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LGBTQ lawmakers, advocacy groups condemn GOP’s anti-trans sports ban

Several members raised their objections to the bill in speeches on the House floor.

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

LGBTQ and civil rights advocacy groups and Democratic lawmakers in the U.S. House of Representatives denounced legislation passed on Tuesday by the Republican majority that would prohibit schools that receive federal education funding from allowing transgender students to participate in girls’ and women’s sports.

As the bill was brought to a vote, ultimately passing 218-206, Democrats slammed the measure in speeches on the House floor, statements from their congressional offices, and social media posts. Among them were the out LGBTQ leadership of the Congressional Equality Caucus and several allies who serve as vice-chairs.

Freshman U.S. Rep. Sarah McBride, the first transgender member of Congress, did not participate in the floor debate.

“Republicans are moving a bill that would ban transgender students of all ages from participating in sports and put all female athletes at risk for harassment and abuse,” U.S. Rep. Mark Takano (D-Calif.), who is gay and chairs the Equality Caucus, said in a video on X.

“This sports ban opens the door to subjecting all female students to secret investigations, intrusive demands for medical tests, or reviews of their private medical information,” he said. “This bill is so vaguely written that it could force any girl to undergo invasive medical exams to ‘prove’ that they are a girl.”

The congressman continued, “This bill isn’t about equity. It isn’t about fairness. It is a weaponization of the federal government against a small group of people at the expense of privacy rights for all students.”

“It does nothing to address the real inequities that female athletes face,” Takano said, “and instead overrides the authority of interscholastic and intercollegiate sports federations, as well as athletic organizations.”

Gay U.S. Rep. Mark Pocan (D-Wis.), who chaired the caucus in the previous Congress and now serves as a co-chair, said “No bill is before us to lower costs for Americans, instead it is a political attempt to divide us as a nation, stigmatizing some kids so some adults can get MAGA merit badges.

“The Republican governor of Utah vetoed a similar piece of legislation after he shared that of the 75,000 students in high school sports in Utah, only four were trans, and only one a girl playing sports. But he also mentioned the very real 86% of trans kids reporting suicidality due to issues like adults stigmatizing kids for political gain.

“Instead, today, the proposed solution is in search of an actual problem. Suggests we somehow ban girls from sports with some sort of process to determine who is a girl. Does this mean hiring potential predators to peek at the private parts of kids in locker rooms?

“Now that sounds like an actual problem to me, creating a solution to a non-existent problem by creating a problem instead of lowering costs for Americans as a sign of an ineffective congressional majority at best, I urge a no vote, and I yield back.”

U.S. Rep. Becca Balint (D-Vt.), a lesbian co-chair of the caucus who previously taught middle school history and social studies, delivered an impassioned floor speech, telling Republican House Speaker Mike Johnson (La.) “I rise in fierce opposition to this bill”:

“Trans Americans are not the problem. This obsession with monitoring kids’ genitals is absolutely the problem.

“Let’s be clear. This is about kids. My kids, your kids, all kids. All kids, even elementary school kids playing basketball. I’m a mom of two teens. I’m a former teacher. I know what kids are going through in school. They are already self-conscious about their bodies. They just want to be on the soccer field with their friends. They certainly do not want to be humiliated by members of Congress.

“So, come on, let’s talk about what enforcement looks like, because you guys, you don’t want to talk about it. We know there is only one logical conclusion to this. This is interrogation of young girls. About their bodies. This is asking people to show them what is underneath their underwear.”

“That is what we’re talking about. This is the logical conclusion for this bill. So, it’s vile. It’s twisted. They don’t want to talk about the details. It’s an absolute invasion of children’s privacy. Far from protecting anyone, it puts our children at risk. And actually, I urge colleagues on both sides of the aisle to reject this government overreach.”

Gay caucus co-chair U.S. Rep. Robert Garcia (D-Calif.) voiced his opposition to the bill in a post on X.

Other out LGBTQ Democratic co-chairs of the caucus spoke out from the House floor on Tuesday.

An especially comprehensive floor speech came from U.S. Rep. Suzanne Bonamici (D-Ore.), a caucus co-chair, who began her remarks by proclaiming that “the so-called Protection of Women and Girls in Sports Act” will “actually do the opposite and make sports more dangerous for women and girls.” The congresswoman said:

“This bill is a ‘one size fits all’ approach that would apply equally to every sport from K-12 schools to colleges. Currently schools, parents, and communities manage youth sports leagues and write rules about who can participate in different sports at different levels. Many states, schools, and athletic associations across the country have allowed equal participation for transgender athletes for years and it’s working just fine. 

“This legislation would revoke all federal funding from schools that include transgender students on girls’ and women’s sports teams. This is damaging and discriminatory to transgender students, who benefit, as all students do, from participating in school sports, and also damaging to the entire school that’s threatened because federal funding benefits all students.

“Keep in mind, colleagues, that as of last month, of the approximately 510,000 athletes who play at the NCAA level – 10 are transgender.  Not 10,000. Ten. Out of 510,000. 

“Transgender students — like all students — they deserve the same opportunity as their peers to learn teamwork, to find belonging, and to grow into well-rounded adults through sports. Childhood and adolescence are important times for growth and development, and sports help students form healthy habits and develop strong social and emotional skills. Sports provide meaningful opportunities for kids to feel confident in themselves and learn valuable life lessons about teamwork, leadership, and communication. Teams provide a place for kids to make friends and build relationships.

“Yet my colleagues across the aisle want to take these opportunities away from certain children; that’s discriminatory and it’s wrong.

“My colleagues are apparently so afraid of people who are different from them that they’ve manufactured false and dangerous presumptions based on outdated stereotypes about transgender people, especially transgender women and girls.

“Additionally, there is no way this so called “protection” bill could be enforced without opening the door to harassment and privacy violations. It opens the door to inspection, not protection, of women and girls in sports. Will students have to undergo exams to “prove” they’re a girl? We are already seeing examples of harassment and questioning of girls who may not conform to stereotypical feminine roles; will they be subject to demands for medical tests and private information? That’s intrusive, offensive, and unacceptable, especially from a party of limited government.

“I want to be very clear, there are real problems harming women and girls in sports, but transgender students are not why. Today, we should be working to solve the real, pervasive problems in athletics that deter women and girls from participating, including sexual harassment and assault, lack of equal resources, and pay inequality.

“We should be working on those issues, and also on the issues that improve the lives of the people we represent back home, like increasing access to affordable health care and housing, lowering costs for everyday Americans, and fighting the climate crisis.

“But instead, here we are again. We’ve seen this time and time again—Republicans fearmonger about the trans community to divert attention from the fact that they have no real solutions to help everyday Americans with the pressing problems they face.

“We must not discriminate against kids because of who they are. Transgender youth already face high hurdles, and research shows that this type of discriminatory policy is associated with declines in mental health and higher suicide risk among already threatened LGBTQI+ youth. We don’t need adults in Congress making things worse.

“As Republican Governor Spencer Cox from Utah said in his veto statement of a similar bill, “When in doubt, however, I always try to err on the side of kindness, mercy, and compassion.”

“Republicans, who have voted consistently against the Violence Against Women Act, who have taken the rights of all women to have control over their own body, who as women are bleeding out in parking lots, now want to pretend today that they care about women,” U.S. Rep. Alexandria Ocasio Cortez (D-N.Y.), a vice-chair of the caucus, said in a floor speech.

She continued, “And why? To open up genital inspection on little girls across this country in the name of attacking trans girls. We have two words. Not today.”

These and other House Democrats began calling the legislation the “GOP Child Predator Empowerment Act” to highlight the risk that if it becomes law, the ban could lead to genital exams of minor student-athletes by adults and therefore might help facilitate child sexual abuse.

While the House Education Committee chair, U.S. Rep. Tim Walberg (R-Mich.), said that birth certificates should be used to settle questions about students’ gender, the bill’s opponents said the absence of a workable enforcement mechanism leaves open a range of ways in which students’ bodies and privacy could be violated.

U.S. Rep. Sara Jacobs (D-Calif.), for instance, who is also a vice-chair, noted in her floor speech that “We have already seen an investigation like this” into a student’s gender “at a high school in Utah, and unsurprisingly, they targeted someone who wasn’t trans.”

She was referring to a case in Utah in 2022 that was kicked off when the parents of athletes who placed second and third in in a state level competition suspected the winner might be trans and filed a complaint the Utah High School Activities Association. Records showed her sex was listed as female since kindergarten.

Advocacy groups

“Just five days after Florida Governor Ron DeSantis signed an anti-transgender sports ban in 2021, a cisgender girl faced brutal harassment from the sidelines at a lacrosse game simply because she had short hair,” the Human Rights Campaign wrote in a press release Tuesday that highlighted many of the same harms addressed by House Democrats who rose in objection to the bill.

“We all want sports to be fair, students to be safe, and young people to have the opportunity to participate alongside their peers,” HRC President Kelley Robinson said in a statement included in the release. “But this kind of blanket ban deprives kids of those things. This bill would expose young people to harassment and discrimination, emboldening people to question the gender of kids who don’t fit a narrow view of how they’re supposed to dress or look.

Robinson added, “It could even expose children to invasive, inappropriate questions and examinations. Participating in sports is about learning the values of teamwork, dedication, and perseverance. And for so many students, sports are about finding somewhere to belong.”

“We should want that for all kids – not partisan policies that make life harder for them,” she said.  

HRC also argued that excluding trans women and girls from competitive athletics, denying them the benefits to their physical and mental health that come with participating in sports, can cause tremendous harm since these students “face higher risk of anxiety, depression, and bullying” than their cisgender peers.

In Monday in advance of the debate and floor vote, 405 national and local civil rights, education, and gender justice organizations joined a letter issued on Monday by the Leadership Conference on Civil and Human Rights urging House lawmakers to reject the Protection of Women and Girls in Sports Act.

“Although the authors of the legislation represent themselves as serving the interests of cisgender girls and women, this legislation does not address the longstanding barriers all girls and women have faced in their pursuit of athletics,” the letter reads, in part. “Instead of providing for equal facilities, equipment, and travel, or any other strategy that women athletes have been pushing for for decades, the bill cynically veils an attack on transgender people as a question of athletics policy.”

“We are fortunate that transgender, nonbinary, and intersex people are present in our community, and we fully embrace them as members of our community,” the signatories wrote. “As organizations that care deeply about ending sex-based discrimination and ensuring equal educational opportunities, we support laws and policies that protect transgender people from discrimination, including full and equal participation in sports, access to gender-affirming care, access to school facilities, and access to inclusive curriculum. We firmly believe that an attack on transgender youth is an attack on civil rights.”

Along with HRC, which is the nation’s largest LGBTQ rights organization, other advocacy groups that signed the Leadership Conference’s letter also issued separate statements Tuesday following passage of the bill.

Among them was GLAAD, whose President and CEO Sarah Kate Ellis said “Legislators who voted today in favor of banning transgender girls from participating in school sports should be ashamed of themselves.”

“Right now, gun violence is the number one cause of death to American children, yet extremist lawmakers ignore this reality to push bills that further endanger and isolate LGBTQ youth who just want to be themselves and play with their friends.

“Legislators have an obligation to stand up for all, not just some, of their constituents. Allowing students to participate in sports is about equal opportunity, the ability to make friends and belong, and stay active, healthy and happy. Young transgender people should not have to watch lawmakers debate their basic humanity.

“Legislators must meet with transgender youth, their families, teammates, and coaches who would be harmed by this dangerous legislation; propose ways to protect all youth; and stop pushing anti-LGBTQ discrimination in a phony attempt to protect women and girls. Protect all kids and let them play.”

GLBTQ Legal Advocates and Defenders (GLAD Law) Senior Director of Transgender and Queer Rights Jennifer Levi said, “It’s disgraceful to see the new Congress make one of its first priorities a sweeping bill that would deny transgender kids of any age the opportunity to play school sports and strip from them the many educational benefits sports provide.”

“Thoughtful policies can successfully balance fairness and inclusion in sports at multiple levels of competition, as local school districts and sports associations have done for many years,” she said. “We appreciate those in Congress who voted against this extreme bill and hope the Senate will recognize that blanket bans imposed by politicians don’t serve athletes, students, or sport.”

Despite the 53-vote GOP majority in the Senate, Republicans will need seven Democrats to support the sports ban for the bill to pass, which is unlikely. Still, President-elect Donald Trump promised to intervene with executive action, which would likely mean directing the U.S. Department of Education to investigate schools that allow trans women and girls to compete in sports for violations of federal law prohibiting sex-based discrimination.

He and the conservatives backing the Protection of Women and Girls in Sports Act believe athletes whose birth sex is female have actionable Title IX claims on the grounds that they are unfairly disadvantaged when competing against their transgender counterparts, even though the research on this question is mixed.

In a fundraising email, the LGBTQ Victory Fund denounced the effort by House Republicans to “rewrite Title IX, the federal civil rights law that prohibits sex discrimination in educational institutions,” adding that “The author of this hateful bill” U.S. Rep. Greg Steube (R-Fla.) “even went so far as to claim trans people and trans identities are made up, before launching into a transphobic rant!”

Speaking from the House floor on Tuesday, the GOP congressman said, “Our culture and civilization continue to be subject to the perverse lie that there are more than two genders or that men can be women and women can be men.”

Allison Scott, director of impact and innovation at the Campaign for Southern Equality, said: “The passage of HB28 by the U.S. House of Representatives is a cruel and unjust abuse of power that targets a very small number of young people who just want to play school sports with their friends.

“It’s appalling that one of the first priorities of this new Congress is to bully children with the weight of a federal law. I want to send a clear message to transgender young people and their families: No law can strip you of your inherent dignity and humanity, and we will never stop working alongside you and a huge community nationwide to ensure all people can live authentically and with joy.

“The Senate should do the right thing here, refuse to exclude and marginalize children, and reject this legislation.”

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Congress

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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Senate parliamentarian orders removal of gender-affirming care ban from GOP reconciliation bill

GOP Senate Leader John Thune (S.D.) hoped to pass the bill by end-of-week

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(Washington Blade photo by Michael Key)

Restrictions on the use of federal funds for gender-affirming care will be stripped from the Republican-led Senate reconciliation bill, following a ruling by the Senate parliamentarian on Tuesday that struck down a number of health related provisions.

The legislation banned coverage for transgender medical care through Medicaid and the Children’s Health Insurance Program, language that was also included in the House version of the bill passed on May 22 with a vote of 215-214.

The parliamentarian’s decision also rejected Republican proposals for a Medicaid provider tax framework, which allows states to charge health care providers and use the funds to support their programs, along with broader cuts to Medicaid.

Amid calls to override Tuesday’s ruling from Republicans like U.S. Rep. Greg Steube (Fla.), GOP Senate Majority Leader John Thune (S.D.) told reporters “That would not be a good outcome for getting a bill done.”

He also acknowledged that the timing and schedule might have to be adjusted. Senate Republicans had hoped to pass the reconciliation bill by the end of this week, though this was not a legal or procedural deadline.

Dubbed the “one big, beautiful bill” by President Donald Trump, the legislation would extend tax breaks from 2017 that overwhelmingly benefit the wealthiest Americans and corporations. To cover the cost, which is estimated to exceed $4 trillion over 10 years, the bill would make drastic cuts to social welfare programs, particularly Medicaid.

Democrats are not in a position to negotiate across the aisle with Republicans holding majorities in both chambers of Congress, but for months they have been calling attention to the effort by their GOP colleagues to strip Americans of their health insurance to pay for the tax breaks.

The Congressional Budget Office estimates that 10.9 million people would lose their coverage, either through Medicaid or the Affordable Care Act marketplaces. Some Republicans like U.S. Sen. Josh Hawley (Mo.) are pushing back against the deep cuts to Medicaid, arguing they would be devastating for many of their constituents and also to hospitals, nursing homes, and community health care providers in rural areas.

In a statement emailed to the Washington Blade on Tuesday, U.S. Senate Democratic Whip Dick Durbin (Ill.) said, “Anti-trans extremists are attempting to use the full power of the government to hurt kids, and recent Supreme Court decisions in Skrmetti and Medina are enabling their quest.”

While today’s ruling by the Senate parliamentarian is a temporary win, I will keep pushing back on these shameful attempts to harm trans kids and their families for trying to live authentically,” said the senator, who also serves as ranking member of the powerful Senate Judiciary Committee.

U.S. Rep. Mark Takano (D-Calif.), who is gay and chairs the Congressional Equality Caucus, also shared a statement with the Washington Blade addressing the parliamentarian’s ruling:

“This ruling by the Senate Parliamentarian is a win for the transgender people who rely on Medicaid and CHIP to access the healthcare they need to live fuller, happier, and healthier lives—but the fight is not over yet,” the congressman said.

 “Republican Senators must abide by her ruling and remove the ban from the final version of Trump’s Big Ugly Bill,” he said. “Yet, even with this provision removed, this bill is terrible for the American people, including trans Americans. Every Equality Caucus member voted against it in the House and we’re ready to do so again if the Senate sends it back to the House.”

The Human Rights Campaign issued a press release with a statement from the organization’s vice president for government affairs, David Stacy:

“The fact remains that this bill belongs in the trash. It continues to include devastating cuts to health care programs — including Medicaid — that would disproportionately harm the LGBTQ+ community, all so the already rich can receive huge tax cuts,” Stacy said.

“While it comes as a relief that the Senate parliamentarian concluded that one provision in the nightmarish reconciliation bill that would have denied essential, best practice health care to transgender adults does not belong, we aren’t done fighting,” he said. “With attacks on our community coming from many directions, including the Supreme Court, we will work to defeat this bill with everything we’ve got.”


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Murkowski, Shaheen reintroduce Global Respect Act

Bill would sanction foreign nationals who commit anti-LGBTQ human rights abuses

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Then-U.S. Ambassador to Hungary David Pressman marches in the 2024 Budapest Pride parade that took place against the backdrop of the Hungarian government's continued anti-LGBTQ crackdown. The Global Respect Act would sanction foreign nationals who carry out human rights abuses against LGBTQ and intersex people. (Photo courtesy of Pressman's X account)

U.S. Sens. Lisa Murkowski (R-Alaska) and Jeanne Shaheen (D-N.H.) on Wednesday once again introduced a bill that would sanction foreign nationals who carry out human rights abuses against LGBTQ and intersex people.

The two senators have previously introduced the Global Respect Act. Co-sponsors include U.S. Sens. Chris Van Hollen (D-Md.), Chris Murphy (D-Conn.), Jeff Merkley (D-Ore.), Cory Booker (D-N.J.), Peter Welch (D-Vt.), Brian Schatz (D-Hawaii), Edward Markey (D-Mass.), Tammy Baldwin (D-Wis.), and Ron Wyden (D-Ore.)

“Around the world, individuals who are part of the LGBTQ+ community are in danger for simply existing,” said Murkowski in a press release. “Hate and violence cannot and should not be tolerated. I’m hopeful that this legislation will establish actionable consequences for these inexcusable human rights violations, and create a safer world for all people — regardless of who they are or who they love.” 

Shaheen in the press release notes “the risk of personal harm for LGBTQI individuals for publicly identifying who they are or expressing who they love has tragically increased in recent years.”

“Human rights, as defined by the Universal Declaration of Human rights, recognizes that global freedom, justice, and peace depend on ‘the inherent dignity’ and ‘the equal and inalienable rights of all members of the human family,” said the New Hampshire Democrat. “LBGTQI human rights are universal human rights. We must ensure that we hold all violators of those rights accountable.” 

The promotion of LGBTQ and intersex rights abroad was a cornerstone of the Biden-Harris administration’s foreign policy.

The current White House has suspended most foreign aid. The elimination of these funds has left the global LGBTQ and intersex rights movement reeling.

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