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State legislatures wrap, leaving terror in their wake

‘It’s hard to not be alarmed about the direction that this is all heading’

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

Conservative state legislatures from Florida to Idaho, have finished or will soon finish their business, leaving transgender Americans and their loved ones reeling from the onslaught of attacks against them.

Between 400 and 600 bills were introduced since January that target LGBTQ folks, disproportionately transgender kids – a figure that has often been cited by LGBTQ groups and elected Democrats.

What is often lost in this accounting, however, is how harmful the legislation is (or will be, in the case of so many bills that have yet to take effect), because for those who are directly targeted by the ceaseless legislative and rhetorical attacks, they are hardly an abstraction.

On Monday, Oklahoma became the 16th state to ban guideline-directed best practices healthcare interventions for the treatment of gender dysphoria in minors and the fourth state to make it a felony for providers to administer that care to their patients.

Then, on Tuesday, Montana became the 17th state, having just evicted duly elected state Rep. Zooey Zephyr from the chamber because, in her words, “I dared to give voice to the values and needs of transgender people like myself.”

In March, Kentucky passed what was then deemed “the worst anti-trans bill in the nation,” a healthcare ban augmented by language pulled from Florida’s so-called “Don’t Say Gay” law, which criminalizes discussion of sexual orientation or gender identity in schools.

The following month, just across the border, the torch was passed to Missouri, whose Republican Attorney General Andrew Bailey issued an emergency rule prohibiting gender affirming care for youth as well as adults and then published a form allowing citizens to formally record complaints about “a gender transition” they have “experienced or observed.”

Powerful conservative Christian advocacy groups like the Alliance Defending Freedom have lobbied for anti-LGBTQ bills and defended them from legal challenges. The organization has backed anti-trans measures from restrictions on access to gender affirming care to “Don’t Say Gay” laws.

For trans people, the prospect of having to flee their home states “doesn’t feel theoretical anymore,” Ari Drennen, LGBTQ program director for Media Matters for America, told the Washington Blade.

“The thing is,” she said, “I feel like we got there a while ago, and I just kind of adjusted, and now it’s like this weird world where I have multiple adult friends who are leaving multiple states for their own safety.”

“It’s hard to keep perspective of just how bad it’s gotten and just how quickly,” Drennen said.

She added the recent polling data, which indicates “most voters do not think that this is a good use of the government’s time and energy” offers cold comfort because “when that doesn’t seem to stop them, it almost makes it scarier.”

Drennen said the reality for so many of these Republican legislators is “they are just so genuinely opposed to the existence of trans people” that they will continue apace with these legislative crusades, political consequences be damned.

Another concern, often overlooked, is the escalation of transphobic rhetoric that abets the work of anti-trans GOP legislatures and to some extent makes their goals more reachable.

“You can look at The Daily Wire’s Michael Knowles giving his big speech at CPAC,” Drennen said, in which he argued “that transgenderism must be eradicated from public life entirely.”

“Those were his exact words,” she said, and “what he’s saying there is that trans people should not be in public, really under any circumstances, and I think that’s where a lot of the right wing media has gotten.”

“This has escalated very quickly in a couple of years from, ‘oh, well, you know, we just have some concerns about the fairness of trans people who are competing in sports,’ to multiple states passing bathroom bills or considering bathroom bills, multiple states expanding what kinds of gender affirming care they’re considering trying to take off the table,” Drennen said.

“And it’s hard to not be alarmed about the direction that this is all heading,” she said.

At this juncture, according to the ACLU:

  • Anti-LGBTQ bills can be divided into seven categories: Healthcare (e.g., bans on gender affirming care); public accommodations (e.g., laws prohibiting trans people from using restrooms and facilities consistent with their gender identity); schools and education (e.g., “Don’t Say Gay” laws, bans prohibiting trans student athletes from competing in sports); free speech and expression (e.g., restrictions on drag performances, book bans); accurate IDs (e.g., laws prohibiting trans people from obtaining documents that reflect their gender identity); civil rights (e.g., measures to allow discrimination against LGBTQ people); and other (e.g., Alabama’s proposed bill to define “woman” based on sex characteristics at birth).
  • Fifteen states have introduced more than 10 anti-LGBTQ bills: Arizona, North Dakota, Kansas, Oklahoma, Texas, Iowa, Missouri, Mississippi, Indiana, Kentucky, Tennessee, West Virginia, Virginia, North Carolina, South Carolina, and Florida.
  • Four states and the District of Columbia have not introduced any anti-LGBTQ bills: Pennsylvania, Delaware, Illinois, and Wisconsin.
  • 318 anti-LGBTQ bills are now advancing through state legislatures. Forty-five have been signed into law; 105 have been defeated.
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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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