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Senate braces for anti-LGBTQ attacks with incoming Republican majority

Republicans to regain control of chamber in January

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Senate Judiciary Committee Chair Dick Durbin (D-Ill.) (Washington Blade photo by Michael Key)

Particularly since Republicans took the U.S. House of Representatives in 2023, legislative attacks against the LGBTQ community, at least at the federal level, have been blunted by U.S. Senate Democrats exercising their narrow majority in the upper chamber, along with President Joe Biden’s promise to veto any discriminatory bill that should reach his desk.

Next month, however, Republicans will take control of both chambers of Congress as President-elect Donald Trump returns to the White House, marking the first time since 2018 that the GOP has governed with a trifecta in Washington. 

“We expect the Trump administration and House and Senate Republicans to continue their anti-LGBTQ+ attacks on all aspects of life, especially against trans kids,” Josh Sorbe, a spokesperson for Senate Majority Whip and Senate Judiciary Committee Chair Dick Durbin (D-Ill.), told the Washington Blade.

Durbin is among the Democratic senators who spoke out this week against a policy rider added to the National Defense Authorization Act by Republican House Speaker Mike Johnson (La.), which would prohibit the military’s health provider Tricare from covering transgender medical treatments for the children of U.S. service members.

“In his first term, Donald Trump enabled LGBTQ+ workplace discrimination, banned trans service members, and vilified trans kids,” Sorbe said, while “The Biden-Harris administration and Democrats codified same-sex marriage, declared mpox a national emergency, and built up the LGBTQ+ movement.”

He added, “Democrats will continue to hold the line against misguided, anti-freedom legislation that we anticipate will be introduced.”

The Senate Judiciary Committee, one of the most powerful in Congress, exercises broad legislative jurisdiction and is responsible for oversight of the Executive Branch as well as the initial stages of confirming the president’s nominees for vacancies on the federal bench, including those picked to serve on the U.S. Supreme Court.

In the 117th Congress, control of the Senate was a 50-50 split, with Democratic Vice President Kamala Harris casting tie-breaking votes. Democrats won another Senate seat in the 2022 midterms and for the past two years Majority Leader Chuck Schumer (D-N.Y.) has led a 51-49 majority.

Despite the party’s narrow margin of control and starting with less than half the number of vacancies than were available for Trump to fill when he took office in 2017, Sorbe noted Senate Democrats are expected to confirm Biden’s 234th and 235th judicial nominees — surpassing, by one, the number of confirmations under the previous administration and also, by one, the record setting number of LGBTQ jurists appointed by President Obama over two terms. 

These “highly qualified, diverse candidates” will “help ensure the fair and impartial administration of the American justice system,” Sorbe said. Many will decide legal questions with broad implications for LGBTQ communities, including challenges brought against anti-LGBTQ legislation at the local, state, and federal level, or anti-LGBTQ policies enacted by the Trump-Vance administration. 

Sorbe highlighted some of the other work Durbin has done to “protect civil rights for all Americans” over the past four years in the majority, pointing to the Judiciary Committee’s 2021 hearing on the Equality Act, legislation that would codify LGBTQ-inclusive nondiscrimination protections; a 2023 hearing that celebrated “the historic progress made in protecting the right of LGBTQ+ Americans”; the first hearing since 1984 about the Equal Rights Amendment that would “enshrine gender equality into the Constitution”; floor speeches in which the majority whip denounced “the harmful anti-LGBTQ+ legislation being introduced across the country”; and the senator’s co-sponsorship of the Respect for Marriage Act, which solidified the legal rights of interracial and same-sex married couples. 

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Congress

Five HIV/AIDS activists arrested outside Susan Collins’s D.C. office

Protesters demanded full PEPFAR funding

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HIV/AIDS activists protest outside U.S. Sen. Susan Collins (R-Maine)'s office in the Dirksen Senate Office Building on Oct. 14, 2025. (Photo courtesy of Housing Works)

U.S. Capitol Police on Tuesday arrested five HIV/AIDS activists who protested outside U.S. Sen. Susan Collins (R-Maine)’s office in the Dirksen Senate Office Building.

A press release that Housing Works, Health GAP, and Disability Voters of Maine issued notes 30 HIV/AIDS activists “carried out an act of civil disobedience” at Collins’s D.C. office and “delivered mock ‘bodybags'” to her office in Portland, Maine.

“Activists were reacting to deadly harms caused by Collins’s unwillingness to hold Office of Management and Budget (OMB) Director Russell Vought accountable for illegally obstructing the release of already appropriated funding for lifesaving HIV treatment and prevention,” reads the press release.

Elizabeth Koke, senior director of brand strategy for Housing Works, told the Washington Blade that Housing Works CEO Charles King is among those who were arrested in D.C. The press release notes 30 HIV/AIDS activists participated in the protest.

U.S. Capitol Police escort Housing Works CEO Charles King away from U.S. Sen. Susan Collins (R-Maine)’s office in the Dirksen Senate Office Building on Oct. 14, 2025. (Photo courtesy of Housing Works)

Activists since the Trump-Vance administration took office in January have demanded full PEPFAR funding.

Secretary of State Marco Rubio Jan. 28 issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during the freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, has severely impacted their work. (The State Department last month announced PEPFAR will distribute lenacapavir, a breakthrough HIV prevention drug, in countries with high prevalence rates.)

The New York Times in August reported Vought “apportioned” only $2.9 billion of $6 billion that Congress set aside for PEPFAR for fiscal year 2025. (PEPFAR in the coming fiscal year will use funds allocated in fiscal year 2024.)

Bipartisan opposition in the U.S. Senate prompted the Trump-Vance administration in July withdraw a proposal to cut $400 million from PEPFAR’s budget. Vought on Aug. 29 said he would use a “pocket rescission” to cancel $4.9 billion in foreign aid that Congress had already approved.

The federal government has been shut down since Oct. 1.

“In July, we applauded Collins’s willingness to fight for people with HIV which resulted in a temporary reprieve from further unlawful cuts,” said Health GAP Executive Director Asia Russell. “In response, Vought has gone behind Collins’s back. Why isn’t she fighting back? We cannot allow Collins to refuse to take action now — just because Vought is violating the law doesn’t mean she can break her promise to people with HIV.” 

Collins chairs the Senate Appropriations Committee.

“Collins has said that PEPFAR funds are not reaching people in need, yet she refuses to use the full power of her position to end the political obstruction and lawlessness while people continue to die,” said Marie Follayttar of Disability Voters of Maine. “The consequences of her inaction, and of her votes, will be measured in body bags around the world.”

The protesters’ press release notes two specific demands for Collins:

• Fully restore PEPFAR programming by directing Vought to release withheld PEPFAR funding consistent with Congressional appropriations

• Include the release of withheld PEPFAR funding as part of her 6-point plan to re-open government

“Senator Collins has been the Senate champion for PEPFAR and was responsible for saving the program from $400 million in cuts just three months ago,” Blake Kernen, Collins’s press secretary, told the Blade on Wednesday. “It was difficult to understand what the protesters wanted or their message.”

“Many entered the office, sat on the ground, and used a loud noisemaker, which made it impossible to hear,” said Kernen. “A member of Sen. Collins’s staff offered to speak with the group, but they continued to shout over her and refused the offer.”

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Mike Waltz confirmed as next UN ambassador

Trump nominated former national security advisor in May

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U.N. headquarters in New York (Washington Blade photo by Michael K. Lavers)

The U.S. Senate on Sept. 19 confirmed former U.S. Rep. Mike Waltz (R-Fla.) as the next U.S. ambassador to the U.N.

The Florida Republican had been the national security advisor until President Donald Trump in May tapped him after U.S. Rep. Elise Stefanik (R-N.Y.) withdrew her nomination in order to ensure Republicans maintained their narrow majority in the U.S. House of Representatives.

Senators approved Waltz’s nomination by a 47-43 vote margin.

“Thank you President Trump and the U.S. Senate for your trust and confidence to Make the UN Great Again,” said Waltz on X.

The U.N. General Assembly is taking place this week in New York. Trump is scheduled to speak on Tuesday.

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State Department urged to restore LGBTQ-specific information in human rights reports

Congressional Equality Caucus sent Secretary of State Marco Rubio a letter on Sept. 9

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Secretary of State Marco Rubio during his confirmation hearing on Jan. 15, 2025. (Washington Blade photo by Michael Key)

The Congressional Equality Caucus has called upon the State Department to once again include LGBTQ and intersex people in their annual human rights report.

U.S. Reps. Robert Garcia (D-Calif.), Julie Johnson (D-Texas), and Sarah McBride (D-Del.), who co-chair the caucus’s International LGBTQI+ Rights Task Force, spearheaded a letter sent to Secretary of State Marco Rubio on Sept. 9.

The 2024 human rights report the State Department released last month did not include LGBTQ-specific references. Jessica Stern, the former special U.S. envoy for the promotion of LGBTQ and intersex rights under the Biden-Harris administration who co-founded the Alliance for Diplomacy and Justice, described the removal of LGBTQ and intersex people and other groups from the report as “deliberate erasure.”

“We strongly oppose your decision to remove the subsection on Acts of Violence Criminalization, and Other Abuses Based on Sexual Orientation, Gender Identity or Expression, or Sex Characteristics (SOGIESC Subsection) from the State Department’s Annual Country Reports on Human Rights Practices (Human Rights Reports),” reads the letter. “We urge you to restore this information, or else ensure it is integrated throughout each human rights report.”

Congress requires the State Department to release a human rights report each year.

The Congressional Equality Caucus’s letter points out the human rights reports “have been a critical source of information on human rights violations and abuses against LGBTQI+ persons around the world.” It specifically notes consensual same-sex sexual relations remain criminalized in more than 60 countries, and the 2017 human rights report included “details on the state-sponsored and societal violence against LGBTQI+ persons in Chechnya, including extrajudicial killings.”

Immigration Equality in response to the 2024 human rights report said the reports “serve as key evidence for asylum seekers, attorneys, judges, and advocates who rely on them to assess human rights conditions and protection claims worldwide.”

“The information in these reports is critical — not just for human rights advocates — but also for Americans traveling abroad,” reads the Congressional Equality Caucus’s letter. “LGBTQI+ Americans and their families must continue to have access to comprehensive, reliable information about a country’s human rights record so they can plan travel and take appropriate precautions.”

The caucus’s full letter can be read here.

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