News
New HHS reg seeks non-discrimination in health care as monkeypox spreads
Proposed rule bars strengthens protections for LGBTQ patients
A new regulation proposed by the Biden administration seeks to ensure non-discrimination in health care settings for women who have had abortions and LGBTQ people at a time when monkeypox cases continue to increase and fears persist after the U.S. Supreme Court overturned Roe v. Wade.
The new regulation, announced Monday by the Department of Health & Human Services, would interpret Section 1557 of the Affordable Care Act to apply more broadly to the definition of sex after the court’s earlier 2016 decision in Bostock v. Clayton County, which determined anti-LGBTQ discrimination was an illegal form of sex discrimination. The rule would enhance the prohibition discrimination on the basis of sex in health care settings and federally funded health care programs consistent with the law.
The regulation also institutes non-discrimination protections for intersex traits; and pregnancy or related conditions, including pregnancy termination; and people with limited English proficiency.
Xavier Becerra, secretary of health and human services, announced the proposed rule on Monday during a conference call with reporters and said it would ensure communities that have had barriers to accessing health care would be able to obtain it.
“Everyone in America should be able to get the care that they need from any health provider in the country, especially if they’re that provider is receiving funding from HHS,” Becerra said. “We want to make sure that Americans are free from discrimination when they try to access the care that they need. Pretty simple proposition.”
Becerra, asked by the Washington Blade how he sees the proposed rule playing out as part of the Biden administration’s approach to the monkeypox outbreak among gay and bisexual men, said the rule makes clear discrimination in health care is unacceptable and enables LGBTQ people to file a complaint with the Office of Civil Rights at the Department of Health & Human Services.
“The reality is that today, the issue of monkeypox, you should not face any discrimination when it comes to the issue of accessing the health care services you might need to address monkeypox,” Becerra said.
The new regulation doesn’t appear to be timed as a means to address monkeypox, but a follow-up to an earlier commitment from the Biden administration to make the change.
The proposed rule is similar to a regulation in the final years of the Obama administration, which interpreted the language of Section 1557 to bar discrimination based on sex stereotypes and gender identity. The rule, however, was rescinded during the Trump administration under HHS Director of the Office of Civil Rights Roger Severino, who bucked the decision in Bostock and reversed the rule pursuant to an earlier lower federal court ruling in Texas.
Melanie Fontes Rainer, now the director of the Office of Civil Rights under the Biden administration, said on the call that restoring non-discrimination protections after they were rescinded makes health care more accessible for everyone.
“The 2020 version of this rule narrowed its scope to cover fewer health programs and activities, limiting vital non-discrimination protections for so many across the country,” Rainer said. “The proposed rule proposes revisions to Section 1557 implementing regulation by restoring and strengthening provisions that protect individuals from discrimination and health programs and activities”
The Biden administration rule, however, is different from the Obama-era rule in key aspects. For starters, the Biden-era rule explicitly prohibits discrimination on the basis of sexual orientation in addition to other sex-based categories that were articulated before, using the Supreme Court’s decision in Bostock as justification.
The newer regulation also contains language that interprets Medicare Part B as federally funded assistance and includes an explicit exemption for health care providers who have objections to certain procedures, such as abortion and gender reassignment surgery. The exact breadth of the religious exemption wasn’t immediately clear.
Becerra said during the call the religious conscience provision was included as a result of stakeholder feedback and is consistent with the Biden administration’s goal to protect the rights of people in health care settings.
“That is also part of the work that we do, and we don’t believe that there’s any inconsistency in making sure that people are accessing care without discrimination,” Becerra said.
Becerra, asked during the call about the timeline for the rule, said he expects it will be made final before the end of this year and after the formal 90-day comment period.
District of Columbia
D.C. Council approves expanded grant funding for Mayor’s Office of LGBTQ Affairs
Measure introduced by Zachary Parker faces second vote
The D.C. Council on June 9 gave its first round of approval to an amendment to the city’s fiscal year 2027 budget that calls 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, titled the “LGBTQ Community Grant Amendment Act of 2026,” was introduced by D.C. Council member Zachary Parker (D-Ward 5), the Council’s only gay member.
The amendment calls for the LGBTQ Affairs office to issue a $980,000 grant in fiscal year 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.”
The organization 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.
Among other things, the amendment says the organization chosen for this new role should have a “proven track record of success in grant making and fundraising” and agree to undergo an annual audit and submit quarterly reports to the office on its use of the funds it receives.
Under its rules for approving legislation, the Council must hold the second vote on the budget bill with the Parker amendment before it is sent to Mayor Muriel Bowser for her signature. It must then go to Congress for a congressional review that does not require approval, but could result in a vote to disapprove the measure, an action Congress usually does not take.
In a June 12 statement, the D.C. LGBTQ Budget Coalition called the D.C. Council’s initial approval of the Parker amendment, “a historic measure that establishes the District’s most sustainable model for a vehicle for investing in LGBTQ communities.”
The statement adds, “The legislation arrives at a critical moment, as LGBTQ-serving organizations face unprecedented uncertainty. Growing demand for services is colliding with shrinking resources, federal attacks on LGBTQ programs, and ongoing threats to local funding streams.”
It says the new program that the Parker amendment would create, if it reaches final approval, “creates a durable mechanism to protect and expand investments in the organizations that thousands of District residents rely upon every day.”
A spokesperson for the mayor’s office said he was looking into the mayor’s position on the Parker amendment but didn’t immediately get back with a response.
Germany
German group slams White House’s LGBTQ rights record ahead of World Cup
LSVD says trans, nonbinary soccer fans safety ‘not guaranteed’ in US
A German advocacy group on the eve of the 2026 World Cup sharply criticized the Trump-Vance administration over its anti-LGBTQ policies.
The World Cup will take place in the U.S., Canada, and Mexico through July 19. The tournament began on Thursday in Mexico City with Mexico beating South Africa 2-0.
“In the USA, democracy is being gradually dismantled,” said Julia Monro of Federation Queer Diversity, a German LGBTQ and intersex rights group known by the acronym LSVD, in a statement released on Wednesday. “In particular, the human rights of trans, intersex, and nonbinary individuals, as well as other queer people, are facing massive attacks and political instrumentalization by the Trump administration.”
The LSVD statement notes sports “has a special responsibility in this situation because it conveys values worldwide that extend beyond the playing field: fairness, respect, and inclusion.”
“This must apply to everyone, including trans* and nonbinary people,” says LSVD. “Those who love sport must also protect those who can only experience it under difficult circumstances.”
“The public visibility of queer people is being pushed back, companies and organizations with diversity strategies are being pressured, and laws for trans*, intersex, and nonbinary people are being tightened,” added the group. “This is not a fringe issue, but directly affects everyday life, mobility, and safety. The way minority rights are treated is a measure of the state of a democratic society. Inhumane measures must not be normalized. The international community must not remain silent as attention on the host country, the USA, increases. The Trump administration could exploit this media platform for further inhumane purposes, in order to transfer its homophobic agenda to other countries.”
LSVD also stressed the “safety of trans* and nonbinary soccer fans is currently not guaranteed in the USA.”
“We advise all queer fans to inform themselves carefully beforehand and to take precautions for their safety,” it said.
The Council for Global Equality is one of the more than 100 organizations that issued a travel advisory for the U.S. ahead of the World Cup.
LSVD in its statement pointed out the German government in 2025 issued a travel advisory for trans and nonbinary people who are planning to visit the U.S. The warning specifically noted President Donald Trump’s executive order that banned the State Department from issuing passports with “X” gender markers.
InterPride, the organization that coordinates WorldPride events, issued a travel advisory for trans and nonbinary people who planned to travel to the U.S. for WorldPride that took place last summer in D.C.
“Due to an executive order issued by the U.S. president on Jan. 20, all travelers must select either ‘male’ or ‘female’ when applying for entry or visas. The gender listed at birth will be considered valid,” read the InterPride advisory. “If your passport has ‘X’ as a gender marker or differs from your birth-assigned gender, we strongly recommend contacting the U.S. diplomatic mission before traveling to confirm entry requirements.”
LSVD notes the German government reiterated its 2025 travel advisory ahead of the World Cup.
“Anyone traveling with a different gender entry, with an ‘X’ marker in their passport, or who does not conform to the state’s expectations during checks, must expect problems in the USA,” said LSVD.
Virginia
Gay 1920s-era Hollywood star to be honored in Staunton, Va.
Billy Haines became acclaimed designer after anti-gay policies ended his acting career
A project is underway in Staunton, Va., to honor William ‘Billy’ Haines, who was born and raised in Staunton before becoming an out gay 1920s and early 1930s-era Hollywood movie star whose acting career ended around 1934 when he refused demands that he conceal his sexual orientation and end his relationship with his male partner.
Haines left the movie business around that time to start what became a highly successful interior design and furniture business in Los Angeles that he led until his death in 1972 at age 72, and which remains in business today, according to the Arcadia Project, a Staunton-based nonprofit initiative.
In a statement released last month, Arcadia Project announced it is working to revitalize a long-vacant movie theater in downtown Staunton that it plans to rename after Haines. It says a fundraising campaign is under way to support efforts to reopen the theater and the larger building in which it is housed as a “dynamic mixed-use cultural center.”
The statement notes that Haines left Staunton at age 14 and resided in Hopewell, Va., and Greenwich Village in New York City until 1922, when he was “discovered” by a talent scout and sent to Hollywood.
“Between 1922 and 1934, Haines appeared in 54 movies during his meteoric and highly successful career,” the Arcadia Project statement continues, noting he transitioned from silent movies to talkies and was fully open about being gay. “But when Hollywood’s moral crackdown of the 1930s demanded that he end his relationship with his longtime partner Jimmie Shields, Haines refused,” it says.
“For LGBTQ people – then and now – Haines’s choice resonates deeply. Rather than deny who he was, he reinvented himself as an interior designer to the stars,” according to the statement.
It says he helped invent the so-called Hollywood Regency style home and designed homes for Hollywood legends such as Joan Crawford, Gloria Swanson, Carole Lombard, George Cukor, and Jack Warner as well as for political figures like Ronald Reagan when he was governor of California.
“As there is no monument, marker or public recognition for Haines in his hometown of Staunton, Va., Arcadia Project, in collaboration with the LGBTQ+ community in Staunton seeks to commemorate him inside a new cultural center,” the statement says.
It quotes Arcadia Project Executive Director Pamela Mason Wagner as saying, “Naming the movie theater in Haines’ honor is more than an act of historical recognition – it is a powerful statement about visibility, belonging, and whose stories are valued in our community.”
The statement says project leaders hope to open the cultural center in early 2027, with a fundraising campaign seeking to raise $250,000 to renovate the theater.
“If the full goal is not reached, a smaller space within the building will be named for Haines, scaled to the amount of funds raised,” it says. “We truly hope friends and admirers of Billy Haines everywhere will want to participate.”
Donations for the project can be made through this site: www.thearcadiaproject.org
-
Congress4 days agoEXCLUSIVE: Pelosi reflects on four decades of LGBTQ advocacy
-
District of Columbia4 days agoDavid Archuleta, Monroe Alise named D.C. Pride parade marshals
-
a&e features4 days agoD.C. prepares to party as Pride celebrations kick off Saturday
-
Photos4 days agoPHOTOS: Fairfax City Pride
