Politics
House Dems: Trump’s trans military ban ‘unconstitutional on its face’
Lawmakers say policy would single out group for discrimination


Rep. Jerrold Nadler (D-N.Y.) is among House Democrats who say Trump’s transgender military ban would be unconstitutional. (Washington Blade file photo by Michael Key)
A group of 53 House Democrats is warning the Pentagon that following through with policy to implement President Trump’s transgender military ban would be “unconstitutional on its face.”
In a letter dated Aug. 4, Democrats on the House Armed Services and Judiciary Committees say prohibiting transgender people in the U.S. armed forces — “in any capacity” as Trump declared — won’t hold up under scrutiny before the courts.
“It is abundantly clear that any effort by President Trump to ban military service by transgender individuals would not only constitute poor policy, but would be unconstitutional on its face,” the letter says.
The letter was led by Rep. John Conyers, Jr. (D-Mich.), top Democrat on the House Judiciary Committee, and Rep. Adam Smith (D-Wash.), top Democrat on the House Armed Services Committee.
Among the reasons cited in the letter for why the transgender military ban would be unconstitutional is because it “categorically excludes an entire group of people from military service on the basis of a characteristic that has no relevance to their capacity to serve.”
The letter also deems the proposed policy unconstitutional because it’s derived from “a series of arbitrary and capriciously issued tweets,” appears to be “based on a raw political calculation” and was made without consultation of congressional leaders.
Further, the letter asserts concerns about the cost of transition-related care, such as hormone therapy and gender reassignment surgery, are bogus because it accounts for “less than 1/10 of 1% of the military’s annual budget.”
“We believe any serious or credible review of the law and the facts in the present case make it clear that the President’s proposed ban on transgender people serving in the armed forces will weaken, not strengthen our military, and is blatantly unconstitutional,” the letter says.
Echoing objections in a similar letter signed by 45 U.S. senators, House Democrats urge Defense Secretary James Mattis and Chair of the Joint Chiefs of Staff Gen. Joseph Dunford to resist Trump on the transgender military ban, strongly suggesting they should defy the president on the issue.
“As the respected leaders of our brave armed service members, you have no obligation to implement a hastily considered tweet designed to serve as a ‘wedge’ political issue; but rather you should honor your own independent duty to support and defend the Constitution of the United States,” the letter says.
Last week, Trump announced via Twitter the U.S. military “will not accept or allow” transgender people to serve “in any capacity,” upending a policy change in the Obama administration allowing them to come out in the armed forces without of discharge.
But at this time, the Pentagon has yet implement to reverse the change and bar transgender people from military service. It remains if to be seen if any new policy will allow transgender people who currently in the armed forces to continue their service.
Lt. Col. Paul Haverstick, a Pentagon spokesperson, said he had no updates in response to the letter from House Democrats.
“DOD is awaiting formal guidance from the White House as a follow-up to the Commander-in-Chief’s announcement on military service by transgender personnel,” Haverstick said.
Congress
Congress passes ‘Big, Beautiful Bill’ with massive cuts to health insurance coverage
Roughly 1.8 million LGBTQ Americans rely on Medicaid

The “Big, Beautiful Bill” heads to President Donald Trump’s desk following the vote by the Republican majority in the U.S. House of Representatives Thursday, which saw two nays from GOP members and unified opposition from the entire Democratic caucus.
To partially offset the cost of tax breaks that disproportionately favor the wealthy, the bill contains massive cuts to Medicaid and social safety net programs like food assistance for the poor while adding a projected $3.3 billion to the deficit.
Policy wise, the signature legislation of Trump’s second term rolls back clean energy tax credits passed under the Biden-Harris administration while beefing up funding for defense and border security.
Roughly 13 percent of LGBTQ adults in the U.S., about 1.8 million people, rely on Medicaid as their primary health insurer, compared to seven percent of non-LGBTQ adults, according to the UCLA School of Law’s Williams Institute think tank on sexual orientation and gender identities.
In total, the Congressional Budget Office estimates the cuts will cause more than 10 million Americans to lose their coverage under Medicaid and anywhere from three to five million to lose their care under Affordable Care Act marketplace plans.
A number of Republicans in the House and Senate opposed the bill reasoning that they might face political consequences for taking away access to healthcare for, particularly, low-income Americans who rely on Medicaid. Poorer voters flocked to Trump in last year’s presidential election, exit polls show.
A provision that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation — reportedly after the first trans member of Congress, U.S. Rep. Sarah McBride (D-Del.) and the first lesbian U.S. senator, Tammy Baldwin (D-Wis.), shored up unified opposition to the proposal among Congressional Democrats.
Congress
Ritchie Torres says he is unlikely to run for NY governor
One poll showed gay Democratic congressman nearly tied with Kathy Hochul

Gay Democratic Congressman Ritchie Torres of New York is unlikely to challenge New York Gov. Kathy Hochul (D) in the state’s next gubernatorial race, he said during an appearance Wednesday on MSNBC’s “Morning Joe.”
“I’m unlikely to run for governor,” he said. ““I feel like the assault that we’ve seen on the social safety net in the Bronx is so unprecedented. It’s so overwhelming that I’m going to keep my focus on Washington, D.C.”
Torres and Hochul were nearly tied in a poll this spring of likely Democratic voters in New York City, fueling speculation that the congressman might run. A Siena College poll, however, found Hochul leading with a wider margin.
Back in D.C., the congressman and his colleagues are unified in their opposition to President Donald Trump’s signature legislation, the “Big Beautiful Bill,” which heads back to the House after passing the Senate by one vote this week.
To pay for tax cuts that disproportionately advantage the ultra-wealthy and large corporations, the president and Congressional Republicans have proposed massive cuts to Medicaid and other social programs.
A provision in the Senate version of the bill that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation, reportedly after pressure from transgender U.S. Rep. Sarah McBride (D-Del.) and lesbian U.S. Sen. Tammy Baldwin (D-Wis.).
Torres on “Morning Joe” said, “The so-called Big Beautiful Bill represents a betrayal of the working people of America and nowhere more so than in the Bronx,” adding, “It’s going to destabilize every health care provider, every hospital.”
Congress
House Democrats oppose Bessent’s removal of SOGI from discrimination complaint forms
Congressional Equality Caucus sharply criticized move

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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