcusable human rights violations, and create a safer world for all people — regardless of who they are or who they love.” 

Shaheen in the press release notes “the risk of personal harm for LGBTQI individuals for publicly identifying who they are or expressing who they love has tragically increased in recent years.”

“Human rights, as defined by the Universal Declaration of Human rights, recognizes that global freedom, justice, and peace depend on ‘the inherent dignity’ and ‘the equal and inalienable rights of all members of the human family,” said the New Hampshire Democrat. “LBGTQI human rights are universal human rights. We must ensure that we hold all violators of those rights accountable.” 

The promotion of LGBTQ and intersex rights abroad was a cornerstone of the Biden-Harris administration’s foreign policy.

The current White House has suspended most foreign aid. The elimination of these funds has left the global LGBTQ and intersex rights movement reeling.

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Congress

Garcia elected top Democrat on the House Oversight Committee

Gay Calif. lawmaker vows to hold Trump-Vance administration accountable

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U.S. Rep. Robert Garcia (D-Calif.) (Washington Blade photo by Michael Key)

U.S. Rep. Robert Garcia (D-Calif.) on Tuesday was elected top Democrat on the House Oversight Committee in a vote that signaled the conference’s overwhelming support for a newer voice on Capitol Hill who will play a key role taking on President Donald Trump.

With a margin of 150-63, the 47-year-old openly gay congressman defeated U.S. Rep. Stephen Lynch (D-Mass.), alongside U.S. Reps. Jasmine Crockett (D-Texas) and Kweisi Mfume (D-Md.) who exited the race after the House Democratic Steering and Policy Committee backed Garcia.

Serving only since 2023, the congressman has had a remarkably quick ascent leading up to his election this week as ranking member of one of the most powerful House committees, awarded a leadership position serving under House Democratic Whip Katherine Clark (Mass.) and selected as a co-chair of former Vice President Kamala Harris’s 2024 presidential campaign.

Democratic members began jockeying for the top seat on the oversight committee this spring after the late-U.S. Rep. Gerry Connolly of Virginia stepped away amid news that his esophageal cancer had returned. He died in May.

Connolly last year fended off a challenge from one of the most well known House Democrats, U.S. Rep. Alexandria Ocasio-Cortez (N.Y.), though with a narrower margin that signaled intra-party tensions over whether leadership roles should still be awarded based on seniority.

Garcia positioned himself as a bridge between the two camps — a consensus candidate with executive managerial experience as the former mayor of Long Beach, Calif. At the same time, particularly since the start of Trump’s second term, the congressman has emerged as one of the most outspoken critics of the new Republican regime.

In a statement on X Tuesday, Garcia thanked his colleagues and promised to “hold Donald Trump and his administration accountable.”

If Democrats win control of the House next year, the oversight committee will be able to exercise powers that are now available only to Republicans under the chair, U.S. Rep. James Comer (R-Ky.), which include the authority to investigate virtually any matter across the federal government, to issue subpoenas, and to compel testimony.

In the meantime, Garcia on Monday promised that Democrats on the committee would “vigorously fight” Republican Speaker Mike Johnson’s (La.) plans “to dismantle the Government Accountability Office.”

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