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HHS nixes plan to eliminate LGBT questions from elder survey

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LGBT seniors, gay news, Washington Blade
LGBT seniors, gay news, Washington Blade

HHS has nixed plans to eliminate LGBT questions in a federal survey.

The Department of Health & Human Services has reversed itself on a plan to eliminate questions allowing LGBT elders to identify their sexual orientation from a federal health survey amid pressure from LGBT advocates and members of Congress.

In a Federal Register notice set for publication on Thursday, HHS declared it made minor adjustments to plans to change the National Survey of Older Americans Act Participants, such as “retaining the primary question regarding sexual orientation.”

According to the notice, the Administration for Community Living changed its mind on eliminating the question after receiving comments in response to the proposal from 89 organizations and more than 13,900 individuals.

“The majority of the comments that ACL received expressed the need to retain demographic questions on sexual orientation/gender identity,” the notice says.

By saying HHS has decided to retain “the primary question regarding sexual orientation,” the notice suggests HHS will keep a question allowing respondents to identify their sexual orientation, but still eliminate a question allowing them to identify as transgender.

UPDATE: An ACL spokesperson affirmed to the Washington Blade the National Survey of Older Americans Act Participants would retain the sexual orientation question, but exclude the gender identity question, as a result of comments received.

“Based on this input, ACL has retained the primary question regarding sexual orientation,” the spokesperson said. “The follow-up questions on gender identity, which were asked only if a respondent answered ‘don’t know’ or ‘something else’ to the question about sexual orientation, have been eliminated.”

Rep. Ted Deutch (D-Fla.), vice chair of the LGBT Equality Caucus and Chair of the LGBT Aging Issues Task Force, claimed a partial victory in a statement after the HHS reversal.

“This was a victory, albeit incomplete, for the LGBT community,” Deutch said. “The Trump Administration heard us loud and clear, and reversed course to reinstate sexual orientation questions in the survey. By working together to defend LGBT seniors, we helped ensure that our government will track and address the unique barriers of LGB seniors in accessing federal aging programs.”

But Deutch added the reversal leaves much to be desired if the sexual orientation questions, but not the gender identity questions, are retained.

“I am dismayed that the ASL failed to include gender identity questions in the survey, which will leave out crucial data on transgender seniors and their unique struggles,” Deutch said. “As an advocate for the broad LGBT community, I will continue to fight to reinstate these questions.”

The department reverses itself on plans to eliminate the questions after publishing in March a plan to eliminate them in the Federal Register, the daily journal of the U.S. government that includes rule changes.

The notice provided a link to descriptions of previous surveys and a link to a proposed draft of the 2017 survey, incorrectly saying there will “no change” to the new survey. But a look at the survey reveals a change: The elimination of a question on whether respondents identify as lesbian, gay or bisexual, which had been included in each annual survey since 2014.

At the time, HHS said the LGBT questions were part of a pilot test and removed because the sample response “has not been sufficient enough to date to allow for reliability and reporting.”

The planned elimination of the questions prompted outrage from LGBT advocates, who said the removal of questions effectively erases LGBT elders from federal health programming, as well as letters objecting to the change from 49 U.S. House members led by Deutch and 19 U.S. senators led by Sens. Susan Collins (R-Maine) and Bob Casey (D-Pa.).

Michael Adams, CEO of Services & Advocacy for GLBT Elders, or SAGE, was among those that protested the removal of the questions and said more work is needed for full LGBT inclusion in the survey.

“Thousands of LGBT elders and their allies forced the Trump administration to reverse course on their discriminatory plans,” Adams said. “But if the administration thinks that with this partial victory SAGE will now abandon trans elders, it’s in for a big surprise.”

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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