Congress
Congressional Republicans introduce ban on military service by trans Americans
White House condemned effort in exclusive statement to the Blade
U.S. Sen. Marco Rubio (R-Fla.) and U.S. Rep. Jim Banks (R-Ind.) introduced a proposal on Thursday to ban Americans who have a history or diagnosis of gender dysphoria from serving in the U.S. Armed Forces.
The lawmakers’ “Ensuring Military Readiness Act” would go further than the transgender military ban enacted in 2017 under former President Donald Trump that was revoked by President Joe Biden just five days after his inauguration in January 2021.
For example, according to a press release from Rubio’s office announcing the legislation, the measure “adds more stringent requirements and revamps the Defense Enrollment Eligibility Reporting System (DEERS) to ensure all service members’ gender markers match their biological sex.”
Rubio and Banks characterized the Biden administration’s revocation of the Trump era ban as, respectively, a move that “turned our military into a woke social experiment” and a “purely political” decision grounded in “far left ideology.”
Republican U.S. Sens. Marsha Blackburn (Tenn.), Ted Budd (N.C.), Tommy Tuberville (Ala.) and Mike Braun (Ind.) are the original cosponsors for the bill, which has been endorsed by a coalition of right-wing organizations including the Family Research Council, which the Southern Poverty Law Center has designated a hate group.
Spokespeople for Rubio and Banks did not immediately respond to questions about whether efforts would be better spent helping service members and their families with real challenges like housing affordability and food insecurity, or whether they could provide evidence that Biden’s reversal of the Trump-era ban negatively impacted the readiness or performance of the U.S. Armed Services.
The White House shared an exclusive statement to the Washington Blade on Friday afternoon:
“There are a lot of things Marco Rubio could be working on for the American people, including:
- Keeping Americans safe from gun violence with common sense gun legislation
- Lowering prescription drug prices for America’s seniors, including a universal insulin cap
- Protecting and strengthening Medicare and Social Security for America’s seniors.
But at a time when recruiting is a critical priority for our military, Sen. Rubio is instead focusing on blocking patriotic transgender Americans who would die for the United States of America from serving our country. That says a lot more about his priorities than it does about the brave transgender Americans willing to fight and die for our country.”
As Rubio and Banks announced their proposed ban on Thursday, a bipartisan group lawmakers on the Senate Armed Services Committee led by U.S. Sens. Tammy Duckworth (D-Ill.) and Lisa Murkowski (R-Alaska) reintroduced a bill that would aid service members and their families who are experiencing hunger and food insecurity.
Duckworth, a decorated combat veteran, responded to her Republican colleagues’ bill in a statement shared with The Blade on Tuesday: “This proposed ban – like Donald Trump’s transgender military ban before it – is as heartless as it is damaging to our military readiness,” she said.
“If you are willing to sacrifice for our country in uniform and you can do the job, you should have that opportunity—no matter your gender identity or sexual orientation,” Duckworth said. “Our military is the strongest in the world not in spite of its diversity, but because of it.”
She added, “I’m focused on doing more to ensure our nation is developing the talented, healthy recruits we need to meet our goals, not prevent Americans who are willing and able to serve their country in uniform.”
Other members of Congress and LGBTQ groups have come out against the Republicans’ new proposed trans military ban.
“I oppose this bill,” Democratic U.S. Sen. Tim Kaine (Va.) told the Blade in an emailed statement on Friday. “I serve on the Senate Armed Services Committee and see no reason for the military to discriminate against transgender Americans,” the senator wrote.
In 2017, Kaine urged then-Defense Secretary Jim Mattis to halt the implementation of Trump’s transgender military ban in a letter co-authored by Democratic U.S. Sens. Mark Warner (Va.) and Kirsten Gillibrand (N.Y.) that was signed by 42 of their colleagues in the chamber from both parties.
“Banning transgender people from the military is wrong and discriminatory, and it violates our national values by denying people the ability to serve simply because of who they are,” said Rodrigo Heng-Lehtinen, executive director of the National Center for Transgender Equality, in a statement to the Blade.
“Transgender Americans, just like anyone else in this country, should be judged on whether or not they can get the job done, no more, no less,” he said. “This legislation continues the harmful political attacks against our community that try to push us out of places where we live, learn and work.”
Senate Majority Leader Chuck Schumer (D-N.Y.) addressed the GOP Senators’ proposal for a new ban on transgender troops in a tweet published Friday afternoon: “President Biden stood up and undid this ridiculous MAGA Trump ban,” the senator wrote. “Whether trans or otherwise, if you’re qualified you should be permitted to serve. We honor everyone willing to risk their lives to serve our country.”
President Biden stood up and undid this ridiculous MAGA Trump ban.
— Chuck Schumer (@SenSchumer) February 17, 2023
Whether trans or otherwise, if you’re qualified you should be permitted to serve.
We honor everyone willing to risk their lives to serve our country.https://t.co/oPYSTcG1IP
The Congressional LGBTQ+ Equality Caucus also responded to Rubio and Banks’s proposal on Twitter, writing: “Just two months into the new Congress, anti-LGBTQI+ Republicans are going after our troops. Our trans servicemembers support our country’s military readiness and national security. This bill would effectively bar trans servicemembers from serving openly.”
Just two months into the new Congress, anti-LGBTQI+ Republicans are going after our troops.
— Congressional Equality Caucus (@EqualityCaucus) February 16, 2023
Our trans servicemembers support our country’s military readiness & national security. This bill would effectively bar trans servicemembers from serving openly.https://t.co/htHIOaUDOM
In addition to revoking the previous administration’s ban on trans military service, the Biden-Harris White House has taken important steps toward LGBTQ equity and equality, particularly for trans Americans, on a variety of fronts.
Issued on Thursday, the White House’s Executive Order to Strengthen Racial Equity and Support for Underserved Communities Across the Federal Government instructs the heads of U.S. federal agencies to submit Equity Action Plans pursuant to previous executive actions including Biden’s June 2022’s Executive Order on Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer and Intersex Individuals.
The new executive order notes achievements over the past couple of years including policies “prohibiting discrimination based on sexual orientation, gender identity, and sex characteristics across Federal programs” and the establishment of a National Strategy on Gender Equity and Equality.
The administration has also been lauded for the record number of LGBTQ political appointees that have been nominated and confirmed.
Among them is Adm. Rachel Levine, who was appointed to the role of assistant secretary for health and human services under the Biden-Harris administration, became the first woman four-star admiral and the first transgender four-star officer in any uniformed service when she was tapped to lead the U.S. Public Health Service Commissioned Corps in 2021.
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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