Politics
Harris campaign ramps up LGBTQ engagement as Election Day nears
Rep. Garcia and LGBTQ Engagement Director Alleman outline plans

Vice President Kamala Harris has eked out a narrow lead in the latest polls, but slim margins in seven key battleground states are still likely to decide the outcome of the election, which experts say will be the closest America has had in decades, if not more than a century.
And LGBTQ voters, who comprise a larger share of the electorate than ever before, are expected to play a major role in November.
The Washington Blade discussed what lies ahead for the Harris team, particularly with respect to LGBTQ constituent engagement, in separate interviews last week with one of the campaign’s gay co-chairs, U.S. Rep. Robert Garcia (D-Calif.), and its national LGBTQ+ engagement director, Sam Alleman.
Criss-crossing the country
With just over a month until Election Day, the Harris-Walz team is in overdrive enlisting key surrogates and staff to fan out across the U.S. With a focus, of course, on Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin.
“We’ve got to make sure we compete everywhere,” Garcia said. “So wherever I can be, I’ll be.”
The congressman headlined an event with the LGBTQ community in Phoenix on Monday night for Out for Harris, the campaign’s LGBTQ-focused national organizing effort. Queer voters are “always engaging and always asking questions,” he said, eager to discuss “their future and their rights and how dangerous Donald Trump would be for them.”
Garcia said the “best part” about his involvement with the Harris campaign has been traveling the country to connect with these folks. “I actually took 100 local activists from Long Beach, from my community, out to Nevada, with two busses a couple weeks ago, which was great,” he said, “just to go door knocking.”
Up next for the congressman is another trip to Nevada and then to Pennsylvania, he said.
“We’re aiming to have Out for Harris working groups and committees in all 50 states to do this work of mobilizing voters in this critical election to elect Kamala Harris and Tim Walz and defeat Donald Trump and J.D. Vance,” Alleman said.
“Weāve had in-person phone banks in New York, D.C., and California,” while “we have New Jersey and Washington State and Massachusetts hosting in-person events,” he said, explaining that by hitting even places that might “not be part of our pathway to victory,” the campaign is building out the infrastructure to help reach “voters in battleground states and be that surge capacity.”
Additionally, “I can’t say too much just yet, but weāre really, really excited for what we’re planning for Pride in Philadelphia, Phoenix Pride, Las Vegas Pride, Atlanta Pride” ā all taking place, Alleman said, in mid-October, by which time voting will have already begun in most of those cities.
“Pride is fun,” and the campaign’s presence in places where the community gathers to celebrate is an exemplification of the “joy” that has become a defining feature of the campaign since Harris was tapped to lead the Democratic ticket on July 21, Alleman said.
Voters have concerns. The campaign wants them to see the contrast.
In his conversations with voters, Garcia said, Project 2025, the 900+ page governing blueprint for a second Trump term, is often top of mind, notwithstanding the former president’s efforts to “skirt or dodge” the extreme plans detailed in the document.
“It’s clear that this is the Donald Trump agenda. I think everyone knows that, and we’re going to continue to hammer home that it’s also very bad for LGBTQ+ people,” he said, noting that Project 2025 contains “all sort of horrible things,” including plans to roll back and revoke rights like LGBTQ-inclusive workplace protections while advancing policies like “book bans [that target] our community in schools.”
More broadly, Garcia said, “there’s no question that Donald Trump is bad for gay people. I mean, look at the Supreme Court…just on the courts alone, how could you argue any differently?”
One could look at everything from Trump’s “positions on trans issues,” to “his authoritarian nature” and his opposition to the Equality Act for evidence that his election would be harmful to the LGBTQ community, Garcia said. “I mean, I could go on and on.”
Alleman echoed those remarks and added that Harris and Walz, by contrast, have fought to expand rights and protections for LGBTQ people throughout their careers, standing up for the community well before doing so was popular or politically advantageous. “Standing with us when it wasn’t necessarily very easy to do,” he said, “speaks volumes to our community, but it also just speaks volumes to their values and to their leadership.”
“In every reality, under almost every other issue that you could talk about, right, Kamala Harris and Tim Walz are fighting for LGBTQ people’s totality of their lives, when it comes to their ability to access healthcare, when it comes to their ability to work with dignity and make a living wage and work in an economy that works for them, rather than big corporations,” he said. “Those are the issues that LGBTQ+ people also care about the most, in addition to their freedoms and the things that are identity or community driven.”
Likewise, Garcia said voters’ concerns about the judiciary extend beyond LGBTQ rights and into issues of reproductive freedom, because they understand that the former president appointed three right-wing justices to the Supreme Court, which led to the 2022 decision scrapping Roe v. Wade’s constitutional protections for abortion. “There’s a lot of conversation about abortion rights,” he said. “I think people understand that that’s where Donald Trump plans to take the country even further into restrictions ā so, people are pushing back on that.”
“Vice President Harris has made Roe one of the central pieces of her campaign, because there’s still a lot of folks out there that are just tuning in, that might, you know, have gotten a lot of their information from places like Fox [News] or, you know, misinformation on Facebook or social media,” Garcia said.
“It’s important to get the facts out there,” he added, “to get people out there talking to their neighbors, going door to door ā I mean, all of that matters.”
It may not be sexy…
First and foremost, Alleman said, Out for Harris is implementing a robust “national, distributed organizing program [thatās] really oriented around voter contact via phone calls,” which is on track ā conservatively ā “to do approximately 1.2 million calls before Election Day.”
Alleman added that “the work around these community calls” also involves “taking those calls and turning them to actual organizing that supports their battleground states.” And while “it’s not very sexy,” he stressed that these efforts are “low thrills, high value in terms of talking to voters” because “we are truly committed to getting as many people on the phone that we can across the country, especially in the battleground states, between now and Nov. 5.”
By Oct. 12, he said Out for Harris will have phone banking events every day, “and it’ll be like community-based; Monday is Broadway night, Tuesday is trans folks for Harris, Wednesday is LGBTQ+ women for Harris, Thursday and Saturday are catch-all for [the Human Rights Campaign],” and Friday is yet to-be-determined. (Volunteers can sign up to participate or learn more about the program at kamalaharris.com/out.)
Alleman shared that during a recent Out for Harris Broadway-themed call, “we had like, 3,000 people in attendance. And I want to say there were like 500 or 600 people trying to phone bank with us, and they have their first canvassing trip into Pennsylvania,” which illustrates how the program is working within the campaign to ensure “that these calls are translating into organizing.”
Acknowledging that the relationship between LGBTQ rights and organized religion is complicated, Alleman said that Out for Harris plans to administer trainings and lead an organizing call for faith leaders who have created safe spaces for LGBTQ people or otherwise been supportive of the community, such that the campaign can “make sure we’re leveraging their congregations to get them involved.”
Getting creative
Along with organizing in-person events, joining Pride celebrations, administering phone banks, and working with high-profile surrogates like Garcia to help boost the campaign’s message in the battlegrounds, Alleman highlighted upcoming moves like Out for Harris’s plans to partner with Democratic National Committee to provide toolkits to drag performers.
The goal, he said, is to provide materials and guidance “so they can do this work on their own, at their shows” such as by displaying QR codes for fans to get involved and providing instructions for how they can register to vote.
To contend with the challenge of navigating a “fragmented media market,” Alleman said, the Harris campaign is focused on “relationships and messaging in all the senses and ways.” This means, for instance, maintaining a strong social media game, dispatching folks to do “the relational organizing on the ground,” and “finding the nontraditional messengers” ā like drag queens and faith leaders ā while also “hitting everyone where we can” with earned media coverage and paid advertising.
Alleman also noted Harris’s appearance on “RuPaulās Drag Race” for the “All-Stars” finale in June, another example of how the campaign has been creative and strategic with outreach to LGBTQ voters and allies.
Leveraging Harris’s advantage with LGBTQ voters
Alleman stressed that the Harris campaign does not take support from LGBTQ voters for granted. “We have to work to earn these votersā votes, too. And I think the program we are building is so indicative of that, and it’s truly our goal beyond just LGBTQ+ rights ā we’re communicating with voters, LGBTQ+ voters, and equality voters about the full range of our platform and what we’re doing, because we firmly believe it will benefit them. Extraordinarily.”
Often, Alleman said, “we divorce LGBTQ+ experiences and people as if they don’t have the same experiences and desires as everyone else” but the Harris campaign is “making sure that we’re saying where we stand on the LGBTQ+ issues but [also] making sure that we’re not losing sight of the totality of the voter we’re communicating to.”
“LGBTQ+ people are more likely to suffer from housing insecurity, more likely to suffer from food insecurity, more likely to be in poverty, more likely to be homeless as teenagers,” he said, “and all of the work that weāve done in the inflation Reduction Act and in this administration, and all the things that Kamala Harris has said that she’s going to do [if elected] have direct impacts on the LGBTQ+ community and our ability to live full, authentic lives.”
This means “not just to be out as LGBTQ, which is critically important, but [also] having a government that fully cares for everything that goes into what being an LGBTQ plus person is,” Alleman said.
“The majority of us are voting already for Harris,” Garcia said. “That’s great. But what about our friends and family? Like, can we have those conversations with friends that might be on the fence, or maybe we have family that are independent or are not sure who to vote for ā those are the conversations that we need to have [to] explain to our family how electing someone like Donald Trump could actually be very damaging, hurtful, and cause real harm to us.”
“LGBTQ people have a role to play, not only in voting, but in telling our stories and talking to people that have yet to make up their mind on how they’re going to vote,” he said. “People that we know.”
Alleman, likewise, acknowledged that “LGBTQ+ people overwhelmingly support Democratic candidates and overwhelmingly support Kamala Harris,” adding that part of the campaign’s work and his work as LGBTQ+ engagement director is to “capture that energy” and “bring them into our campaign and our movement.”
The Harris campaign has earned the support of every major LGBTQ advocacy group, and in turn has focused on “creating buy-in for” the “state and local partner organizations” along with “our national partners” such that they “feel like this is a place where they can invest their time that is meaningful, to make a difference in their work,” Alleman said.
“We are seeing the Human Rights Campaign make historic investments and cooperate with us, [working] hand in glove with our campaign,” he said.
Alleman noted the campaign’s endorsements from groups like the Center for Black Equity through its c4 Political Action Fund (a first for the organization, which started and runs Black Prides throughout the U.S.), LPAC, the political action committee supporting LGBTQ women and nonbinary candidates (which had not backed a presidential ticket prior to this year), and the National LGBTQ+ Task Force Action Fund, which had not otherwise endorsed a presidential candidate in the last 50 years.
Not only does the support of these groups signal that they understand “what’s at stake” in this election, but also their recognition of the “vehicles and access points where they can see themselves and their people in the work that we’re doing as a campaign and as a party,” Alleman said.
“Empowering the partner organizations that do this work within those subsets of LGBTQ+ communities,” he said, allows the campaign to target and engage with the voter who “comes from one of those different backgrounds or walks of life” in an intersectional manner that acknowledges how “there are LGBTQ voters across every other identity that we do this work in.”
The Trump campaign has taken a different approach to engaging with LGBTQ voters
In April, former first lady Melania Trump headlined a fundraiser for Log Cabin Republicans, the conservative LGBT group, at Mar-a-Lago. And more recently, on Sept. 29, the organization hosted a concert in Nashville by musician Kid Rock that also featured Donald Trump Jr., former Fox News host Kimberly Guilfoyle, and Ric Grenell, the gay diplomat who served as acting director of national intelligence, U.S. ambassador to Germany, and special presidential envoy for Serbia and Kosovo peace negotiations during the Trump administration.
Otherwise and apart from “flashy media things to contact us and reach us” without meaningful follow-through, “I havenāt seen any intentional effort” by the Trump campaign to engage with LGBTQ voters, Alleman said. “I havenāt seen anything on the ground. And I just think it’s so fascinating and interesting that [they claim to] want to do these things, and yet their actions just show how little they care about us as a voting bloc.”
In an emailed statement, Log Cabin Republicans President Charles Moran noted that “As has been widely reported, the RNC and Trump campaign are decentralizing their outreach efforts to involve organizations and groups doing the work to increase efficiency and energize the grassroots, and LGBT voter base is no different.”
“We are one of the fastest growing voting blocs in this country,” Alleman said. “As the data bears out, about eight percent of people identify as LGBTQ+” which equates to “somewhere between 20 and 25 percent of people [aged] 18 to 25” ā a group of voters whose support, therefore, one might expect both campaigns to aggressively court.
On “the lack of any real intentional outreach,” by the opponent’s campaign, which may strengthen Harrisās edge with LGBTQ voters, Alleman said, “you know, I’m not mad about it.”
Moran detailed some of his organization’s work on LGBTQ voter outreach and mobilization on behalf of the Trump campaign during this election cycle: “Log Cabin Republicans, the nation’s oldest and largest organization LGBT Republicans, conservatives and our straight allies, is leading the charge on this effort for 2024,” he said, stressing that this comes independently from the “work being done by our nearly 80 chapters in 40 states around the country.”
Last week, he said, LCR announced that the group had “pulled in the leadership of the ‘gays for Kennedy’ folks to build out the outreach to Independents and disaffected Democrats.”
“For months, we’ve been building our messaging and ground team,” Moran said. “On the communications side, we have Outspoken, our long-running digital messaging campaign running at full intensity putting out original content, fact-checking Democratic and media lies, and engaging our voters in the digital realm.”
He continued, “On the ground, we have 9 state-based field directors in the targeted swing-states organizing and coordinating with our chapters and campaigns and party committees on the ground. This team has over 250 events already executed or on the books through Election Day. Finally, we have 9 Trump Unity rallies, our broader campaign coalition name, in swing states. These are full-production events with hundreds of people at each, with high-profile surrogates for each. The first one is actually a week from now in Philadelphia.”
“Democrats want to pretend like nothing is going on, but this couldn’t be further from the truth,” Moran added. “This year, we have the most inclusive GOP platform that welcomes LGBT voters to the table, because we all have an equal stake in the future and prosperity of the nation. Log Cabin Republicans is prepared to take the mantle and run the most comprehensive campaign we ever have.”
Garcia, who agreed with Alleman that the Trump campaign is “not interested” in reaching out to LGBTQ constituents, had an even more pointed take: “I think their base hates them,” he said. “I mean, you see the homophobia.”
From “the attacks on trans people,” to “the attacks on gay history” and “the attacks on gay rights in the workplace,” the congressman said, “there’s nothing to connect with” for LGBTQ constituents.
Homing in on conservative LGBTQ voters who might be inclined to support Trump, Garcia suggested there are not very many of them ā apart from “some loud personalities out there” and “a lot of those quote, unquote, Log Cabin Republicans,” who “I think are, you know, more interested in holding power in some cases than helping our own community.”
The congressman added, “I don’t know why they’d be reaching out to gay conservatives when there’s nothing to offer them,” because “what are they going to talk about?” He suggested that maybe some right-leaning LGBTQ folks “are excited about tax cuts for billionaires.”
Congress
House Republican misgenders Sarah McBride in transphobic attack
Comment derailed subcommittee hearing

U.S. Rep. Keith Self (R-Texas) deliberately and repeatedly used the honorific “Mr.” for U.S. Rep. Sarah McBride (D-Del.), the first and only transgender member of Congress, sparking a confrontation that derailed a House subcommittee hearing on Tuesday.
After Self, who leads the House Foreign Affairs Committee’s Europe Subcommittee, misgendered the congresswoman from Delaware, she replied “Thank you, Madam Chair.”
The top Democrat in the room, Massachusetts Congressman Bill Keating, then spoke up to request that the chair repeat his introduction, which he did, again referring to McBride as “Mr.”
“You are out of order. Mr. Chairman,” Keating said, raising his voice. “Have you no decency? I mean, I have come to know you a little bit, but this is not decent.”
Self then started to adjourn the hearing, telling colleagues “we will continue this” before he was interrupted by the ranking member, who told him, “You will not continue it with me unless you introduce a duly elected representative the right way.”
McBride addressed the matter in a post on X Tuesday night, writing, “No matter how I’m treated by some colleagues, nothing diminishes my awe and gratitude at getting to represent Delaware in Congress. It is truly the honor and privilege of a lifetime. I simply want to serve and to try to make this world a better place.”
No matter how I'm treated by some colleagues, nothing diminishes my awe and gratitude at getting to represent Delaware in Congress. It is truly the honor and privilege of a lifetime. I simply want to serve and to try to make this world a better place.
— Sarah McBride (@SarahEMcBride) March 12, 2025
Self doubled down again, writing on social media “it is the policy of the United States to recognize two sexes, male and female,ā citing President Donald Trump’s day-one executive order mandating that the federal government treat gender as a binary that cannot and does not deviate from one’s birth sex.
The policy is out of step with mainstream science and medicine, which recognizes that human biology is complex and one’s gender identity is often but not always linked to one’s sex at birth. Critics of the order have also noted that its narrow definitions for sex and gender exclude people who are born intersex, with a combination of male and female biological traits (genitals, chromosomes, hormones.)
“While there are some areas of active debate, scientists are in wide agreement that biological sex in humans as well as the rest of life on earth is much more complicated than a simple binary,” a biology professor said in a report published by the Washington Post last month.
āItās trying to explain away people,ā a health law professor told the paper, referring to the executive order. The administration, he added, wants “to try to present it as this extremely simple issue ā as if itās really just one or the other, youāre male or youāre female.ā
McBride’s historic election last year came as Trump and other Republicans were running on promises to enact increasingly extreme anti-trans legislation or policies, with GOP campaigns, spending $21.5 million on anti-trans ads, with much of that spend coming at the tail end o the 2024 cycle.
Transphobic attacks against the congresswoman, including from House Republicans, began before she was even seated. U.S. Reps. Nancy Mace of South Carolina and Marjorie Taylor Greene of Georgia both misgendered her repeatedly while touting Mace’s proposal to prohibit trans women from using sex-segregated women’s bathrooms at the Capitol, publicly acknowledging that the move was intended to target McBride. More recently, U.S. Rep. Mary Miller of West Virginia misgendered her in February on the House floor.
When serving in the Delaware Senate, McBride was recognized for her successful sponsorship of a bill providing 12-week paid family and medical leave for workers, an issue that was central to her congressional campaign along with her focus on healthcare reform and is a key piece of her focus on reforming care infrastructure in Congress.
In cases where she has elected to address the cruel and bigoted attacks against her from GOP colleagues and others, McBride, has consistently tried to redirect attention towards her work on behalf of the constituents she serves, as seen in her post on Tuesday.
In January, McBride partnered with U.S. Rep. Young Kim (R-Calif.) on the first bill she introduced in Washington, which aims to protect consumers from scams in the credit repair industry.
Last week, the congresswoman joined her colleagues in reintroducing the bipartisan Protecting the Right to Organize Act, and together with other Democrats introduced the John Lewis Voting Rights Advancement Act which, per a press release, would “restore and modernize the protections of the Voting Rights Act of 1965 and prevent states with a history of voter discrimination from erecting new barriers to the ballot box.”
Congress
Republican lawmakers demand IOC ban transgender athletes from women’s events
2028 Summer Olympics to take place in Los Angeles

A group of Republican lawmakers have demanded the International Olympic Committee ban transgender athletes from women’s athletic competitions.
The lawmakers ā U.S. Sens. Jim Risch (R-Idaho), Mike Crapo (R-Idaho), Jim Banks (R-Ind.), Marsha Blackburn (R-Tenn.), Steve Daines (R-Mont.), Lindsey Graham (R-S.C.), Josh Hawley (R-Mo.), Jim Justice (R-W.Va.), James Lankford (R-Okla.), Tim Sheehy (R-Mont.), and Tommy Tuberville (R-Ala.) and U.S. Reps. Burgess Owens (R-Utah), Lauren Boebert (R-Colo.), Vern Buchanan (R-Fla.), Tim Burchett (R-Tenn.), Dan Crenshaw (R-Texas), Brad Finstad (R-Minn.), Craig Goldman (R-Texas), Mark Green (R-Tenn.), Ashley Hinson (R-Iowa), Mike Kennedy (R-Utah), Nick LaLota (R-N.Y.), Blake Moore (R-Utah), Riley Moore (R-W.Va.), Austin Pfluger (R-Texas), John Rose (R-Tenn.), and Claudia Tenney (R-N.Y.) ā made the demand in a letter they sent to IOC President Thomas Bach on Tuesday.
“In the United States, we honor our female Olympians. These athletes, and so many others, have inspired generations of young women around the world to compete and excel. Their legacy underscores the vital importance of fairness in womenās sports at every level of competition,” reads the letter. “Future Olympians are counting on the IOC to protect the opportunities of women and girls to contribute to this proud tradition.”
“To do so, the IOC must base eligibility for womenās athletic competitions on biological sex,” it adds. “Allowing biological males to compete in womenās categories undermines competitive opportunities, safety, and respect for female athletes.”
The IOC in 2021 adopted its “Framework on Fairness, Inclusion and Nondiscrimination on the Basis of Gender Identity and Sex Variations” that includes the following provisions:
ā¢ 3.1 Eligibility criteria should be established and implemented fairly and in a manner that does not systematically exclude athletes from competition based upon their gender identity, physical appearance and/or sex variations.
ā¢ 3.2 Provided they meet eligibility criteria that are consistent with principle 4 (“Fairness”, athletes should be allowed to compete in the category that best aligns with their self-determined gender identity.
ā¢ 3.3 Criteria to determine disproportionate competitive advantage may, at times, require testing of an athlete’s performance and physical capacity. However, no athlete should be subject to targeted testing because of, or aimed at determining, their sex, gender identity and/or sex variations.
The 2028 Summer Olympics will take place in Los Angeles.
President Donald Trump on Feb. 5 issued an executive orderĀ that bans trans women and girls from female sports teams in the U.S. The Human Rights Campaign and other advocacy groups criticized Democratic California Gov. Gavin Newsom last week after he said it is “deeply unfair” to allow trans athletes to compete in women’s sports.
The Guardian on Feb. 25 reported the State Department has ordered consular officials “to deny visas to transgender athletes attempting to come to the U.S. for sports competitions, and to issue permanent visa bans against those who are deemed to misrepresent their birth sex on visa applications.” A travel advisory for trans and nonbinary people who are planning to visit the U.S. that the German government issued last week specifically notes the Trump-Vance administration has banned the State Department from issuing passports with “X” gender markers.
The letter notes Trump’s Feb. 5 executive order, and indicates the signatories “stand united with Secretary of State Marco Rubio and President Trump in calling on the IOC to amend its standards and safeguard the opportunities of female athletes on the Olympic stage.”
“We urge you to reaffirm the IOCās commitment to upholding the integrity of womenās Olympic competitions and ensure that only biological women and girls are allowed to compete in female sports categories,” reads the letter. “The Olympic Games should be a model for integrity in sports, and the next IOC president must firmly defend the rights of dedicated female athletes.”
The Washington Blade has reached out to the IOC for comment.
Politics
Maine targeted with federal probes, threats after guv spars with Trump
Just two trans students are competing on girls’ teams in Maine this school year

Less than three weeks after Maine Gov. Janet Mills (D) sparred with President Donald Trump over his executive order prohibiting trans students from competing on school sports teams that align with their gender identity, the state has been hit with sudden cuts to funding and grants along with multiple investigations led by federal agencies and threats of more to come.
The dustup, which came during a Feb. 21 White House convening of the National Governors Association, kicked off when Mills declined to say she would enforce the policy, committing only to abiding by “state and federal law.” The president then threatened to withhold funding for Maine, and the exchange ended with both parties vowing to fight it out in court.
Shortly after Trump’s order was issued, the governing body responsible for overseeing high school sports in Maine said trans athletes would still be allowed to compete because the ban conflicted with provisions of the Maine state Human Rights Act. The Maine Principalsā Association has said only two trans Mainers are competing in girls’ sports this school year.
Hours after that contentious meeting at the White House, the Maine Department of Education, the Maine School Administrative District #51, and the state’s public university system had become targets of inquiries by the U.S. Department of Education, the U.S. Department of Health and Human Services, and ā the following day ā an investigation by the U.S. Department of Agriculture.
These actions were followed on Feb. 25 by a letter to Mills from Attorney General Pam Bondi providing notice that the Justice Department was likely to soon file a lawsuit because “requiring girls to compete against boys,” or transgender girls, “in sports and athletic events violates Title IX of the Educational Amendments Act of 1972.”
Next came a decision in early March by the National Oceanic and Atmospheric Administration to pull the $4.5 million Maine Sea Grant for marine research ā with ProPublica noting the agency “didnāt touch the 33 other grantees who get similar funding” ā and most recently, last week’s cancellation and subsequent reinstatement of Social Security Administration contracts used by hospitals and nursing homes in the state to automatically report births and deaths.
Noting the concurrent probes led by the federal Education and Health Departments, Bondi warned that, “If these or other federal investigations show that the relevant Maine entities are indeed denying girls an equal opportunity to participate in sports and athletic events by requiring them to compete against boys, the Department of Justice stands ready to take all appropriate action to enforce federal law.”
Moreover, she wrote, because federal law passed by the U.S. Congress supersedes state statutes, it “does not matter if Maine state law allows, or even requires, state athletic associations or other similar entities to require girls to compete against boys in sports and athletic events.”
At the same time, however, Title IX has been interpreted by some courts as protecting the right of trans and gender diverse students to participate in educational programs and activities consistent with their identities, per the statutory anti-discrimination rules established under the Education Amendments of 1972.
In 2020, the U.S. Supreme Court ruled that sex-based discrimination as defined under Title VII of the Civil Rights Act of 1964, which applies to conduct by public and private sector employees with more than 15 workers, also covers acts that are motivated by the employee’s real or perceived sexual orientation or gender identity.
The decision was cited in the Biden-Harris administration’s updates to the Education Department’s Title IX guidance, which made explicit the argument that trans students in publicly funded schools are covered by explicit protections against discrimination, that the expanded definition of discrimination based on sex applies in the context of public education as well as in employment.
ProPublica, which published a comprehensive report on Tuesday chronicling the Trump administration’s “barrage of investigations and threats” that have come in the wake of the president’s tussle with Mills, notes that the DOJ also recently sent letters to Minnesota and California warning that they would face lawsuits for refusing to comply with or enforce the executive action banning trans students from competitive athletics.
The investigative news outlet also highlighted how unusual it is for an agency like HHS to enforce civil rights laws in a way that falls so far beyond its normal remit, which has primarily and historically centered on issues of health care access, and for the federal government to appear to reach conclusions with “unprecedented speed” in matters whose investigation typically takes months or even years.