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Attorneys general say DeSantis is violating transgender students rights

Anthony Brown and Brian Schwalb among letter signatories

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Maryland Attorney General Anthony Brown is among the signatories of a letter that accuses Republican Florida Gov. Ron DeSantis of violating the rights of transgender students in his state. (Washington Blade photo by Michael K. Lavers)

In a letter sent Friday to Republican Florida Gov. Ron DeSantis, a coalition of attorneys general from 15 states and D.C. notified the governor that it is their belief that he and his administration are violating the privacy and rights of university age transgender students.

The letter’s lead signatory, New York Attorney General Letitia James, writing on behalf of the 16 partner coalition stated:

“The undersigned attorneys general write with grave concern over your request for information regarding the provision of gender-affirming care to Florida university students experiencing gender dysphoria. This information request may be intended to intimidate, and will actually intimidate, university administrators and health care providers and chill vulnerable students, including the students or staff in Florida’s state university system who are citizens of our states, from accessing necessary medical care.”

James goes on to caution DeSantis that his actions are violating federal protections against discrimination in accessing health care. The letter also notes that, “Governor DeSantis’ request for students’ private gender-affirming care information is discriminatory. Collecting this information appears to be paving the way for the governor to unconstitutionally target and limit the programs that these individuals rely on for healthcare and well-being.”

DeSantis’ budget director, Chris Spencer, at the governor’s behest sent a survey out in mid-January to all 28 state colleges and universities asking administrators for the numbers and ages of their students who sought or received gender dysphoria treatment, including sex reassignment surgery and hormone prescriptions.

“Our office has learned that several state universities provide services to persons suffering from gender dysphoria,” Spencer wrote in the cover letter accompanying the survey. “On behalf of the governor, I hereby request that you respond to the enclosed inquiries related to such services.”

That action by Spencer brought a rapid critique from Florida House Democratic leader Fentrice Driskell who said: “We can see cuts in funding for universities to treat students with this condition, and I think an all-out elimination of services is certainly on the table.”

The attorneys general pointed out in their letter referencing that survey: “Public reports suggest that you may seek to use the information sought to eliminate funding for necessary gender-affirming health care for students. This would be in keeping with your prior actions targeting the LGBTQIA community, and particularly transgender youth, such as cutting off funding under Medicaid for gender affirming care and calling upon the Florida Board of Medicine to prohibit use of puberty blockers and other gender-affirming care for people under 18.”

The Associated Press noted the survey requires breakdowns by age, regardless of whether students are age 18 or older, of people prescribed hormones or hormone antagonists or who underwent medical procedures like mastectomies, breast augmentation or removal and reconstruction of genitals.

In addition to the elimination of funding for trans-related healthcare through campus student health services, LGBTQ advocacy groups charge that these actions by the governor’s administration will only serve to further isolate an already marginalized trans community.

In the letter, the attorneys general further outlined their concerns especially in regard to the mental health and well being of trans students:

“Transgender young people are among the most vulnerable populations in the country. They are more likely than cisgender students to experience bullying, violence, sexual assault, and other forms of discrimination at school. Trans individuals of all ages already face steep barriers to obtaining basic health care, including lack of insurance, denial of coverage, and discrimination and denials of care by providers.”

For example, the Trevor Project’s 2022 National Survey on LGBTQ Youth Mental Health found that 60 percent of LGBTQ youth who wanted mental health care in the past year were unable to get it. Transgender youth also experience disproportionately high rates of houselessness, substance abuse, depression, anxiety, suicidality and other mental health issues.” 

The letter notes: “Such actions jeopardize the health, safety and well-being of young people and their families, contravene well-accepted medical standards, unduly insert the state into the provider-patient relationship, violate students’ rights under federal law — including privacy — and offend basic human rights. Accordingly, we urge you to reconsider this action and rescind the information request immediately.”

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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