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Rep. Wexton leads congressional effort against HUD’s anti-trans rule

HUD says shelter can spot transgender woman by Adam’s apple

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Rep. Jennifer Wexton (D-Va.) is leading a congressional effort against HUD’s anti-trans rule. (Washington Blade file photo by Michael Key)

Rep. Jennifer Wexton (D-Va.) is leading a group of congressional lawmakers in formal comments against a proposed Trump administration rule allowing homeless shelters to refuse to accept transgender people consistent with their gender identity.

The bicameral congressional letter in opposition to the anti-trans rule change proposed by the Department of Housing & Urban Development under Secretary Ben Carson has been signed by 122 House members and 23 senators.

“It is absolutely shameful that in the midst of a pandemic and with a record number of Americans unemployed, when access to safe housing is more important than ever, the administration is focused on attacking the basic rights of transgender Americans,” Wexton said Thursday in a Zoom call with reporters.

Formally made public July 24 in the Federal Register, the proposed rule allows homeless shelters with single-sex facilities to place transgender people consistent with sex assigned at birth, rather than gender identity.

The proposal downplays the idea such actions would be discriminatory by setting up a referral system: Single-sex homeless shelters can send transgender people to other shelters, for these single-sex shelters to house transgender people according to sex assigned at birth.

As pointed out by Katelyn Burns at Vox, the proposed rule has detailed language to aid homeless shelters in determining whether an individual is transgender, such as making assumptions based on ‘height’, ‘facial hair’ and whether or not they have ‘an Adam’s apple.’

Rep. Mike Quigley (D-Ill.) said on the conference call Carson years ago promised only delays in implementing an Obama-era rule against anti-transgender discrimination in homeless shelters, but then reversed himself by saying changes are coming, just being withheld, because members of Congress won’t like them.

“Secretary Carson’s words proved prophetic as under his and President Trump’s leadership, the administration moved to completely gut core housing discrimination protections, such as HUD’s disparate impacts and affirmative fair housing rules,” Quigley said. “That wasn’t enough. HUD has announced a new proposed rule that would enable shelters to discriminate against trans individuals based on shelter staff suspect an individual’s biological sex may be different from the way they self-identify.”

The proposed rule also disregards the U.S. Supreme Court’s recent decision in Bostock v. Clayton County, which determined anti-transgender discrimination is a form of sex discrimination, thus illegal in the workplace under Title VII of the Civil Rights Act of 1964. The rule has applications to all federal laws against sex discrimination, including the Fair Housing Act.

HUD justifies the legality of the proposed rule by asserting homeless shelters aren’t under the purview of the Fair Housing Act, although one legal expert said on the conference call that analysis is incorrect.

Sasha Buchert, senior attorney with Lambda Legal, said the proposed rule is “on very shaky legal ground” not just because of the Supreme Court decision, but also rulings from appellate courts, state and local measures against anti-trans discrimination and questions under the U.S. Constitution.

“If you spend five minutes going through the case law, courts apply a case-by-case analysis when deciding whether or not the Fair Housing Act applies to shelters,” Buchert said. “It’s a legal question as to whether they’re considered dwellings, and there are at least two circuit courts that have held that shelters are considered dwellings under the Fair Housing Act, and therefore subject to that, so their analysis is just wrong.”

The Trump administration has previously disregarded public comments against anti-transgender policy. HHS made final a rule under Section 1557 of the Affordable Care Act enabling health care providers and insurance companies to refuse service to transgender people despite more than 120,000 comments in opposition to the proposal.

Wexton, nonetheless, said public comments against HUD’s anti-trans rule are still important for other reasons.

“Public comment is always important because even if it’s ignored by the administration, it is something that can be pointed to in the lawsuit that will inevitably arise out of this rulemaking to not be allowed to go forward,” Wexton said. “It is important that the public be heard and make sure that people make their voices known that they object to this discriminatory rule.”

In terms of legislative actions against the proposed rule, Wexton cited legislation she sponsors called the Ensuring Equal Access to Shelter Act, which she said has passed the House Financial Services Committee, but has yet to come up for a floor vote.

Quigley said legislation that would defund the rule is also part of pending T-HUD appropriations legislation, but that hasn’t obtained a vote in the Senate, nor is it clear whether President Trump would sign it into law.

Rep. Mary Gay Scanlon (D-Pa.) said on the conference call the Equality Act — which has passed the House, but has been bottled up in the Senate — would also reaffirm discriminatory measures against transgender people in housing are illegal.

“Here we are, 430 days since the House passed the Equality Act, and this rule is just one more demonstration of why we need [Senate Majority Leader] Mitch McConnell to take it up and we need to push it through the Senate,” Scanlon said.

Publication of the proposed rule in the Federal Register officially started the clock for a 60-day comment period. Assuming the Trump administration sticks with the measure as proposed, it’s expected to be made final in the fall.

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Florida

Fla. Senate passes ‘Anti-Diversity’ bill that could repeal local LGBTQ protections

Bipartisan coalition urges Florida House to reject ‘extremism’ measure

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The Florida Capitol (Washington Blade photo by Yariel Valdés González)

The Florida Senate on March 4 voted 25-11 to approve an “Anti-Diversity in Local Government” bill that critics have called a sweeping and extreme measure that, among other things, could repeal local LGBTQ rights protections.

According to Equality Florida, a statewide LGBTQ advocacy organization, if approved by the Florida House of Representatives and signed by Republican Gov. Ron DeSantis, the bill “would ban, repeal, and defund any local government programming, policy, or activity that provides ‘preferential treatment or special benefits’ or is designed or implemented’ with respect to race, color, sex, ethnicity, sexual orientation, or gender identity.”

In a March 4 statement, Equality Florda added that the bill would also threaten city and county officials with removal from office “for activities vaguely labeled as DEI,” with only limited exceptions.

The Florida House was scheduled to vote on the bill on Monday, March 9, with opponents hopeful that a broad coalition of both Democratic and Republican lawmakers would secure enough votes to defeat the bill.

“Once again, Gov. DeSantis and Florida lawmakers are advancing one of the most sweeping and extreme bills in the country — this time threatening decades of local progress supporting diverse communities, including the LGBTQ community,” said Equality Florida Senior Political Director Joe Saunders. “This legislation is a sledgehammer aimed at cities and counties that recognize and address the diversity of the people they serve,” he said.

Among the LGBTQ organizations that could be adversely impacted by the bill is the highly acclaimed Stonewall National Museum, Archives and Library located in Fort Lauderdale.

Robert Kesten, the Stonewall organization’s president and CEO, told the Washington Blade the organization receives some funding from Broward County, in which Fort Lauderdale is located, and the city of Fort Lauderdale has provided support by purchasing tables at some of the museum’s fundraising events.

“Based on this legislation, hose things would be gone,” he said. “We also are based in a government building. So, we don’t know what potential side effects that could have.” He noted that the building in question is owned by Broward County and leased by Fort Lauderdale, with the bill’s vaguely worded provision making it unclear whether Stonewall would be forced to leave its building.

“It’s unknown, and we’re really in unchartered waters,” he said.

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Uganda

Ugandan activist named Charles F. Kettering Foundation fellow

Clare Byarugaba founded PFLAG-Uganda

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Clare Byarugaba (Photo via X)

The Charles F. Kettering Foundation has named a prominent Ugandan LGBTQ activist as one of its 2026 fellows.

Clare Byarugaba, founder of PFLAG-Uganda, is one of the foundation’s five 2026 Global Fellows.

Byarugaba, among other things, has been a vocal critic of Uganda’s Anti-Homosexuality Act. Byarugaba in 2024 met with Pope Francis — who criticized criminalization laws during his papacy — at the Vatican.

The foundation on its website says it “is dedicated to bringing research and people together to make the promise of democracy real for everyone, everywhere.”

“Clare is the kind of hero who rushes toward the emergency to help,” said PFLAG CEO Brian K. Bond in a Feb. 27 statement to the Washington Blade. “She founded PFLAG-Uganda as the country pushed to criminalize homosexuality and those who support LGBTQ+ people. Yet, she never hesitated in her courage, telling us that families wanted to organize to keep their LGBTQ+ loved ones safe, and PFLAG was the way to do it. Clare Byarugaba not only deserves this honor, but she will use her compassion and experience to teach the world about LGBTQ+ advocacy as a Kettering Global Fellow.”

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National

13 HIV/AIDS activists arrested on Capitol Hill

Protesters demanded full PEPFAR funding

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(Washington Blade photo by Michael Key)

U.S. Capitol Police on Thursday arrested 13 HIV/AIDS activists in the Cannon House Office Building Rotunda.

The activists — members of Housing Works, Health GAP, and the Treatment Action Group — joined former PEPFAR staffers in demanding full funding of the program that President George W. Bush created in 2003. They chanted “AIDS cuts kill, PEPFAR now!” and unfurled banners from the Rotunda’s second floor that read “Trump and (Office of Management and Budget Director Russell) Vought kill people with AIDS worldwide,” “Over 200,000 deaths since January 2025,” and “Hands off PEPFAR” before their arrest.

(Washington Blade video by Michael K. Lavers)

This protest is the latest against the Trump-Vance administration’s HIV/AIDS policies since it took office.

Secretary of State Marco Rubio on Jan. 28, 2025, issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during a freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Washington Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, 2025, has severely impacted their work.

The State Department last September announced PEPFAR will distribute lenacapavir in countries with high prevalence rates. Zambia is among the nations in which the breakthrough HIV prevention drug has arrived.

The New York Times last summer reported Vought “apportioned” only $2.9 billion of $6 billion that Congress set aside for PEPFAR for fiscal year 2025. (PEPFAR in the coming fiscal year will use funds allocated in fiscal year 2024.)

Bipartisan opposition in the U.S. Senate prompted the Trump-Vance administration last July withdraw a proposal to cut $400 million from PEPFAR’s budget. Vought on Aug. 29, 2025, said he would use a “pocket rescission” to cancel $4.9 billion for HIV/AIDS prevention and global health programs and other foreign aid assistance initiatives that Congress had already approved.

The White House in January announced an expansion of the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.” President Ronald Reagan in 1985 implemented the original regulation, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services. The Council for Global Equality and other groups say the expanded rule will adversely impact HIV prevention efforts around the world.

A press release that Housing Works and Health GAP issued on Thursday notes more than $977 million “in appropriated PEPFAR funding for HIV prevention and treatment was unspent by the end of fiscal year (FY) 2025 — triple amount unspent at the end of FY 2024.”

“Activists predict this backlog will worsen rapidly in FY 2026 unless Congress immediately reasserts its Constitutionally-mandated oversight authority,” notes the press release.

The press release also indicates funding for the Centers for Disease Control and Prevention’s PEPFAR programs “will run out” by April 1 because “only 45 percent of their FY26 funding has been transferred from the State Department.

“Unless funding is transferred immediately, CDC’s global HIV programs across sub-Saharan Africa, Asia and the Caribbean will grind to a halt,” notes the press release.

The activists demanded Trump, Vought, Rubio, and Congress do the following:

  • Activists are calling for full obligation of appropriated PEPFAR funds and rejection of growing political interference in global and domestic HIV programs 
  • Immediately release already-appropriated, unobligated PEPFAR funds 
  • Break the blackout on PEPFAR data, so Congress and people with HIV know how funding is being spent and can program based on data  
  • Activists are calling for full obligation of appropriated PEPFAR funds and rejection of growing political interference in global and domestic HIV programs.

“PEPFAR has saved more than 26 million lives and changed the trajectory of an epidemic,” said Housing Works CEO Charles King. “However, the Trump administration’s decision, over the objection of Republicans in Congress, to freeze PEPFAR funding has caused decades of progress to come undone and has been a death sentence for people with HIV relying on life-saving treatment. The U.S. must immediately restore PEPFAR funding and regain our standing in the global fight against HIV.”

King is among the activists who were arrested.

(Washington Blade video by Michael K. Lavers)

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