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Massive defeat for anti-trans, anti-LGBTQ riders in spending bill

Proposal has only one rider that would target community

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

On Thursday, Congress unveiled the much-anticipated spending bill to avert a government shutdown. The bill, which includes funding for major government departments such as Health and Human Services and Education, featured fierce negotiations over conservative ā€œpolicy riders.ā€ 

These policy riders included bans on coverage for gender-affirming care, DEI bans, sports bans and more. Despite some indications that Democrats might compromise due to the sheer number of conservative policy riders, it appears those fears did not come to fruition. Democrats held firm in negotiations, and the most impactful anti-trans and anti-LGBTQ riders were nowhere to be found.

One policy rider proposed for the Food and Drug Administration would have defunded any hospital that ā€œdistributes, sells or otherwise uses drugs that disrupt the onset of puberty or sexual development for those under 18,ā€ a measure targeting not only transgender youth but also those experiencing precocious puberty. 

Another rider sought to bar any government funding toward ā€œsurgical procedures or hormone therapy for the purposes of gender-affirming careā€ in the Department of Health and Human Services. This move would have significantly impacted private and subsidized insurance in the Healthcare Marketplace. It also aimed to bar the enforcement of President Joe Bidenā€™s executive order titled ā€œPreventing and Combating Discrimination on the Basis of Gender Identity,ā€ which broadened anti-discrimination protections for trans individuals.

Additional riders included bans on funding for any organization thatĀ ā€œpromotes transgenderism,ā€Ā Title IX protections for trans youth, bans on legal challenges against states over anti-LGBTQ+ laws, book bans, DEI bans and more.

In total, over 40 riders were proposed and negotiated in the spending bills. None of these were found in the final bill.

Ultimately, the final spending bill released contained only a single anti-LGBTQ rider: A ban on Pride flags being raised or displayed above foreign embassies. The policy, while certainly qualifying as anti-LGBTQ and a regression to Trump-era policies, notably does not bar personal displays of Pride flags by embassy workers.

In the past, some embassies have gotten around such bans by not ā€œflying a flag over the embassyā€ but rather, painting portions of the embassy in rainbow colors or draping flags on the side of buildings.

News of the defeat of the most impactful anti-trans and anti-LGBTQ riders comes after a significant push from Equality Caucus Democrats and the Biden administration against the riders. ā€œAs you negotiate government funding for Fiscal Year 2024 (FY24), we write to strongly urge you to reject any attempts to include anti-LGBTQ+ provisions in any final FY24 funding agreement,ā€ said a letter signed by 163 representatives on behalf of the Congressional Equality Caucus to the Biden administration.

However, Republicans also pushed hard for their inclusion. In a shutdown threat issued Feb. 21 from the House Freedom Caucus, Republicans indicated that bans on gender affirming care and trans participation in sports were necessary to prevent a potential shutdown.

Previously, U.S. Dan Crenshaw (R-Texas) stated that such bans are the “hill we will die on.” In a report published by Axios, one Republican lawmaker stated, ā€œPeople are predicting a shutdown even if it’s just for a few days.ā€ Others concurred, citing gender affirming care riders as one of the potential reasons for such a shutdown.

Many anti-LGBTQ leaders in the Republican Party reacted negatively to the bill. U.S. Rep. Matt Gaetz (R-Fla.)Ā expressed angerĀ at funding for the New Jersey Garden State Equality in Education Fund, calling it ā€œforce feeding the LGBT agenda in schoolsā€ and stating that it enables ā€œgender mutilation surgeries in minors,ā€ ā€œbiological menā€ in womenā€™s bathrooms and trans participation in sports.

U.S. Rep. Marjorie Taylor Greene (R-Ga.) decried the lack of a DEI ban. U.S. Rep. Andrew Clyde (R-Ga.) stated that Republicans ā€œsurrenderedā€ to Democrats on hormone therapy. The House Freedom Caucus published a lengthy list of healthcare and equality centers that the budget would fund, urging the GOP to vote ā€œnoā€ and to shut down the government.

In a press release published by House Appropriations Democrats, they stated that the bill rejected over a hundred poison-pill riders, many of which targeted LGBTQ people. For example, the Labor-HHS-Education portion of the bill blocked provisions around gender affirming care, sports bans and nondiscrimination.

See the House Appropriations Democrats statement:

Press release, House Appropriations Democrats on Labor-HHS-Education

The bill must pass by Friday evening to avert a government shutdown, though the impacts of such a shutdown would likely not be felt until Monday. If passed, the bill would keep the government funded through September, at which point all of the riders could resurface during the peak of the 2024 presidential election.

However, for the next several months, LGBTQ riders will not pose a significant threat in a year where trans and queer individuals have faced attacks at historic levels.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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Congress

Sarah McBride named House Democratic deputy whip for policy

House Republicans escalate transphobic attacks against her

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U.S. Rep. Sarah McBride (D-Del.) (Washington Blade file photo by Michael Key)

House Minority Whip Katherine Clark (D-Mass.), the second highest-ranking Democrat in the lower chamber, has selected newly seated freshman U.S. Rep. Sarah McBride (D-Del.) to serve as her deputy whip for policy.

The high profile role will involve “strategic, long-term planning, and coordination on policy,” according to a press release from McBride’s office announcing the appointment.

ā€œMy number one priority in Congress is helping to lower costs facing Delawareans and American families,ā€ the congresswoman said. ā€œWe can do this by guaranteeing paid family and medical leave, lowering the cost of childcare and restoring the child tax credit.”

McBride added, “I look forward to working alongside my Democratic colleagues to prioritize common sense solutions to making it more affordable to raise a family. Iā€™m grateful to Democratic Whip Katherine Clark for this opportunity and for her steadfast leadership and mentorship.ā€

In a statement on X, she said, “I’m thrilled to be named a deputy whip for Policy in the 119th Congress, advising House Democratic Leadership on policy priorities and plans for our caucus. Just as I was in the state Senate, I remain focused on lowering the cost of housing, health care, child care, and helping families make it through the inevitable challenges of life.”

Last week, McBride became the first freshman Democrat to introduce a bill, together with U.S. Rep. Young Kim (R-Calif.), which targets scams by companies that take large fees from consumers in exchange for “empty promises” to improve their credit scores.

When serving in the Delaware state senate, McBride sponsored the Healthy Delaware Families Act, which was signed into law in 2022 and allows Delawareans to take a 12-week paid family or medical leave, receiving up to 80 percent of their current wages.

“Care infrastructure” will remain a major focus for the congresswoman’s work moving forward, along with policies in areas like investment in green technologies, Medicare reforms, expanding access to quality health care including reproductive care, empowering labor unions, gun violence prevention, and more.

The congresswoman worked on Beau Biden’s campaign for Delaware attorney general in 2010, and in the years since has maintained a close personal relationship with President Joe Biden and the Biden family. (Beau, the president’s eldest son, died of glioblastoma in 2015.)

House Republicans escalate their transphobic attacks against McBride

McBride is transgender, becoming the first trans speaker to address a major party convention in 2016, the trans state senator with her first election to public office in 2020, and the first trans member of Congress with her election to represent Delaware’s at-large congressional district in 2024.

While she has not shied away from acknowledging the significance of her position as the first and the only voice in Congress representing her community, McBride has repeatedly emphasized that she did not run for office to be ā€” as a recent profile in the Washington Post put it ā€” “a symbol, or a spokesperson, or the first anything.”

Her focus, rather, is on delivering results for her constituents in Delaware.

ā€œIā€™m here to be a serious person,ā€ she told the Post. ā€œAnd if there are people here who donā€™t want to be serious, then they can answer to their constituents.ā€

McBride’s arrival in Washington comes as national Republicans have made anti-trans policy and legislation a greater priority than ever before, while transphobia and the use of transphobic hate speech by conservative elected leaders escalates into dangerous territory.

Responding to the news of McBride’s appointment to lead policy development for her party under the Democratic whip, U.S. Rep. Marjorie Taylor Greene (R-Ga.) said, in a post on X, “Democrats just put a mentally ill congressman, who parades himself as a congresswoman to thrill his disturbing sexual fetishes, in charge of democrat policies.”

The bigoted attacks by House Republicans began before the first transgender member of Congress was even seated, from deliberate misgendering and the use of her birth name to the proposal barring trans women from women’s restrooms in the Capitol building, which was drafted by U.S. Rep. Nancy Mace (R-S.C.) in direct response to McBride’s election and subsequently enacted by House Speaker Mike Johnson (R-La.).

Before she was elected, McBride sought to mitigate the risk that her use of public women’s bathrooms on the Hill might draw unwanted attention or interest, privately making arrangements with Democratic leadership to instead use facilities in the Capitol suites reserved for Clark and Minority Leader Hakeem Jeffries (R-N.Y.).Ā 

Mace introduced the bathroom ban on Nov. 19 and, in the days and weeks since, availed herself of every chance to discuss the matter with Capitol Hill reporters, on cable news programs, and on her X account ā€” where, according to Newsweek, the congresswoman had published 326 posts or replies about the resolution within just the first 72 hours.

Last month, Mace filmed herself reading the Miranda warning with a megaphone to activists who were arrested for staging a demonstration against her bathroom rule outside Johnson’s office, later sharing the video on X mocking the protestors with an anti-trans slur.

McBride declined to comment or engage beyond saying that she would comply with the policy. In response to criticism that she ought to have pushed back more forcefully, she told NBC News, ā€œThe point of this bathroom ban was to bait me into a fight, was to diminish my capacity to be an effective member of Congress by turning me into a caricature.ā€

ā€œI refuse to give them that opportunity or that response that they seek,” McBride said, adding that allowing herself to be baited would “not do the trans community any good” either. “That is what they want. There is power in not giving people what they want.ā€

This week, a video from 2019 in which McBride is seen reading to students in a classroom and leading a discussion about the importance of respecting their gender diverse peers was circulated on X by the anti-LGBTQ account Libs of TikTok.

Mace responded in a post that began by proclaiming “she is a he” and asserted without evidence that McBride “appears to be grooming young children” for sexual abuse, while Greene falsely accused her Democratic colleague of being a “groomer” and “child predator.”

As an anti-trans/anti-LGBTQ moral panic has taken hold in the U.S. and escalated over the past few years, conservatives including several U.S. lawmakers have revived the dangerous and baseless lie that trans people and gay people are inclined toward pedophilia or child sexual abuse or “grooming,” which refers to the practice of priming a victim, usually a minor, for sexual abuse or exploitation.

Experts, including organizations like the Rape, Abuse and Incest National Network, say this rhetoric can put children at greater risk by stealing the focus away from efforts to identify actual cases of abuse while also diminishing the experiences of survivors.

This specific form of transphobic and homophobic hate speech was more common in the 1970s and 80s but until recently was considered out of bounds for mainstream political discourse.

McBride so far has not addressed the posts from Mace and Greene. Her office did not respond to a request for comment on the matter last week.

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Congress

House bans trans students from competing on girls’ and women’s sports teams

Texas Democrats Henry Cuellar and Vicente Gonzalez voted for bill

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House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

The U.S. House of Representatives on Tuesday voted 218-206 to pass a bill that would ban transgender students from competing in girls’ and women’s sports in elementary school through college.

Fiery exchanges erupted on the House floor, with conservatives in many cases using anti-trans language and Democrats, including several openly LGBTQ members, arguing that the bill is harmful to children, discriminatory, and unnecessary.

The decision by House Republican leadership to bring the Protection of Women and Girls in Sports Act to the floor on just the second week in which the 119th Congress is in session signals the majority’s appetite for legislation targeting trans rights and the extent to which the issue will remain a major focus and priority for conservative leadership in the Capitol and, beginning next week, in the White House.

All Republicans who were present voted in favor of the bill, while all Democrats voted no ā€” with the exception of two members representing swing districts in Texas, U.S. Reps. Henry Cuellar and Vicente Gonzalez.

Cuellar opposed the Protection of Women and Girls in Sports Act when it was introduced in 2023, explaining in a statement that he changed his position ā€œbased on the concerns and feedback he received from constituents.ā€

Gonzalez did not vote on the measure in 2023, but this year issued a statement explaining his support for the bill: ā€œI believe that there should be rules to keep our sports fair and that boys should not play in girls sports,ā€ the congressman said, using talking points that are popular among Republicans who often refer to trans women and girls as men and boys, whether for purposes of insulting them or because they refuse to acknowledge or choose to deny the existence of gender diverse people.

“Members of Congress must have the freedom to vote in a manner representative of their district,” Gonzalez said in his statement. “As Democrats, we should not be afraid to vote our districtā€™s values because weā€™re afraid of Washington.”

During the 2024 campaign, Gonzalez’s Republican opponent ran negative ads about his support for gender affirming health care for trans minors. The congressman told Spectrum News in 2023 that ā€œI have never supported tax dollars paying for gender transition surgeries and never will.ā€

Despite the newly seated 53-vote GOP majority in the U.S. Senate, the bill could languish in the upper chamber as the 2023 iteration did under Democratic control.

Still, President-elect Donald Trump promised to effectuate a ban, which experts believe would likely involve directing the U.S. Department of Education to find any school in violation of federal Title IX rules, which prohibit sex-based discrimination, in cases where they allow trans women or girls to participate in competitive sports.

Trump and other conservatives argue that cisgender women and girls are biologically disadvantaged compared to trans women and girls, which yields unfair outcomes for athletes whose birth sex is female, though research on the question of physical performance is mixed.

Proponents of the Protection of Women and Girls in Sports Act, who believe trans women and girls to be unfairly advantaged by their biology, argue that excluding them from sports is necessary to ensure fair outcomes in high-stakes competitions at the elite level, such as college athletic scholarships.

At the other end of the spectrum, the legislation contains a carveout that would theoretically allow for trans women and girls to participate in sports in limited circumstances: “Nothing in this subsection shall be construed to prohibit a recipient from permitting males to train or practice with an athletic program or activity that is designated for women or girls so long as no female is deprived of a roster spot on a team or sport, opportunity to participate in a practice or competition, scholarship, admission to an educational institution, or any other benefit that accompanies participating in the athletic program or activity.”

As the measure was debated on Tuesday, opponents accused their GOP colleagues of exploiting a culture war issue to “divert attention from the fact they have no real solutions to help everyday Americans,ā€ as U.S. Rep. Suzanne Bonamici (D-Ore.) put it.

Several Democrats ā€” who argued that in the absence of an enforcement mechanism, adults might inspect students’ genitals to determine their gender, which could facilitate child sexual abuse ā€” began calling the legislation ā€œthe GOP Child Predator Empowerment Act.ā€ 

The House Education Committee chair, U.S. Rep. Tim Walberg (R-Mich.), responded that birth certificates should be used to settle questions about students’ gender.

Opponents of the bill like U.S. Rep. Becca Balint (D-Vt.), a lesbian and co-chair of the Congressional Equality Caucus, contended that boundary-violating scrutiny of girls’ bodies is the “logical conclusion” of the measure.

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Congress

Marjorie Taylor Greene calls Sarah McBride a ‘groomer’ and ‘child predator’ for reading to kids

Far-right congresswoman deadnamed transgender colleague

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U.S. Rep. Marjorie Taylor Greene (R-Ga.) (Washington Blade photo by Michael Key)

Far-right U.S. Rep. Marjorie Taylor Greene (R-Ga.) leveled the baseless and false accusation that U.S. Rep. Sarah McBride (D-Del.) a “groomer” and “child predator” in a post on X Monday, responding to a video shared by the anti-LGBTQ account Libs of TikTok in which the freshman congresswoman is seen reading to kids in a classroom.

According to the signage featured in the clip, McBride, who is the first transgender member of Congress, was participating in the Human Rights Campaign Foundation’s “Jazz and Friends National Day of School and Community Readings.”

The program is part of the organization’s Welcoming Schools initiative, which provides “trainings and resources for elementary school educators” to help “welcome diverse families, create LGBTQ and gender inclusive schools, prevent bias-based bullying, and support transgender and nonbinary students.”

Prior to her first election to the Delaware state legislature, McBride served as press secretary for HRC from 2016-2021.

Monday’s post was not the first time in which Greene has, without evidence, accused LGBTQ people and allies of child sexual abuse or grooming, often for their support of age-appropriate classroom instruction on matters of LGBTQ history, sexual orientation, and gender identity.

She is not alone. As culture wars over issues of sexual orientation and gender identity have intensified in recent years, conservatives have increasingly used false allegations of pedophilia, bringing back a smear that was historically used against gay, queer, and trans people but until recently was considered out of bounds in mainstream political discourse.

RAINN, a national anti-sexual violence group, has highlighted the ways in which these baseless allegations are harmful not just to LGBTQ people but also to children, because they can diminish the experience of survivors and steal the focus away from real cases of child sexual abuse.

After her election to Congress in November, Greene and other House Republicans like U.S. Rep. Nancy Mace of South Carolina began attacking McBride, personally ā€” proposing rules to prohibit her from using women’s restrooms in the Capitol and deliberately dead-naming and misgendering her.

By contrast, McBride last week introduced bipartisan legislation with GOP U.S. Rep. Young Kim (Calif.) to protect consumers from fraudulent scams that offer false promises to repair poor credit scores, becoming the first first-year member to introduce a bill designed to help American families.

The Washington Blade has reached out to representatives from HRC, McBride’s office, and the Congressional Equality Caucus for comment on Greene’s post.

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