Congress
House moves to block gender-affirming care for children of service members
Rules Committee approved NDAA on Monday
House Republicans added a provision to the annual must-pass military spending bill, filed over the weekend, that would prohibit the children of U.S. service members from accessing gender-affirming healthcare interventions.
President Joe Biden has promised to veto legislation that discriminates against the trans community, and the likelihood that the bill would pass through the U.S. Senate is uncertain with Democrats controlling the upper chamber until the 119th Congress is convened on Jan. 3.
Nevertheless, the GOP’s National Defense Authorization Act was passed along party lines by the U.S. House Rules Committee on Monday night, and a floor vote could come as early as Tuesday.
During the hearing yesterday, the committee’s top Democrat, U.S. Rep. Adam Smith (Wash.) said the NDAA negotiated by the chairs and ranking members of the House and Senate Armed Services Committees did not include this provision barring gender-affirming care and it was House Speaker Mike Johnson (R-La.) who insisted that it be added after the fact.
Meanwhile, Senate Majority Leader Chuck Schumer (D-N.Y.) is urging House Republicans to attach the Antisemitism Awareness Act, which is aimed at college campuses, to the NDAA, but Johnson reportedly wants the Democratic leader to put the bill to a floor vote on its own — a move that would inhibit his party’s ability to confirm as many judicial nominees as possible before control of the upper chamber changes hands.
Smith’s office published a statement objecting to the anti-transgender language added by the Republican leader:
“For the 64th consecutive year, House and Senate Armed Services Committee Democrats and Republicans worked across the aisle to craft a defense bill that invests in the greatest sources of America’s strength: Service members and their families, science and technology, modernization, and a commitment to allies and partners.
Rooted in the work of the bipartisan Quality of Life Panel, the bill delivers a 14.5 percent pay raise for junior enlisted service members and 4.5 percent pay raise for all other service members. It includes improvements for housing, health care, childcare, and spousal support.
House Armed Services Democrats were successful in blocking many harmful provisions that attacked DEI programs, the LGBTQ community, and women’s access to reproductive health care. It also included provisions that required bipartisan compromise. And had it remained as such, it would easily pass both chambers in a bipartisan vote.
However, the final text includes a provision prohibiting medical treatment for military dependents under the age of 18 who are diagnosed with gender dysphoria. Blanketly denying health care to people who clearly need it, just because of a biased notion against transgender people, is wrong. This provision injected a level of partisanship not traditionally seen in defense bills. Speaker Johnson is pandering to the most extreme elements of his party to ensure that he retains his speakership. In doing so, he has upended what had been a bipartisan process.
I urge the speaker to abandon this current effort and let the House bring forward a bill — reflective of the traditional bipartisan process — that supports our troops and their families, invests in innovation and modernization, and doesn’t attack the transgender community.”
The Congressional Equality Caucus spoke out against the Republican NDAA with a statement by the chair, openly-gay U.S. Rep. Mark Pocan (D-Wis.), who said “In the last 72 hours, brave Americans who serve our nation in uniform woke up to the news that Republicans in Congress are trying to ban healthcare for their transgender children.”
Pocan continued, “For a party whose members constantly decry ‘big government,’ nothing is more hypocritical than hijacking the NDAA to override servicemembers’ decisions, in consultation with medical professionals and their children, about what medical care is best for their transgender kids. The Congressional Equality Caucus opposes passage of this bill, and I encourage my colleagues to vote no on it.”
Human Rights Campaign President Kelley Robinson also issued a statement, arguing that “This legislation has been hijacked by Speaker Mike Johnson and anti-LGBTQ+ lawmakers, who have chosen to put our national security and military readiness at risk for no other reason than to harm the transgender kids of military families.”
“The decisions that families and doctors make for the wellbeing of their transgender kids are important and complex, especially so for military families, and the last thing they need is politicians stepping in and taking away their right to make those decisions,” she said.
“When this comes up in the full House, lawmakers need to vote down this damaging and dehumanizing legislation,” Robinson added.
“This is a dangerous affront to the dignity and well-being of young people whose parents have dedicated their lives to this country’s armed forces,” said Mike Zamore, national director of policy and government affairs at the American Civil Liberties Union.
“Medical care should stay between families and their doctors but this provision would baselessly and recklessly inject politics into the health care military families receive,” he said. “Nobody should have to choose between serving the country and ensuring their child has the health care they need to live and thrive. Members of Congress must vote against the defense bill because of the inclusion of this deeply harmful, unconstitutional provision.”
Congress
Five HIV/AIDS activists arrested outside Susan Collins’s D.C. office
Protesters demanded full PEPFAR funding
U.S. Capitol Police on Tuesday arrested five HIV/AIDS activists who protested outside U.S. Sen. Susan Collins (R-Maine)’s office in the Dirksen Senate Office Building.
A press release that Housing Works, Health GAP, and Disability Voters of Maine issued notes 30 HIV/AIDS activists “carried out an act of civil disobedience” at Collins’s D.C. office and “delivered mock ‘bodybags'” to her office in Portland, Maine.
“Activists were reacting to deadly harms caused by Collins’s unwillingness to hold Office of Management and Budget (OMB) Director Russell Vought accountable for illegally obstructing the release of already appropriated funding for lifesaving HIV treatment and prevention,” reads the press release.
Elizabeth Koke, senior director of brand strategy for Housing Works, told the Washington Blade that Housing Works CEO Charles King is among those who were arrested in D.C. The press release notes 30 HIV/AIDS activists participated in the protest.
Activists since the Trump-Vance administration took office in January have demanded full PEPFAR funding.
Secretary of State Marco Rubio Jan. 28 issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during the freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, has severely impacted their work. (The State Department last month announced PEPFAR will distribute lenacapavir, a breakthrough HIV prevention drug, in countries with high prevalence rates.)
The New York Times in August reported Vought “apportioned” only $2.9 billion of $6 billion that Congress set aside for PEPFAR for fiscal year 2025. (PEPFAR in the coming fiscal year will use funds allocated in fiscal year 2024.)
Bipartisan opposition in the U.S. Senate prompted the Trump-Vance administration in July withdraw a proposal to cut $400 million from PEPFAR’s budget. Vought on Aug. 29 said he would use a “pocket rescission” to cancel $4.9 billion in foreign aid that Congress had already approved.
The federal government has been shut down since Oct. 1.
“In July, we applauded Collins’s willingness to fight for people with HIV which resulted in a temporary reprieve from further unlawful cuts,” said Health GAP Executive Director Asia Russell. “In response, Vought has gone behind Collins’s back. Why isn’t she fighting back? We cannot allow Collins to refuse to take action now — just because Vought is violating the law doesn’t mean she can break her promise to people with HIV.”
Collins chairs the Senate Appropriations Committee.
“Collins has said that PEPFAR funds are not reaching people in need, yet she refuses to use the full power of her position to end the political obstruction and lawlessness while people continue to die,” said Marie Follayttar of Disability Voters of Maine. “The consequences of her inaction, and of her votes, will be measured in body bags around the world.”
The protesters’ press release notes two specific demands for Collins:
• Fully restore PEPFAR programming by directing Vought to release withheld PEPFAR funding consistent with Congressional appropriations
• Include the release of withheld PEPFAR funding as part of her 6-point plan to re-open government
“Senator Collins has been the Senate champion for PEPFAR and was responsible for saving the program from $400 million in cuts just three months ago,” Blake Kernen, Collins’s press secretary, told the Blade on Wednesday. “It was difficult to understand what the protesters wanted or their message.”
“Many entered the office, sat on the ground, and used a loud noisemaker, which made it impossible to hear,” said Kernen. “A member of Sen. Collins’s staff offered to speak with the group, but they continued to shout over her and refused the offer.”
Congress
Mike Waltz confirmed as next UN ambassador
Trump nominated former national security advisor in May
The U.S. Senate on Sept. 19 confirmed former U.S. Rep. Mike Waltz (R-Fla.) as the next U.S. ambassador to the U.N.
The Florida Republican had been the national security advisor until President Donald Trump in May tapped him after U.S. Rep. Elise Stefanik (R-N.Y.) withdrew her nomination in order to ensure Republicans maintained their narrow majority in the U.S. House of Representatives.
Senators approved Waltz’s nomination by a 47-43 vote margin.
“Thank you President Trump and the U.S. Senate for your trust and confidence to Make the UN Great Again,” said Waltz on X.
The U.N. General Assembly is taking place this week in New York. Trump is scheduled to speak on Tuesday.
Congress
State Department urged to restore LGBTQ-specific information in human rights reports
Congressional Equality Caucus sent Secretary of State Marco Rubio a letter on Sept. 9
The Congressional Equality Caucus has called upon the State Department to once again include LGBTQ and intersex people in their annual human rights report.
U.S. Reps. Robert Garcia (D-Calif.), Julie Johnson (D-Texas), and Sarah McBride (D-Del.), who co-chair the caucus’s International LGBTQI+ Rights Task Force, spearheaded a letter sent to Secretary of State Marco Rubio on Sept. 9.
The 2024 human rights report the State Department released last month did not include LGBTQ-specific references. Jessica Stern, the former special U.S. envoy for the promotion of LGBTQ and intersex rights under the Biden-Harris administration who co-founded the Alliance for Diplomacy and Justice, described the removal of LGBTQ and intersex people and other groups from the report as “deliberate erasure.”
“We strongly oppose your decision to remove the subsection on Acts of Violence Criminalization, and Other Abuses Based on Sexual Orientation, Gender Identity or Expression, or Sex Characteristics (SOGIESC Subsection) from the State Department’s Annual Country Reports on Human Rights Practices (Human Rights Reports),” reads the letter. “We urge you to restore this information, or else ensure it is integrated throughout each human rights report.”
Congress requires the State Department to release a human rights report each year.
The Congressional Equality Caucus’s letter points out the human rights reports “have been a critical source of information on human rights violations and abuses against LGBTQI+ persons around the world.” It specifically notes consensual same-sex sexual relations remain criminalized in more than 60 countries, and the 2017 human rights report included “details on the state-sponsored and societal violence against LGBTQI+ persons in Chechnya, including extrajudicial killings.”
Immigration Equality in response to the 2024 human rights report said the reports “serve as key evidence for asylum seekers, attorneys, judges, and advocates who rely on them to assess human rights conditions and protection claims worldwide.”
“The information in these reports is critical — not just for human rights advocates — but also for Americans traveling abroad,” reads the Congressional Equality Caucus’s letter. “LGBTQI+ Americans and their families must continue to have access to comprehensive, reliable information about a country’s human rights record so they can plan travel and take appropriate precautions.”
The caucus’s full letter can be read here.
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