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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 — 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 “based on the concerns and feedback he received from constituents.”

Gonzalez did not vote on the measure in 2023, but this year issued a statement explaining his support for the bill: “I believe that there should be rules to keep our sports fair and that boys should not play in girls sports,” 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 district’s values because we’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 “I have never supported tax dollars paying for gender transition surgeries and never will.”

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,” as U.S. Rep. Suzanne Bonamici (D-Ore.) put it.

Several Democrats — 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 — began calling the legislation “the GOP Child Predator Empowerment Act.” 

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

Congress passes ‘Big, Beautiful Bill’ with massive cuts to health insurance coverage

Roughly 1.8 million LGBTQ Americans rely on Medicaid

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

The “Big, Beautiful Bill” heads to President Donald Trump’s desk following the vote by the Republican majority in the U.S. House of Representatives Thursday, which saw two nays from GOP members and unified opposition from the entire Democratic caucus.

To partially offset the cost of tax breaks that disproportionately favor the wealthy, the bill contains massive cuts to Medicaid and social safety net programs like food assistance for the poor while adding a projected $3.3 billion to the deficit.

Policy wise, the signature legislation of Trump’s second term rolls back clean energy tax credits passed under the Biden-Harris administration while beefing up funding for defense and border security.

Roughly 13 percent of LGBTQ adults in the U.S., about 1.8 million people, rely on Medicaid as their primary health insurer, compared to seven percent of non-LGBTQ adults, according to the UCLA School of Law’s Williams Institute think tank on sexual orientation and gender identities.

In total, the Congressional Budget Office estimates the cuts will cause more than 10 million Americans to lose their coverage under Medicaid and anywhere from three to five million to lose their care under Affordable Care Act marketplace plans.

A number of Republicans in the House and Senate opposed the bill reasoning that they might face political consequences for taking away access to healthcare for, particularly, low-income Americans who rely on Medicaid. Poorer voters flocked to Trump in last year’s presidential election, exit polls show.

A provision that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation — reportedly after the first trans member of Congress, U.S. Rep. Sarah McBride (D-Del.) and the first lesbian U.S. senator, Tammy Baldwin (D-Wis.), shored up unified opposition to the proposal among Congressional Democrats.

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Congress

Ritchie Torres says he is unlikely to run for NY governor

One poll showed gay Democratic congressman nearly tied with Kathy Hochul

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U.S. Rep. Ritchie Torres (D-N.Y.) (Washington Blade photo by Michael Key)

Gay Democratic Congressman Ritchie Torres of New York is unlikely to challenge New York Gov. Kathy Hochul (D) in the state’s next gubernatorial race, he said during an appearance Wednesday on MSNBC’s “Morning Joe.”

“I’m unlikely to run for governor,” he said. ““I feel like the assault that we’ve seen on the social safety net in the Bronx is so unprecedented. It’s so overwhelming that I’m going to keep my focus on Washington, D.C.”

Torres and Hochul were nearly tied in a poll this spring of likely Democratic voters in New York City, fueling speculation that the congressman might run. A Siena College poll, however, found Hochul leading with a wider margin.

Back in D.C., the congressman and his colleagues are unified in their opposition to President Donald Trump’s signature legislation, the “Big Beautiful Bill,” which heads back to the House after passing the Senate by one vote this week.

To pay for tax cuts that disproportionately advantage the ultra-wealthy and large corporations, the president and Congressional Republicans have proposed massive cuts to Medicaid and other social programs.

A provision in the Senate version of the bill that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation, reportedly after pressure from transgender U.S. Rep. Sarah McBride (D-Del.) and lesbian U.S. Sen. Tammy Baldwin (D-Wis.).

Torres on “Morning Joe” said, “The so-called Big Beautiful Bill represents a betrayal of the working people of America and nowhere more so than in the Bronx,” adding, “It’s going to destabilize every health care provider, every hospital.”

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House Democrats oppose Bessent’s removal of SOGI from discrimination complaint forms

Congressional Equality Caucus sharply criticized move

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Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A letter issued last week by a group of House Democrats objects to Treasury Secretary Scott Bessent’s removal of sexual orientation and gender identity as bases for sex discrimination complaints in several Equal Employment Opportunity forms.

Bessent, who is gay, is the highest ranking openly LGBTQ official in American history and the second out Cabinet member next to Pete Buttigieg, who served as transportation secretary during the Biden-Harris administration.

The signatories to the letter include a few out members of Congress, Congressional Equality Caucus chair and co-chairs Mark Takano (Calif.), Ritchie Torres (N.Y.), and Becca Balint (Vt.), along with U.S. Reps. Nikema Williams (Ga.), Hank Johnson (Ga.), Raja Krishnamoorthi (Ill.), Delia Ramirez (Ill.), Joyce Beatty (Ohio), Lloyd Doggett (Texas), Eleanor Holmes Norton (D.C.), Josh Gottheimer (N.J.), and Sylvia Garcia (D-Texas).

The letter explains the “critical role” played by the EEO given the strictures and limits on how federal employees can find recourse for unlawful workplace discrimination — namely, without the ability to file complaints directly with the Employment Opportunity Commission or otherwise engage with the agency unless the complainant “appeal[s] an agency’s decision following the agency’s investigation or request[s] a hearing before an administrative judge.”

“Your attempt to remove ‘gender identity’ and ‘sexual orientation’ as bases for sex discrimination complaints in numerous Equal Employment Opportunity (EEO) forms will create unnecessary hurdles to employees filing EEO complaints and undermine enforcement of federal employee’s nondiscrimination protections,” the members wrote in their letter.

They further explain the legal basis behind LGBTQ inclusive nondiscrimination protections for federal employees in the EEOC’s decisions in Macy v. Holder (2012) and Baldwin v. Foxx (2015) and the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020).

“It appears that these changes may be an attempt by the department to dissuade employees from reporting gender identity and sexual orientation discrimination,” the lawmakers wrote. “Without forms clearly enumerating gender identity and sexual orientation as forms of sex discrimination, the average employee who experiences these forms of discrimination may see these forms and not realize that the discrimination they experienced was unlawful and something that they can report and seek recourse for.”

“A more alarming view would be that the department no longer plans to fulfill its legal obligations to investigate complaints of gender identity and sexual orientation and ensure its
employees are working in an environment free from these forms of discrimination,” they added.

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