News
DeVos still won’t say federal law bars anti-LGBT discrimination
Education secretary insists schools must follow federal law

Education Secretary Betsy DeVos wouldn’t say charter schools are barred from anti-LGBT discrimination. (Blade photo by Michael Key)
Weeks after facing criticism for refusing to speak out in congressional testimony against anti-LGBT discrimination in charter schools, Education Secretary Betsy DeVos still won’t say federal law prohibits them from discriminating against LGBT students.
DeVos on Tuesday referred generally to rules under federal law in a testy exchange on whether she’d speak out against anti-LGBT discrimination in charter schools with Sen. Jeff Merkley (D-Ore.), who said the statute in this area is “somewhat foggy.”
Although DeVos acknowledged charter schools aren’t eligible for U.S. government money if they violate federal laws against discrimination, she dodged when asked specifically if charter schools under her plan would be able to discriminate against LGBT students.
“I said it before and I’ll say it again that schools that receive federal funds must follow federal law,” said DeVos, who’s promoting a Trump administration plan that calls for a $250 million increase in school voucher funds.
When Merkley insisted federal law is foggy and pressed DeVos again on whether anti-LGBT discrimination would be allowed under her proposal, she said, “On areas where the law is unsettled, this department is not going to be issuing decrees. That is a matter for Congress and the courts.”
Merkley interrupted to seek clarification, but DeVos would only repeat her deference to Congress and the U.S. Supreme Court when the law is unclear.
Visibly frustrated, Merkley said he interprets DeVos’ response to mean “where it’s unsettled, such discrimination will continue to be allowed under your program,” adding if that interpretation is incorrect, she should make a correction in the record.
Asked the same question as it pertains to discrimination against students on the basis of religion, DeVos’ response was no different.
“Again, for schools that receive federal funds, federal law must be followed,” DeVos said.
When Merkley demanded DeVos answer the question as it pertains to religious discrimination against students, she said, “Schools that receive federal funds will follow federal law. Period.”
The Oregon Democrat rebuked DeVos for a response he said is too vague.
“You’re refusing to answer the question,” Merkley said. “I think that’s very important for the public to know that today the secretary of education before this committee refused to affirm that she would put forward a program that bans discrimination based on LGBTQ status of students or bans discrimination based on religion.”
DeVos protested Merkley’s characterization of her words, denying her response indicated any support for allowing discrimination in charter schools.
“Sir, that’s not what I said,” DeVos said. “That’s not what I said. Discrimination in any form is wrong. I don’t support discrimination in any form.”
Merkley asked for a yes-or-no answer on whether DeVos’ program bans discrimination, the education secretary replied, “What program are you talking about?” Merkley said it was her charter and private school grant proposals, prompting DeVos to repeat her previous response.
“As I said before, and let me say it again, schools that receive federal funds need to follow federal law. Period,” DeVos said.
Interrupting DeVos, Merkley concluded, “You said the same thing 10 times without answering the question at all.”
Although she wouldn’t say federal law bars discrimination against LGBT students, DeVos’ general repudiation of discrimination in any form is different from an earlier exchange with Rep. Katherine Clark (D-Mass.). At the time, DeVos wouldn’t denounce discrimination in any capacity when asked about anti-LGBT or racial discrimination in charter schools.
Denouncing DeVos for her response was Sarah Kate Ellis, CEO of GLAAD, who said in a statement the secretary’s words were leaving LGBT students out in the cold.
“By once again turning a blind eye to LGBTQ students who experience discrimination in school, Secretary DeVos continues to prove why she was the wrong choice to lead our nation’s education system,” Ellis said. “DeVos once claimed she was an LGBTQ ally, but has now supported back to back policies that would erase LGBTQ students from classrooms. If she wants to be known as more than an anti-LGBTQ activist the time is now to reverse course.”
Federal law doesn’t explicitly ban anti-LGBT discrimination, but it does bar sex discrimination. Courts are increasingly interpreting those laws to prohibit discrimination on the basis of sexual orientation and gender identity. That’s likely what Merkley meant when he said existing federal law on the issue is “somewhat foggy.”
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin for any school accepting federal funds, and Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex for any school accepting federal funds. There is an exemption in Title IX for religious schools, but not for charter or secular private schools.
The Obama administration had issued guidance making clear Title IX precludes schools from barring transgender students from the restroom consistent with their gender identity, but DeVos along with U.S. Attorney General Jeff Sessions revoked it at the start of the Trump administration. Media reports indicated DeVos resisted that move and she later met with LGBT groups and transgender students at the Education Department.
Vanita Gupta, CEO of the Leadership Conference on Civil & Human Rights, said she’s “glad to hear” DeVos opposes discrimination, but called for action.
“Words alone are insufficient,” Gupta said. “She must use her authority as secretary to make that prohibition and those protections for students real. The department must also proactively support schools to prevent discrimination and intervene when the law is broken. This can’t just be about talk; students need and deserve action.”
Merkley is lead sponsor in the Senate of the Equality Act, comprehensive legislation that would make explicit a ban on anti-LGBT discrimination in every area of civil rights law, including education.
Congress
House blocks effort to codify transgender servicemember ban into law
Lawmakers approved two anti-trans NDAA amendments
The U.S. House of Representatives on Tuesday rejected an amendment to the National Defense Authorization Act that would have codified a ban transgender servicemembers in the military.
The bipartisan vote was 212-217.
The NDAA is for the 2027 fiscal year and sets policies for the Defense Department programs and activities and the national security programs of the Department of Energy.
U.S. Rep. Lauren Boebert (R-Colo.) proposed the amendment on July 21. It stated that all personnel are required to serve in accordance with their biological sex, citing military readiness and discipline.
Human Rights Campaign Senior Director of Government Affairs Jennifer Pike Bailey stated that she is grateful for the bipartisan vote that rejected President Donald Trump and Defense Secretary Pete Hegseth’s “dangerous and discriminatory policy that has kicked brave transgender servicemembers out of the military and weakened our national security.”
“Everyone who meets the same rigorous standards should be able to serve their country. We should honor that patriotism, particularly in this moment where we are witnessing brave servicemembers making the ultimate sacrifice for our country, instead of ending their careers and politicizing their existence. We’re grateful that a permanent extension of this ban failed, and we will keep fighting to reverse this senseless policy,” Bailey said.
Mark Takano, chair of the Congressional Equality Caucus, stated that he and his members put in countless hours of work to kill the amendment.
“When Americans know they or their families are going to be targeted by or not supported by the military, that leads them to avoid signing up to serve or staying in the service — making it harder to keep the ranks of the armed services full and our nation safe. My colleagues in the Equality Caucus and I will continue working to prevent these attacks on our servicemembers and their families from becoming law,” Takano said.
According to the Congressional Equality Caucus, two other bills could potentially be passed that would also target the transgender community, both of which were proposed by U.S. Rep. Nancy Mace (R-S.C.).
The first was a bill that would have prohibited gender-related medical care under TRICARE and to prevent TRICARE from covering certain gender-related medical procedures and treatments, which was approved in a vote of 219-208.
The second was a bill that would have prohibited male participation in female sports at DoDEA schools. DoDEA schools are Department of Defense Dependents Schools, which is a network of primary and secondary schools.
The amendment was approved in a vote of 221-203.
District of Columbia
D.C. Council approves increased funding for Mayor’s Office of LGBTQ Affairs
Increase attached to 2027 budget bill
The D.C. Council on July 14 gave final approval for the city’s fiscal year 2027 budget that includes an amendment calling for increasing the number and size of funding grants that the Mayor’s Office of LGBTQ Affairs provides for local organizations providing services for the LGBTQ community.
The amendment, called the “LGBTQ Community Grant Amendment Act of 2026,” was introduced earlier this year by D.C. Council member Zachary Parker (D-Ward 5), the Council’s only gay member.
The D.C. LGBTQ Budget Coalition called the Parker amendment “a historic measure that establishes the District’s most sustainable model for a vehicle for investing in LGBTQ communities.”
The Council approved the version of the FY 2027 budget bill with the attached Parker amendment in its first of two required votes on June 9. Shortly after voting unanimously to give final approval of an earlier version of the two-part budget measure on July 7 that includes the Parker amendment, the Council sent the bill to Mayor Muriel Bowser for her signature.
Bowser has expressed strong opposition to several provisions in the $22 billion budget measure passed by the Council that are unrelated to the Parker amendment regarding the Office of LGBTQ Affairs. The mayor has yet to say whether she will sign, veto, or choose not to sign the bill.
The latter option would allow the bill to become law if Congress does not choose to overturn it during its required 30-day legislative review period for all D.C. bills. Political observers believe the Council will vote to override a veto if Bowser chooses to veto the bill.
When contacted by the Washington Blade on July 22 to determine where the mayor stands on the budget bill, mayoral spokesperson Daniel Gleick said only, there was “no update on the budget just yet.”
Among other things, the Parker amendment calls for the Mayor’s Office of LGBTQ Affairs to issue a $980,000 grant in FY 2027 to a private, nonprofit organization in partnership with the office “for the purpose of supporting programs that promote the welfare of the lesbian, gay, bisexual, transgender, and questioning community.”
It says the organization selected would also initiate its own fundraising effort to expand the amount of funds beyond the amount the office would provide, enabling it to provide larger grants to a greater number of local LGBTQ organizations.
“The legislation arrives at a critical moment, as LGBTQ-serving organizations face unprecedented uncertainty,” the D.C. Budget Coalition said in its comment on the Parker amendment. “Growing demand for services is colliding with shrinking resources, federal attacks on LGBTQ programs, and ongoing threats to local funding streams,” the coalition’s statement says.
In what some observers have called a highly controversial action; the budget bill approved by the Council reverses and restores millions of dollars in budget cuts proposed by Bowser in the budget she submitted to the Council earlier this year.
Among other things, the Council’s budget preserves the current level of funding for housing vouchers, childcare, paid family leave, and other programs slated to be cut in the mayor’s proposed budget, according to a report by the Washington Post.
Bowser points out that the Council approved budget bill calls for using $150 million from the city’s reserve fund, which she and others have said could put the city in jeopardy in future years. The mayor has said the cuts were needed to prevent a major funding shortfall brought about by the action by Republicans in Congress to cut the city’s budget by over a billion dollars.
Rehoboth Beach
Craig Thier says experience, civility are key to Rehoboth’s future
Mayoral candidate cites finance background as key strength
(Editor’s note: This is the third installment in a three-part series profiling the candidates for mayor of Rehoboth Beach, Del.: Commissioners Suzanne Goode, Susan Stewart, and Craig Thier; a fourth candidate, William Raak, filed to join the race but has not responded to multiple Blade inquiries. Visit washingtonblade.com for previous installments.)
Rehoboth Beach City Commissioner Craig Thier says his experience in public service and finance has prepared him to lead the city as residents elect a new mayor on Aug. 8.
Thier, who has owned property in Rehoboth Beach since 2002 and has lived there full time for a little more than five years, said he first sought public office after becoming concerned about the city’s financial planning.
“A couple of years ago, when I decided to run, the city raised taxes and fees across the board unnecessarily. They had a broken budgeting process,” said Thier.
Elected as a city commissioner in August 2024, Thier draws on a background in corporate finance and consulting, He said he could improve the city’s budgeting practices.
“I felt that I could bring that experience in and help the city improve that broken budgeting process,” he said.
Thier said one of his accomplishments as commissioner has been helping transition the city from annual budgeting to long-term financial planning.
“Within the first year, I worked with the city administration to transition us from an annual budgeting process that was really broken to a multi-year planning process,” he said.
If elected mayor, Thier said his first priority would be improving relationships among members of the Board of Commissioners.
“First would be just civility. There is a lot of infighting among some of the commissioners,” said Thier.
He says that he wants to focus on “getting people to work together so that we can get back to the business of the city.”
Thier said disagreements are inevitable but believes they should be handled more respectfully.
“We have to return to civility. People need to respect each other, people need to respect the right of other individuals to express their thoughts and opinions,” he said.
“That lack of civility absolutely has impacted our ability to get the business of the city done.”
He also said meetings should remain focused on the agenda even when commissioners disagree.
“Everyone’s got to tone things down a little bit,” Thier said. “Just because we may not agree with someone’s position doesn’t mean that that position isn’t valid.”
He added that after discussions conclude, commissioners should be willing to accept the outcome.
“People need to be prepared to move on if they don’t have the support,” he said.
Thier pointed to his previous elected experience as another qualification for the mayor’s office.
“I spent 12 years on a school board, five years as president, and I’m finishing up my second year here [as commissioner]. I believe that I have far more experience than anyone else.”
“I’ve been able to accomplish things because of my experience, and I’ve been doing this a long time,” he added.
Thier also said maintaining Rehoboth Beach’s perfect score on the Human Rights Campaign’s Municipal Equality Index would remain a priority if he is elected.
“It is absolutely a priority for the city,” he said.
“I think it’s one of the great things about the city of Rehoboth Beach is the diversity that’s there, and that we’ve been a very welcoming community.”
Thier credited city staff for helping achieve the city’s perfect score and said he would continue working with LGBTQ+ organizations, including CAMP Rehoboth.
“I have relationships with these organizations. I would continue to foster these relationships,” he said. “It’s critical that we’re doing the things to maintain this perfect score.”
Thier also expressed support for the city’s partnership with Clear Space Theatre Company as it works toward constructing a permanent performing arts venue downtown.
“Clear Space has been part of the community for more than 20 years. I think they’re an important part of the community.”
He said the theater contributes to Rehoboth’s identity as a tourist destination.
“The tourists come to Rehoboth for the whole package: the beach, the boardwalk, our restaurants, our retailers, Clear Space. They’re an important part of that whole package.”
The election will take place on Aug. 8 from 10 a.m.-6 p.m. at the Rehoboth Beach Convention Center.
