Congress
Republican senators focus on trans women in sports during ‘Protecting Pride’ hearing
HRC President Kelley Robinson among committee witnesses
During the Senate Judiciary Committee’s “Protecting Pride” hearing on Wednesday morning, Republican members were largely focused on transgender women’s participation in competitive sports.
Members on the other side of the aisle, meanwhile, addressed a variety of LGBTQ topics — including the need for passage of the Equality Act, which the Democrats reintroduced with a press conference just after the hearing.
Most questions from the GOP senators were addressed to one of their witnesses, Riley Gaines, who once competed with trans swimmer Lia Thomas and rose to public attention last year for her advocacy against the inclusion of trans women in athletics.
During the hearing, Gaines claimed not to be transphobic and insisted she harbored no negative feelings toward her former teammate, but used incendiary language about trans women, including repeatedly describing Thomas’ genitals and deliberately misgendering her.
For example, Republican Committee member U.S. Sen. Josh Hawley (R-Mo.) asked for her response to Thomas’ comments that she has used, as a pretext, “the guise of feminism to sort of push transphobic beliefs,” which Gaines dismissed by saying her former teammate was “mansplaining what it means to be a feminist.”
Despite the barrage of anti-trans laws introduced and passed in statehouses across the country this year, conservative federal lawmakers so far have made progress advancing just one, a bill passed by the U.S. House of Representatives in April that would prohibit trans girls and women from competing on women’s and girls’ sports teams. (The bill is almost certainly destined to languish in the Democratic-controlled Senate, and President Joe Biden promised he would veto the measure should it ever reach his desk.)
While Republicans on the Senate Judiciary Committee dedicated most of their time to consternation over competitive sports, conservative state lawmakers have clawed back the rights and freedoms of their trans residents on multiple other fronts — including, notably, by restricting or blocking their access to guideline directed medical interventions consistent with the best practices standard of care as ordained by scientific and medical societies with the requisite expertise.
And while they engaged far less with him than they did with Gaines, the GOP senators invited another witness to Wednesday’s hearing, Matt Sharp, senior counsel for the Alliance Defending Freedom.
ADF, notes the Southern Poverty Law Center, “has supported the recriminalization of sexual acts between consenting LGBTQ adults in the U.S. and criminalization abroad; has defended state-sanctioned sterilization of trans people abroad; has contended that LGBTQ people are more likely to engage in pedophilia; and claims that a ‘homosexual agenda’ will destroy Christianity and society.”
Sharp used the opportunity to advocate for his client Laurie Smith whose case before the U.S. Supreme Court, 303 Creative v. Elenis, could lead to a ruling permitting business owners to claim religious exemptions from statewide laws prohibiting anti-LGBTQ discrimination.
Most of his prepared remarks before the committee, however, concerned healthcare treatments for trans youth, which he described in misleading and inaccurate ways, such as by claiming that LGBTQ advocates are pushing “to get dangerous and potentially irreversible gender transition procedures” performed on children.
Extreme positions like these are not inconsistent with views that many of the Republicans on the committee have expressed in the past. Last year, U.S. Sen. Marsha Blackburn (R-Tenn.) headlined her state’s “Rally to End Child Genital Mutilation,” a commonly used — and inaccurate — term used by anti-trans activists to describe gender affirming care even though genital surgeries are not recommended for minor patients.
Doctor Ximena Lopez, a witness invited by the Democratic senators, followed Sharp’s remarks by swatting down healthcare related misinformation and discussing her practice as a pediatrician trained in pediatric endocrinology with experience treating minor patients with gender affirming care.
“Misinformation,” she said, “is having a chilling effect,” and “the general public should know” that guideline directed gender affirming care is “based on more than two decades of research and clinical practice [and] accepted as established medical care by every leading medical organization including the American Academy of Pediatrics, the American Medical Association and many others.”
Lopez said the decision to opt for one’s child to undergo treatments for gender dysphoria per the best practices standard of care and clinical practice guidelines is “highly complex” and “not easy” for “any parent from any background.”
“It takes a lot of time and effort to meet with different health providers and physicians to discuss risks, benefits, and possible alternatives,” Lopez said.
She added, “I’m here because I’m very worried for the mental health of my patients, the ones I see in my clinic who are supported by their parents and receiving gender affirming care and thriving.”
Lopez, whose practice is located in Texas, said if these patients suddenly lose access to gender affirming care, she fears for the consequences on their mental health. They are “debating whether to leave or hide,” she said, “and it’s really devastating.”
Human Rights Campaign President Kelley Robinson, the Democrats’ third witness, dedicated a portion of her prepared remarks to the Equality Act ahead of her appearance at the press conference announcing its reintroduction.
The legislation, which would extend federal nondiscrimination protections to LGBTQ Americans, has been introduced in Congress several times over more than a decade.
Particularly now that the Congress has made major inroads toward LGBTQ rights — codifying protections for same-sex couples, for instance, and repealing “Don’t Ask, Don’t Tell” — Robinson said “it’s time for Congress to catch up to where our country already is.”
The Equality Act enjoys broad support, including from major companies, said Democratic Committee member U.S. Sen. Amy Klobuchar (Minn.). She asked Robinson to confirm that it remains lawful in certain parts of the country to deny loans to LGBTQ applicants based only on bias toward their sexual orientation or gender identity.
Robinson had previously noted LGBTQ-inclusive nondiscrimination protections are on the books in only 23 states.
She began her prepared remarks, however, by proclaiming that “LGBTQ+ people in the United States are living in a state of emergency.”
Robinson detailed the proliferation of legislative attacks against the community and described how each of the hundreds of anti-LGBTQ bills introduced this year caused a spike in violent threats and dehumanizing rhetoric while putting families in the position of having to decide whether they might need to relocate to other states to protect their safety. Robinson described how the uptick in homophobia and transphobia has dramatically exacerbated the mental health crisis afflicting LGBTQ people, especially youth. She talked about the deadly shootings in LGBTQ spaces, and the murders of trans people.
U.S. Sen. Ted Cruz (R-Texas) used his time to question Robinson.
Rather than addressing any of the matters she had discussed in her opening remarks, Cruz asked Robinson to state for the record whether she believes there are differences between men and women, repeatedly interrupting and haranguing her when she tried to answer.
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.
Congress
Senate parliamentarian orders removal of gender-affirming care ban from GOP reconciliation bill
GOP Senate Leader John Thune (S.D.) hoped to pass the bill by end-of-week
Restrictions on the use of federal funds for gender-affirming care will be stripped from the Republican-led Senate reconciliation bill, following a ruling by the Senate parliamentarian on Tuesday that struck down a number of health related provisions.
The legislation banned coverage for transgender medical care through Medicaid and the Children’s Health Insurance Program, language that was also included in the House version of the bill passed on May 22 with a vote of 215-214.
The parliamentarian’s decision also rejected Republican proposals for a Medicaid provider tax framework, which allows states to charge health care providers and use the funds to support their programs, along with broader cuts to Medicaid.
Amid calls to override Tuesday’s ruling from Republicans like U.S. Rep. Greg Steube (Fla.), GOP Senate Majority Leader John Thune (S.D.) told reporters “That would not be a good outcome for getting a bill done.”
He also acknowledged that the timing and schedule might have to be adjusted. Senate Republicans had hoped to pass the reconciliation bill by the end of this week, though this was not a legal or procedural deadline.
Dubbed the “one big, beautiful bill” by President Donald Trump, the legislation would extend tax breaks from 2017 that overwhelmingly benefit the wealthiest Americans and corporations. To cover the cost, which is estimated to exceed $4 trillion over 10 years, the bill would make drastic cuts to social welfare programs, particularly Medicaid.
Democrats are not in a position to negotiate across the aisle with Republicans holding majorities in both chambers of Congress, but for months they have been calling attention to the effort by their GOP colleagues to strip Americans of their health insurance to pay for the tax breaks.
The Congressional Budget Office estimates that 10.9 million people would lose their coverage, either through Medicaid or the Affordable Care Act marketplaces. Some Republicans like U.S. Sen. Josh Hawley (Mo.) are pushing back against the deep cuts to Medicaid, arguing they would be devastating for many of their constituents and also to hospitals, nursing homes, and community health care providers in rural areas.
In a statement emailed to the Washington Blade on Tuesday, U.S. Senate Democratic Whip Dick Durbin (Ill.) said, “Anti-trans extremists are attempting to use the full power of the government to hurt kids, and recent Supreme Court decisions in Skrmetti and Medina are enabling their quest.”
While today’s ruling by the Senate parliamentarian is a temporary win, I will keep pushing back on these shameful attempts to harm trans kids and their families for trying to live authentically,” said the senator, who also serves as ranking member of the powerful Senate Judiciary Committee.
U.S. Rep. Mark Takano (D-Calif.), who is gay and chairs the Congressional Equality Caucus, also shared a statement with the Washington Blade addressing the parliamentarian’s ruling:
“This ruling by the Senate Parliamentarian is a win for the transgender people who rely on Medicaid and CHIP to access the healthcare they need to live fuller, happier, and healthier lives—but the fight is not over yet,” the congressman said.
“Republican Senators must abide by her ruling and remove the ban from the final version of Trump’s Big Ugly Bill,” he said. “Yet, even with this provision removed, this bill is terrible for the American people, including trans Americans. Every Equality Caucus member voted against it in the House and we’re ready to do so again if the Senate sends it back to the House.”
The Human Rights Campaign issued a press release with a statement from the organization’s vice president for government affairs, David Stacy:
“The fact remains that this bill belongs in the trash. It continues to include devastating cuts to health care programs — including Medicaid — that would disproportionately harm the LGBTQ+ community, all so the already rich can receive huge tax cuts,” Stacy said.
“While it comes as a relief that the Senate parliamentarian concluded that one provision in the nightmarish reconciliation bill that would have denied essential, best practice health care to transgender adults does not belong, we aren’t done fighting,” he said. “With attacks on our community coming from many directions, including the Supreme Court, we will work to defeat this bill with everything we’ve got.”
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