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Senate looks ready to pass NDAA despite its anti-trans healthcare restriction

Sen. Tammy Baldwin, others object to the policy rider

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Sen. Tammy Baldwin (D-Wis.) (Washington Blade photo by Michael Key)

Update: On Wednesday afternoon, the U.S. Senate voted 85-14 to pass the National Defense Authorization Act. Several Democrats voted against the military spending package, in many cases over their objection to a restriction on health coverage for gender affirming care. The Human Rights Campaign issued a statement urging President Joe Biden to veto the bill.

The U.S. Senate appears poised to pass the National Defense Authorization Act later this week, voting 63-7 on Monday to invoke cloture on the annual defense budget bill, which contains controversial provisions, including a prohibition on covering transgender medical care for the children of U.S. service members.

While all signs now point toward a smooth journey for passage of the NDAA, 21 Senate Democrats led by U.S. Sen. Tammy Baldwin (Wis.) signed on to an amendment introduced Monday evening that would remove the anti-trans policy rider.

U.S. Sen. Ed Markey (Mass.), a cosponsor of Baldwin’s resolution, held a press conference on Tuesday with LGBTQ advocates to raise awareness about the issue, telling reporters “It is unacceptable for politicians to use the NDAA to force themselves between families and their health care providers, all in pursuit of their discriminatory aims.”

“We cannot stand by as these attacks on health care freedom continue, and we cannot pass the NDAA with this language included,” the senator said. “Trans rights are human rights.ā€

Also on Tuesday, U.S. Senate Majority Whip Dick Durbin (Ill.), another co-sponsor, delivered a speech on the Senate floor in which he shared, “thereā€™s one provision in this conference agreement that troubles meā€”a provision that would ban certain medical treatments for transgender children of service members,” which “eliminates the ability of military families to work with medical professionals and make their own decisions about the health care needs of their own children.”

Baldwin’s office said the rule could restrict healthcare access for 6,000 to 7,000 children of U.S. service members who rely on the military’s Tricare provider for coverage of guideline-directed, medically necessary gender affirming treatments.

The rider was first added by House Republican Speaker Mike Johnson (La.) who passed the NDAA last week by a comfortable margin, 281-140 ā€” with 81 Democrats including Minority Leader Hakeem Jeffries (N.Y.) voting for the bill as others objected to the anti-trans provision.

U.S. Rep. Adam Smith (D-Wash.), ranking member of the House Armed Services Committee, who said “Blanketly denying health care to people who clearly need it, just because of a biased notion against transgender people, is wrong.”

U.S. Rep. Mark Pocan, the gay chair of the Congressional Equality Caucus, said in a statement that “Speaker Johnson is playing political games with the health of our service membersā€™ children by inserting himself into private medical decisions and overriding familiesā€™ choicesā€”and our service members and their children will pay the price.”

Also voting against the bill last week was every out LGBTQ member of the House, with the exception of U.S. Rep. Chris Pappas (D-N.H.), who told The Advocate that, ā€œI strongly oppose the riders that Speaker Johnson included in the NDAA that would limit insurance coverage for military family members” and “will continue to fight for full equality for all members of the LGBTQ+ community, including transgender Americans, and my record in Congress demonstrates that.ā€

The Senate’s likely passage of the NDAA comes also despite last week’s letter by 45 Democratic members urging leadership to reject the “partisan, discriminatory, and harmful” policy riders added by House Republicans to must-pass spending bills, noting that most have tended to target reproductive and LGBTQ rights.

While the GOP caucus ultimately rejected more extreme anti-trans proposals, like a ban on funding gender transition surgeries for adults, the NDAA includes, along with the Tricare rule, a ban on contracting with advertising companies that “blacklist conservative news sources” and a freeze on hiring and recruiting for DEI-related roles pending the completion of an investigation into those programs.

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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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Mark Takano to lead Congressional Equality Caucus

LGBTQ caucus is among the largest in Congress

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U.S. Rep. Mark Takano (D-Calif.) (Washington Blade photo by Michael Key)

Gay U.S. Rep. Mark Takano (D-Calif.) will chair the LGBTQ Congressional Equality Caucus in the newly seated 119th Congress, he told Axios on Friday.

Over the next several years, we will see a constant barrage of attacks on the rights and dignity of the queer community ā€” especially against our transgender siblings,” Takano said. “I will lead our coalition of openly-LGBTQI+ members and our allies in the fight to both defend the queer community and push equality forward, including by reintroducing the Equality Act.”

The caucus was founded in 2008 by then-U.S. Reps. Barney Frank (D-Mass.) and Tammy Baldwin (D-Wis.), the latter going on to represent the Badger State in the U.S. Senate since 2013, when she became the first LGBTQ member to serve in the upper chamber.

Led in the last Congress by U.S. Rep. Mark Pocan (D-Wis.), the caucus’s chair and eight co-chairs are out and LGBTQ. There are a couple dozen vice chairs and more than 160 other members, all Democrats.

In recent battles over must-pass appropriations bills, the caucus opposed House Republicans’ insistence on including anti-LGBTQ “poison pill” policy riders, meticulously chronicling their efforts to politicize government funding.

The caucus has also fought against and documented legislation proposed by House GOP members that takes aim at LGBTQ and especially transgender rights.

Takano’s tenure as chair will begin just as Republicans plan to push forward a bill that would prohibit trans women and girls from competing on women and girls’ sports teams, and just after House Speaker Mike Johnson (R-La.) enacted a new policy that would ban transgender people from bathrooms in the U.S. Capitol building.

“Our community will have a strong defender against Republicans’ incoming attacks with Representative Takano as our chair,” Pocan said.

First elected in 2013, the California congressman is the first gay Asian member to serve in either chamber. He is also the top Democrat on the House Veterans’ Affairs Committee.

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