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Biden renews call to pass LGBTQ Equality Act in State of the Union speech

Pledge to have the backs of trans kids echoed in speech

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President Biden renewed his call to pass the Equality Act in his State of the Union speech. (Screen capture via YouTube)

In a State of the Union address front-loaded with calls to challenge Vladimir Putin’s invasion of Ukraine, President Biden on Tuesday called for assistance from Congress in enacting his domestic agenda — and renewed his call for passage of the Equality Act to advance LGBTQ rights.

“And for our LGBTQ+ Americans, let’s finally get the bipartisan Equality Act to my desk,” Biden said, making his strongest push yet for legislation that has been pending in the U.S. Senate for nearly a year despite Biden’s campaign promise to sign it into law within his first 100 days in office.

Echoing remarks he made in his speech to Congress last year in support of transgender youth, Biden also denounced anti-transgender bills in state legislatures, many of which seek to restrict access to transition-related care for youth and to keep transgender kids out of school sports.

“The onslaught of state laws targeting transgender Americans and their families is wrong,” Biden said. “As I said last year, especially to our younger transgender Americans, I will always have your back as your president, so you can be yourself and reach your God-given potential.”

Despite Biden’s renewed call to pass the Equality Act, the legislation is all but dead after the U.S. House passed it in March of last year as opponents have twisted the measure as a threat to sex-segregated spaces for women and the biological definition of gender. Biden’s words, however, coincide with a recently launched campaign from the Human Rights Campaign highlighting the patchwork of legal protections for LGBTQ people in different states.

Biden incorporated the Equality Act in a speech where he included numerous items from his domestic agenda, such as elements of his Build Back Better plan. Among the items Biden ticked off were the ability of Medicare to negotiate prescription drug prices and expansion of the child care tax credit. The Build Back Better legislation is also dead in Congress, but supporters have held out hope that some components of the package still have a shot.

Also highlighted in Biden’s speech were measures already signed into law, including the bipartisan infrastructure package, which Biden cited as evidence of working across the aisle, and the American Rescue Plan, which Biden credited with boosting the economic recovery amid the coronavirus pandemic. Not everyone in Biden’s audience in the joint session of Congress agreed with him on the latter bill, however, as evidenced by Republicans booing the measure.

Critics have said Biden’s moves have worsened the economy and instigated the continued rise in inflation that has increased the cost of goods from gasoline to groceries. Biden, however, made a point to include inflation in his speech, saying enacting his domestic agenda could alleviate rising prices.

“But with all the bright spots in our economy, record job growth and higher wages, too many families are struggling to keep up with the bills,” Biden said. “Inflation is robbing them of the gains they might otherwise feel. I get it. That’s why my top priority is getting prices under control.”

The most prominent component of Biden’s speech, as Russia continues to assault Ukraine, was efforts to contain Russia through economic sanctions, including an announcement the United States would join other countries in refusing to let Russian aircraft enter the United States. Biden also made clear the United States would stick to its obligation to defend allied nations in NATO, pledging to “defend every inch of territory of NATO countries with the full force of our collective power.”

“In the battle between democracy and autocracy, democracies are rising to the moment, and the world is clearly choosing the side of peace and security,” Biden said. “This is a real test. It’s going to take time. So let us continue to draw inspiration from the iron will of the Ukrainian people.”

Seated with Jill Biden in the first lady’s box above the floor of the House was Oksana Markarova, Ukraine’s ambassador to the United States, who waved a small blue-and-yellow striped flag of her country when President Biden mentioned her in his address. Many others present in the House chamber brought Ukrainian flags to wave and had pins of Ukraine’s colors on their lapels to show American solidarity with the country under onslaught by Putin.

Sarah Kate Ellis, CEO of the LGBTQ group GLAAD, said in a statement after Biden’s speech his words in support of LGBTQ people come at critical time as Texas Gov. Greg Abbott declared in a recent memo parents who provide transition-related care for their kids would be prosecuted for child abuse.

“President Biden has delivered on commitments to include LGBTQ citizens in the promise of America,” Ellis said. “Every lawmaker at every level of government must commit to do the same, especially for LGBTQ families and children under attack. The state of our union is only as strong as our action and commitment to ensure no marginalized person is left behind. LGBTQ voters are more motivated than ever to hold elected officials accountable in the midterms.”

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Congress

Congress passes ‘Big, Beautiful Bill’ with massive cuts to health insurance coverage

Roughly 1.8 million LGBTQ Americans rely on Medicaid

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U.S. House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

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.

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Congress

Ritchie Torres says he is unlikely to run for NY governor

One poll showed gay Democratic congressman nearly tied with Kathy Hochul

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U.S. Rep. Ritchie Torres (D-N.Y.) (Washington Blade photo by Michael Key)

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.”

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Congress

House Democrats oppose Bessent’s removal of SOGI from discrimination complaint forms

Congressional Equality Caucus sharply criticized move

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Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

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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