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Picking up the pieces after ‘Don’t Ask’ defeat

Repeal supporters pin hopes on lame duck session after election

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Supporters of “Don’t Ask, Don’t Tell” repeal are picking up the pieces after a devastating loss in the U.S. Senate and — amid fears the opportunity for repeal has been lost — anticipating another shot at passing legislation that would end the law after Election Day.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said he continues to see a path for legislative repeal of “Don’t Ask, Don’t Tell” this Congress as he acknowledged the need for new efforts.

“We do have a shot in the lame duck,” he said. “And, I think, frankly, it’s better than 50/50, but we’ve got to change the mix. … It’s unlikely the vote will be that different.”

Still, Sarvis said “time is the enemy” even as he maintained that sufficient time remains this year to move forward with “Don’t Ask, Don’t Tell” repeal.

“We’re only talking about four or five days in November, and it’s unclear how many days in December,” Sarvis said. “This bill is tough to do in the best of circumstances when you aren’t up against time. I think it can be done, but time is a factor for sure.”

Alex Nicholson, executive director of Servicemembers United, said the legislative route to repeal will be a “challenge” and “those who let this vote fail yesterday really made it difficult for us all moving forward.”

“But we have no choice but to give it our all and try our best to push it through,” Nicholson said.

Jim Manley, a spokesperson for Sen. Harry Reid (D-Nev.), confirmed the majority leader’s plans to move forward with the defense authorization bill later this year.

“Sen. Reid reserved the right to reconsider the vote and that is what we intend to do at some point in the future,” Manley said.

Even before the vote, speculation and promises that Senate leaders would try again to start work on the defense authorization had emerged.

Sen. Joseph Lieberman (I-Conn.), the sponsor of Senate standalone repeal legislation, said Tuesday during a news conference he’s received assurances from Senate Majority Leader Harry Reid (D-Nev.) that the bill would come up again in the lame duck session after Election Day.

“If for some reason, we don’t get the 60 votes to proceed, this ain’t over,” Lieberman said. “We’re going to come back into session in November or December. I spoke to Sen. Reid [Tuesday]. He’s very clear and strong that he’s going to bring this bill to the floor in November or December.”

Senate Armed Services Committee Chairman Carl Levin (D-Mich.) said during a later news conference that he hopes the prospects for passing the defense authorization bill would be different after Election Day, but couldn’t offer more details.

“But as chairman of the committee, I’m going to do everything I can to get this bill before the Senate so that it’s subject to debate and amendment,” Levin said. “But I can’t discern what that path is at the moment. It’s too soon after the filibuster damage has been done.”

At least one political analyst is skeptical about the passage of “Don’t Ask, Don’t Tell” repeal in Congress this year.

Larry Sabato, a political scientist at the University of Virginia, expressed doubt about passage after Election Day — even as he acknowledged that “a lame duck session can be unpredictable.”

“From the perspective of September, the odds seem clearly against passage this year,” Sabato said. “Repeal of [‘Don’t Ask, Don’t Tell’] would have to be fast-tracked, and that requires broad agreement in the Senate. That’s unlikely.”

On Tuesday, the U.S. Senate failed to invoke cloture to bring to the floor the fiscal year 2011 defense authorization bill — legislation to which “Don’t Ask, Don’t Tell” repeal language is attached.

The vote in the Senate was 56-43, which was shy of the 60 votes necessary to end the filibuster from Sen. John McCain (R-Ariz.).

A unified GOP caucus — in addition to Democratic Arkansas Sens. Mark Pryor and Blanche Lincoln — comprised the “no” votes that defeated a cloture vote. Sen. Lisa Murkowski (R-Alaska) was the only senator who didn’t vote.

Reid changed his vote to “no” on the legislation in a procedural move that would enable him to bring the legislation to the floor again.

Sarvis said the failure of the Senate to invoke cloture on the defense authorization bill is “shameful” because it means the continued discharge of gay, lesbian and bisexual service members.

“That vote means that gay and lesbian service members are going to continue to be discharged every day while Republicans and Democrats in the Senate figure out how to move forward,” Sarvis said.

Sarvis said the LGBT community needs to “express more outrage” over the vote to convince Senate leaders to schedule the vote again and for successful passage.

“If we aren’t offended, if we aren’t outraged by this vote, I’m not sure how the political dynamics change,” Sarvis said. “Yes, things will be somewhat better after the mid-term elections are behind us, but the few determined opponents are still going to be there.”

Various explanations have been offered for the loss on Tuesday, although partisan politics are widely seen as the reason for failure.

Some faulted the GOP caucus for being obstinate in its vote against cloture even though many Republican senators previously expressed support for the defense authorization bill as a whole.

In a news conference following the vote, Levin called the unified GOP obstruction of the defense authorization bill “outrageous and sad.”

Levin accused the GOP of initially opposing the move forward with the defense authorization bill because of the language that would lead to an end to “Don’t Ask, Don’t Tell.”

“For two days, we’ve heard here that they objected to our proceeding because of the language in the bill relative to ‘Don’t Ask, Don’t Tell,’ even though that language is very moderate language,” Levin said.

The senator noted that the provision provides that repeal would only take effect after the Pentagon working group completes its study on the issue and the president, defense secretary and chair of the Joint Chiefs of Staff certify the U.S. military is ready for repeal.

Levin added he couldn’t recall a previous time in which the U.S. Senate couldn’t proceed to debate on defense authorization legislation.

“It’s important to know that we were just simply trying to get to the point where we could debate a bill,” he said. “I don’t think a filibuster has ever before prevented the Senate from getting to a defense authorization bill.”

GOP senators — including Sen. Susan Collins (R-Maine), who supported the repeal amendment to the defense authorization bill in committee — accused Democratic leadership on the Senate floor Tuesday of being intransigent by limiting the number of amendments that could come to the floor.

“That is why I am so disappointed that rather than allowing full and open debate and the opportunity for amendments from both sides of the aisle, the majority leader apparently intends to shut down the debate and exclude Republicans from offering a number of amendments,” Collins said.

Sarvis said a number of factors played into the unsuccessful cloture vote on Tuesday, including the pressure that repeal advocates placed on Reid to schedule the vote regardless of whether 60 votes were present to move forward.

“Those who were advocating a vote this Congress always understood that we would need 60 votes to succeed,” Sarvis said. “So the reality is, the majority leader scheduled the vote, but we came up short. We lost Democrats that we thought would be with us up until a few days ago and we lost some Republicans until late last week that we thought would be with us.”

Sarvis said Levin and McCain may have to reach some agreement on the number of amendments that can be offered to move forward.

“It doesn’t look good for Democrats or for Republicans — and especially this Congress — to be the first Congress in almost 50 years not to approve an authorization for the funding of our troops, especially when we are in war,” Sarvis said.

Supporters of “Don’t Ask, Don’t Tell” repeal have also cited insufficient support from the White House as a reason why the cloture vote was defeated.

Sarvis said President Obama didn’t make an effort to encourage senators to vote for cloture in the days prior to Tuesday.

“I did not see the White House whipping the vote for 72 hours before,” Sarvis said.

Nicholson ascribed blame to Obama as well as Reid and other LGBT organizations.

“The White House didn’t lift a finger to help and certain gay rights organizations refused to criticize Senator Reid while he derailed the vote in advance,” he said. “It’s just not a good position to be in with all of the hurdles and challenges of a highly polarized lame duck session ahead.”

During a Tuesday news conference, White House Press Secretary Robert Gibbs denied Lady Gaga had done more to advance the bill than President Obama. The pop singer appeared at a rally in Maine to promote passage of “Don’t Ask, Don’t Tell” repeal legislation and tweeted with senators to encourage them to move forward.

“We wouldn’t be taking on these issues if it weren’t for the president,” Gibbs said. “This is an issue that passed the House because of the president and this administration’s work and the work of many members in Congress.”

Gibbs also ascribed blame to the 60-vote threshold needed to move forward with legislation in the Senate — even for a bill to authorize funds for the Pentagon — and said “it’s certainly not healthy for the way our government works and it sets an awful precedent for getting things done in the future.”

Sarvis said support from the White House during the lame duck session would be crucial to advancing “Don’t Ask, Don’t Tell” repeal.

“We need the president speaking on this issue in the lame duck asking senators to be with him,” Sarvis said. “We know he favors repeal, but now we need him engaged more than ever.”

In the wake of Senate defeat, repeal advocates are seeking other options to move forward on “Don’t Ask, Don’t Tell.”

Litigation seeking to overturn the law has received renewed attention. Both Log Cabin v. United States and Witt v. Air Force are moving through the courts and could lead to an end to “Don’t Ask, Don’t Tell,” although legal experts expect those cases won’t be resolved for years.

In a statement following the Senate vote, Joe Solmonese, president of the Human Rights Campaign, urged the Obama administration not to appeal a recent California federal court’s decision against “Don’t Ask, Don’t Tell” in the case of Log Cabin v. United States.

“We expect the Justice Department to recognize the overwhelming evidence that proves [‘Don’t Ask, Don’t Tell’] is unconstitutional,” Solmonese said.

Even with litigation proceeding, Sarvis maintained that the legislative route is the best path for moving forward with repeal.

“The ball game is still in the Senate,” he said. “Yes, there’s some good things going on in the courts with Maj. Witt and the Log Cabin Republican case, but in all likelihood, those are going to be tied up for years.”

One question about a possible future vote on the defense authorization bill is what impact the Pentagon working group’s study on “Don’t Ask, Don’t Tell” due Dec. 1 would have on the legislation.

Sarvis dismissed the notion that the report represents a complication because he said he thinks the report would favor “Don’t Ask, Don’t Tell” repeal.

“They were asked to provide the [defense] secretary with a set of recommendations on how to implement open service,” Sarvis said. “Well, that is not going to be hurtful. Indeed, I’m not that concerned about the results of the survey.”

Nicholson said the completion of the Pentagon report should make voting for “Don’t Ask, Don’t Tell” easier for many senators, but said its release will be “thrown into the highly charged and high politicized environment of the lame duck session.”

“Unfortunately, the working group itself has become so politicized that its utility in this whole processed has been diminished because of that as well,” Nicholson said. “Bottom line — the administration really screwed this one up.”

Many senators, including McCain, have said they want to see the report before acting on “Don’t Ask, Don’t Tell.”

Sarvis predicted continued equivocation from these senators upon the completion of the report and congressional hearings may be necessary following the completion of the study to address concerns.

“Sen. McCain says, ‘Oh, I’m going to need some time to study that report and analyze how they came up with those recommendations,’” Sarvis said. “‘We may need some hearings on that.’ So that’s going to remain a moving target.”

Another possible complication in the legislative effort to repeal “Don’t Ask, Don’t Tell” later this year is state election laws.

According to Bloomberg News, state laws in Illinois, Delaware and West Virginia terminate the terms of appointed senators immediately after Election Day. Their elected successors may start in the lame duck session this year as opposed to the start of the next Congress.

These laws mean Sens. Ted Kaufman (D-Del.), Carte Goodwin (D-W.Va.) and Roland Burris (D-Ill.) — who voted in favor of cloture on Tuesday — may have to give up their seats to “Don’t Ask, Don’t Tell” repeal opponents in the lame duck session.

Sarvis acknowledged that a worst-case scenario of the loss of all three seats would complicate efforts to move forward with the defense authorization if the Senate faces another filibuster.

“If we’re facing another filibuster, I think it’s very, very challenging if we lose those three seats,” Sarvis said.

Sarvis said he’s spoken with Chris Coons, the Democratic nominee for U.S. Senate in Delaware, about “Don’t Ask, Don’t Tell” repeal.

“He looked me in the eye and told me that if he’s in the U.S. Senate, he will be voting for repeal,” Sarvis said. “So, I take heart from that commitment.”

Sarvis said he has “no idea” how Republican candidate Christine O’Donnell would vote should she win in the November election. O’Donnell is known for her opposition to gays and has spoken out against homosexuality.

Illustration courtesy of Georgia Voice

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Federal Government

Texas Children’s Hospital reaches $10 million settlement with DOJ over gender-affirming care

Clinic specializing in detransition care will be established

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Justice Department in D.C. (Washington Blade photo by Joe Reberkenny)

The Justice Department announced May 15 that it has reached a settlement with Texas Children’s Hospital, one of the nation’s top pediatric hospitals.

Under the agreement, the hospital will pay more than $10 million in damages and civil penalties related to its provision of gender-affirming care and will establish a clinic specializing in detransition care.

The DOJ partnered with Texas Attorney General Ken Paxton’s office to resolve allegations that the hospital submitted false billings to public and private insurers to secure coverage for pediatric gender-affirming procedures. The department alleges the conduct violated the Federal Food, Drug, and Cosmetic Act, the False Claims Act, and federal fraud and conspiracy laws.

The settlement was reached out of court, meaning neither party formally admitted wrongdoing. Both the DOJ and Texas Children’s Hospital denied liability.

“The Justice Department will use every weapon at its disposal to end the destructive and discredited practice of so-called ‘gender-affirming care’ for children,” Acting Attorney General Todd Blanche said in a DOJ press release. “Today’s resolution protects vulnerable children, holds providers accountable, and ensures those harmed receive the care they need.”

The DOJ’s hardline stance on gender-affirming care sharply contrasts with the positions of major medical organizations, transgender healthcare advocates, and human rights groups, which broadly support gender-affirming care as an evidence-based treatment for gender dysphoria.

Adrian Shanker, former Deputy Assistant Secretary for Health Policy and Senior Advisor on LGBTQI+ Health Equity at the U.S. Department of Health and Human Services under during the Biden-Harris administration, told the Washington Blade the settlement could have sweeping consequences for trans youth and healthcare providers nationwide.

“The Trump administration’s framing of gender-affirming care is wildly inaccurate, scientifically implausible, and frankly, just mean-spirited,” Shanker told the Blade. “What’s really clear is that the science hasn’t changed, the evidence hasn’t changed — it’s only the politics that have changed. Unfortunately, the people that lose out the most with a settlement like this one are the patients that are denied access to care where they live.”

According to Shanker, the agreement also requires Texas Children’s Hospital to revoke privileges for physicians involved in providing gender-affirming care, potentially limiting their ability to practice elsewhere.

“This is a weaponized Department of Justice doing absurd investigations against providers that are providing care within the established standard of care,” he said. “They’ve come up with an absurd remedy in their settlement to require a so-called ‘detransition clinic’ to open at Texas Children’s. It’s harmful to science, it’s harmful to trans people, and it’s harmful to the medical profession.”

Shanker argued the case reflects a broader politicization of trans healthcare.

“Every American should be concerned about the weaponized Department of Justice and their obsession with trans people and their access to care,” he said. “These hospitals that provide gender-affirming care, the providers of gender-affirming care, have done nothing wrong. They followed the standards of care that are well established and followed the mountain of evidence.”

Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal, echoed those concerns.

“For Texas Children’s to capitulate to this pressure campaign of both Paxton and the Trump administration and end this care, and go after physicians who had been lawfully and faithfully taking care of their patients, it’s hard to see that as anything other than bending the knee in the face of political pressure,” Loewy told the Blade. “That’s not putting your mission above politics. Your mission is to provide health care for kids that need it.”

Loewy said the settlement reflects years of efforts by Paxton and the Trump-Vance administration to target gender-affirming care providers. Paxton has pursued investigations into providers across Texas since 2022 and supported a 2023 law banning gender-transition-related medical care for minors. Meanwhile, the Trump-Vance administration moved quickly in its second term to restrict trans healthcare access, including through Executive Order 14187, titled “Protecting Children from Chemical and Surgical Mutilation.”

“This is a perfect storm of Ken Paxton’s own mission to stigmatize and target trans young people and their healthcare in Texas with the Trump administration’s targeting of trans people and gender-affirming medical care,” Loewy said. “It is the two of them together. Without that, you wouldn’t have had this settlement.”

Loewy also emphasized that the settlement is part of a broader legal strategy targeting providers nationwide.

“You can’t view this one in isolation from all of the other administrative subpoenas that have been sent to hospitals or other kinds of medical providers that have provided gender-affirming medical care to trans adolescents,” she said. “It is all part and parcel of the same direct line from the executive orders that were issued in the first days of this Trump administration.”

“Every court that has considered those subpoenas has found them illegitimate and issued for an improper purpose, or at least narrowed them really dramatically,” she added. “Courts agree these hospitals didn’t do anything wrong. It’s the DOJ that has the problem here.”

Shanker also criticized the settlement’s requirement that the hospital establish a detransition clinic, arguing the move contradicts existing medical evidence.

“The irony shouldn’t be lost on anyone that the Trump administration is claiming that gender-affirming care lacks a scientific basis, and then is requiring the opening of a so-called detransition clinic, which certainly lacks a scientific basis,” Shanker said. “There’s less than a 1% regret rate when it comes to gender-affirming care. That’s lower than knee surgery, lower than bariatric surgery, lower than childbirth, lower than breast reconstruction, and lower than tattoos.”

Loewy was similarly blunt in her criticism.

“This is the most craven, political, ridiculous elevation of ideology over evidence,” she said. “They are creating a program built on an outcome that almost never happens. It is unprecedented and politically mandated rather than healthcare mandated.”

She said the settlement’s broader effect will be to intimidate providers and further marginalize trans people.

“The real effect here is to further stigmatize trans people and intimidate healthcare providers,” she said. “This is about sending a message nationwide that the DOJ is coming after the doctors. These are committed, faithful, law-abiding physicians and healthcare providers who just want to provide the healthcare their patients actually need.”

Both Loewy and Shanker warned that restricting access to gender-affirming care could deepen health disparities for trans people.

“We know that when transgender Americans lack the care that they need, we end up with higher rates of depression, higher rates of anxiety, higher rates of self-harm and suicidal ideation,” Shanker said. “We know that gender-affirming care is a medically appropriate, scientifically grounded form of care that resolves these challenges and leads us toward health equity. It’s unfortunate that the Trump administration has politicized not only transgender medicine, but the very basis of public health.”

Shanker said the restrictions are already prompting some trans people to relocate in search of care.

“We’re already seeing medical refugees leave states that have restricted access to care to move to states where it’s still available,” he said. “Frankly, we’ve already seen some trans people go to other countries to receive care or maintain access to care.”

Loewy said the DOJ’s recent subpoenas targeting hospitals, including those issued to NYU Langone Health in New York, suggest the administration is escalating its legal strategy.

“We’ve seen the DOJ escalate this by convening a grand jury and issuing grand jury subpoenas to hospitals,” she said. “That is going to be the next front in this fight.”

In addition to , there has been as large increase in anti-trans legislation in the past few years — with 126 federal pieces of legislation introduced this year and 26 state level policies passed across the country.

Still, Loewy pointed to recent court victories as evidence that challenges to these policies can succeed.

“Just yesterday, a state court in Kansas struck down that state’s ban on gender-affirming medical care in one of the most meticulous recognitions of the medical consensus and the harm of denying care to trans young people,” she said. “When courts actually look at the science and the impacts on trans people, they still can rule the right way.”

Asked whether there is any optimism to be found amid the ongoing legal battles, Loewy said she continues to draw hope from advocates, families, and community organizers fighting back.

“The solidarity of the community is really what brings hope,” she said. “There are incredible lawyers, advocates, families, and organizations fighting every day to protect these kids and their privacy and safety. It is that community strength and collaborative effort that continues to give me hope.”

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Commentary

‘Live Your Pride’ is much more than a slogan

Waves Ahead forced to cancel May 17 event in Puerto Rico

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(Courtesy image)

On May 5, I spoke by phone with Wilfred Labiosa, executive director of Waves Ahead, a Puerto Rico-based LGBTQ community organization that for years has provided mental health services, support programs, and safe spaces for vulnerable communities across the island. During our conversation, Labiosa confirmed every concern described in the organization’s public statement announcing the cancellation of “Live Your Pride,” an event scheduled for Sunday in the northwestern municipality of Isabela. But beyond the financial struggles and organizational challenges, what stayed with me most was the emotional weight behind his words. There was pain in his voice while describing what it means to watch spaces like these slowly disappear.

This was not simply the cancellation of a community event.

“Live Your Pride” had been envisioned as a celebration and affirming gathering for LGBTQ older adults and their allies in Puerto Rico. In a society where many LGBTQ elders spent decades hiding parts of themselves in order to survive, spaces like this carry enormous emotional and social significance. They become places where people can finally exist openly, without fear, apology, or shame.

That is why this cancellation matters far beyond Isabela.

What is happening in Puerto Rico cannot be separated from the broader political climate unfolding across the U.S. and its territories, where programs connected to diversity, inclusion, education, mental health, and LGBTQ visibility increasingly find themselves under political attack. These changes do not always arrive through dramatic announcements. More often, they happen quietly. Funding disappears. Community organizations weaken. Safe spaces become harder to sustain. Eventually, the absence itself begins to feel normal.

That normalization is dangerous.

For years, organizations like Waves Ahead have stepped into gaps left behind by institutions and governments, particularly in communities where LGBTQ people continue facing discrimination, social isolation, economic instability, and mental health struggles. Their work has never been limited to organizing events. It has involved accompanying people through loneliness, trauma, rejection, depression, aging, and survival itself.

“Live Your Pride” represented much more than entertainment. It represented visibility for LGBTQ older adults, many of whom survived decades of family rejection, religious exclusion, workplace discrimination, violence, and silence. These are individuals who came of age during years when living openly could cost someone employment, housing, relationships, or personal safety. Many learned to survive by making themselves invisible.

When spaces like this disappear, something deeply human is lost.

A gathering is canceled, yes, but so is an opportunity for healing, connection, recognition, and dignity. For many LGBTQ older adults, especially in smaller municipalities across Puerto Rico, these events are not secondary luxuries. They are reminders that their lives still matter in a society that too often treats aging and queer existence as disposable.

There are still political and religious sectors that portray the rainbow as some kind of ideological threat. But the rainbow does not erase anyone. It illuminates people and stories that society has often tried to ignore. It reflects the lives of young people forced out of their homes, transgender individuals targeted by violence, older adults aging in silence, and families that spent years defending their right to exist openly.

Perhaps that is precisely why the rainbow unsettles some people so deeply.

Its colors expose abandonment, hypocrisy, inequality, and fear. They force societies to confront realities that are easier to ignore than to address honestly. They reveal how fragile human dignity becomes when political agendas decide that certain communities are no longer worthy of protection, funding, or visibility.

The greatest concern here is not solely the cancellation of one event in one Puerto Rican town. The deeper concern is the message quietly taking shape behind decisions like these — the idea that some communities can wait, that some lives deserve fewer resources, and that safe spaces for vulnerable people are expendable during moments of political tension.

History has shown repeatedly how social regression begins. Rarely with one dramatic act. More often through exhaustion, silence, budget cuts, and the slow dismantling of organizations doing essential community work.

Even so, Waves Ahead made one thing clear in its statement. Although “Live Your Pride” has been canceled, the organization will continue providing mental health and community support services through its centers across Puerto Rico. That commitment matters because people do not survive on slogans alone. They survive because somewhere there are still open doors, trained professionals, supportive communities, and people willing to remain present when the world becomes colder and more hostile.

Puerto Rico should pay close attention to what this moment represents. No healthy society is built by weakening the organizations that care for vulnerable people. No government should feel comfortable watching community groups struggle to survive while attempting to provide services and compassion that public institutions themselves often fail to offer.

The rainbow has never been the problem.

The real problem is the discomfort created when its colors force society to confront the wounds, inequalities, and human realities that too many people would rather keep hidden.

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Federal Government

Bureau of Prisons declines to reconsider transgender inmate policy

Democratic lawmakers raised concerns this week, lawsuit filed

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(Photo by Andrushko Galyna/Bigstock)

Following a letter sent Monday by several Democratic senators raising concerns about the Federal Bureau of Prisons’ updated transgender inmate policy, the BOP responded to a request for comment from the Washington Blade, saying it does not plan to reverse the changes implemented earlier this year.

The policy was revised in 2025 to comply with President Donald Trump’s Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”

In a statement to the Blade, BOP spokesperson Donald Murphy said the updated policy is rooted in medical guidance and data-driven decision making.

“The BOP implemented the February 2025 policy to ensure that inmates with gender dysphoria are properly diagnosed and treated consistent with best medical practices,” he said. “Unlike the prior administration’s one-size-fits-all approach, the BOP’s new policy ensures individualized assessments and treatments. And while the previous administration’s policies on treating inmates with gender dysphoria was driven by radical ideology, the BOP’s current policy is based on medical studies, medical expert opinions, state correctional policies, caselaw, and penological concerns. Absent court order, there are no plans to reconsider or revisit the policy.”

U.S. Sens. Ed Markey (D-Mass.), Jeff Merkley (D-Ore.), and Mazie Hirono (D-Hawaii) signed the letter, arguing that the policy change fails to adequately prioritize the safety of trans inmates — protections they say are guaranteed under the Constitution.

This inquiry comes days after a federal lawsuit was filed against the Justice Department specifically on the concern that trans inmates are not receiving adequate care.

Earlier this month, the National Center for LGBTQ Rights, a legal organization focused on LGBTQ rights since 1977, filed a lawsuit in District Court of the District of Columbia against the Trump-Vance administration in collaboration with GLAD Law, Lowenstein Sandler LLP, and Wardenski P.C.

The suit, filed on May 6, alleges the administration is “ignoring federal protections” designed to prevent sexual abuse of incarcerated trans people.

“Transgender people in prison are sexually abused or assaulted at nearly 10x the rate of the general prison population,” the press release announcing the lawsuit states, adding that federal legislation was enacted to address those risks.

The plaintiff in the lawsuit, Paulina Poe, is a trans woman currently incarcerated in a men’s facility. According to the complaint, she has been “propositioned, groped, sexually harassed, and assaulted” by male inmates and subjected to strip searches by male officers — circumstances the Prison Rape Elimination Act regulations were intended to prevent.

The lawsuit also argues that the policy changes violate constitutional protections and deny trans inmates medically necessary care.

“The Eighth Amendment requires prisons and jails to provide ‘adequate medical care’ to incarcerated people which includes adequate treatment for people diagnosed with gender dysphoria,” says the Transgender Law Center. “‘Adequate medical care’ should be delivered according to accepted medical standards, such as WPATH’s Standards of Care. Some courts have said that in some circumstances ‘adequate medical care’ for gender dysphoria includes providing gender-appropriate clothing and grooming supplies, and the ability to present yourself consistent with your gender identity.”

GLAD Law Staff Attorney Sarah Austin also issued a statement when the lawsuit was announced, saying those responsible for the policy changes — and the rollback of protections under the Prison Rape Elimination Act — will be “held accountable for this egregious and lawless action.”

“The federal government’s unlawful attempt to roll back binding Prison Rape Elimination Act regulations is an especially dangerous step in its ongoing campaign to strip transgender people of legal protections,” Austin said. “The targeting of transgender incarcerated people is a deliberate choice to put vulnerable people in harm’s way simply because of who they are.”

The Justice Department has not responded to the Blade’s request for comment.

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