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Fairness for All Act seeks middle ground on LGBT rights

Legislation seen as alternative to Equality Act

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Fairness for All Act, gay news, Washington Blade

Rep. Chris Stewart (R-Utah) has introduced the Fairness for All Act. (Photo public domain)

Newly introduced legislation in the U.S. House backed by the Mormon Church seeks to strike a middle ground on LGBT rights and religious freedom in federal civil rights law, although major proponents of each refuse to support the legislation.

Introduced by Rep. Chris Stewart (R-Utah) on Friday, the Fairness for All Act would strike balance between LGBT rights and religious freedom in way proponents say would protect the First Amendment rights. That way, however, permits anti-LGBT discrimination from religious institutions and small-business wedding vendors.

“All of God’s children, regardless of sexual orientation or religion, deserve dignity, respect and the right to pursue happiness,” Stewart said. “This legislation allows us to settle the legal questions and get back to the business of loving our neighbors.”

The Fairness for All Act is seen as an alternative to the Equality Act, legislation approved by the House in May under the Democratic majority — with five Republican votes. The Equality Act would make anti-LGBT discrimination a form of sex discrimination under the Civil Rights Act of 1964 and clarify the Religious Freedom Restoration Act can’t be a justification for discrimination.

Much like the Equality Act, the Fairness for All Act would make anti-LGBT discrimination against federal law, but it would also institute an accommodation for institutions like religious organizations and small-business wedding vendors.

The Fairness for All Act would prohibit anti-LGBT discrimination in employment, housing, jury selection, credit, federal programs and public accommodations, but do so without defining anti-LGBT discrimination as sex discrimination. The bill would also expand the definition of public accommodations beyond the Civil Rights Act of 1964.

But in contrast to the Equality Act, the Fairness for All Act would preserve the Religious Freedom Restoration Act and protect the tax-exempt status of religious colleges and universities that oppose same-sex marriage, such as Brigham Young University, Bethel University and Catholic University.

The Fairness for All Act would also extend protections to small business whose owners refuse to provide services to same-sex weddings based on religious objections. Among them is Jack Phillips, the owner of Masterpiece Cakeshop, who gained notoriety when his reached the Supreme Court and justices ruled narrowly in his favor based on the facts of the case.

The measure would prohibit anti-LGBT discrimination at “any store, shopping center or online retailer or provider of online services that has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year,” but states the threshold doesn’t apply to claims of discrimination based on race, color or national origin or the small business wedding vendors excluded under the measure.

Similarly, the measure says “a property owned or operated primarily for noncommercial purposes by a non-profit religious corporation that holds itself out to the public as substantially religious, has as its stated purpose in its organic documents that it is religious, and is substantially religious in its current operations” is not a public accommodations under the legislation.

Lastly, the Fairness for All Act purports to protect religiously affiliated adoption agencies “so they can continue to serve vulnerable children and willing couples, while at the same time ensuring the ability of LGBT persons to adopt and foster children too.”

Unlike the Equality Act, the Fairness for All Act also makes clear access to abortion services aren’t protected, but stipulates the measure shouldn’t be construed to impose a penalty on women who have had an abortion or seek abortion-related services.

Among the proponents of the Fairness for All Act is the Church of Jesus Christ of Latter Day Saints and the Seventh-Day Adventist Church, which expressed support for the legislation in a statement Friday.

But the nation’s leading advocacy group for LGBTQ rights says the Fairness for All Act doesn’t go far enough, and an anti-LGBT legal firm that purports to protect religious freedom also doesn’t support the legislation.

Alphonso David, president of the Human Rights Campaign, said he “strongly oppose[s]” the Fairness for All Act because it sells LGBTQ people short and erodes existing protections under federal civil rights law.

“The so-called Fairness for All Act is an unacceptable, partisan vehicle that erodes existing civil rights protections based on race, sex and religion, while sanctioning discrimination against lesbian, gay, bisexual, transgender and queer people,” David said. “For LGBTQ people living at the intersection of multiple marginalized identities, this bill is a double whammy of dangerous rollbacks and discriminatory carve-outs. This bill is both wrong and harmful, and we strongly oppose it.”

David said the right path for advancing LGBTQ rights is the Equality Act, which he said is necessary because “LGBTQ people deserve full federal equality, period.”

“The Equality Act, on the other hand, has already passed through the House of Representatives with a bipartisan majority, the support of more than 260 leading companies and more than 500 civil rights, religious, medical and social welfare organizations, and is our movement — and, most importantly, our community’s — top legislative priority,” David said.

A spokesperson for Alliance Defending Freedom, the anti-LGBT legal firm that has represented Masterpiece Cakeshop and schools seeking to deny transgender kids access to bathroom consistent with their gender identity, referred to the Washington Blade to a 2018 statement from the organization against the Fairness for All Act Act.

“Every person should be treated with dignity and respect,” said ADF Senior Vice President of U.S. Legal Division Kristen Waggoner. “Unfortunately, sexual orientation and gender identity laws like the so-called ‘Fairness for All’ proposal undermine both fairness and freedom. This proposal is a SOGI law under different branding, with special — and likely temporary— exemptions that protect only a favored few.

A chief proponent of the Fairness for All Act, however, is the American Unity Fund, a pro-LGBTQ Republican organization backed by philanthropist and GOP donor Paul Singer. Another supporter of the legislation is Republican LGBT ally Margaret Hoover, who voiced support for the measure in an interview last month with the Los Angeles Blade.

The Fairness for All Act is introduced as the U.S. Supreme Court is considering litigation that would clarify whether Title VII of the Civil Rights Act of 1964, which bans discrimination on the basis of sex in employment, also applies to cases of anti-LGBT discrimination.

If the court rules in favor of LGBT workers, it could have far reaching implications and make federal legislation against anti-LGBT discrimination moot in employment, housing and education (although a legislative change would still be necessary to ban anti-LGBT bias in public accommodations and federal programs). If the court rules against LGBT workers, they would have no protections under federal law, and a legislative fix would be all the more needed.

The Trump administration, through White House Deputy Press Secretary Judd Deere, signaled an openness to the Fairness for All Act when asked by the Washington Blade about the legislation.

“President Trump has protected human dignity, fought for inclusion, promoted LGBTQ Americans and strongly protected religious freedom for everyone while in office,” Deere said. “The White House looks forward to reviewing the legislation.”

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White House

Trump previews anti-trans executive orders in inaugural address

Unclear how or when they would be implemented

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President Donald Trump's inauguration on Jan. 20, 2025 (Screen capture via YouTube)

President Donald Trump, during his inaugural address on Monday, previewed some anti-trans executive orders he has pledged to sign, though it was not yet fully clear how and when they would be implemented.

“This week, I will also end the government policy of trying to socially engineer race and gender into every aspect of public and private life,” he said. “Today, it will henceforth be the official policy of the United States government, that there are only two genders, male and female.”

The president added, “I will sign an order to stop our warriors from being subjected to radical political theories and social experiments, while on duty. It’s going to end immediately.”

After taking the oath of office inside the U.S. Capitol building, Trump was expected to sign as many as 200 executive orders.

On issues of gender identity and LGBTQ rights, the 47th president was reportedly considering a range of moves, including banning trans student athletes from competing and excluding trans people from the U.S. Armed Forces.

NBC News reported on Monday, however, that senior officials with the new administration pointed to two forthcoming executive orders — the official recognition of only two genders, and “ending ‘radical and wasteful’ diversity, equity and inclusion programs inside federal agencies.”

With respect to the former, in practical terms it would mean walking back the Biden-Harris administration’s policy, beginning in 2022, of allowing U.S. citizens to select the “x” gender marker for their passports and other official documents.

“The order aims to require that the federal government use the term ‘sex’ instead of ‘gender,’ and directs the State Department and the Department of Homeland Security to ‘ensure that official government documents, including passports and visas, reflect sex accurately,'” according to NBC.

Additionally, though it was unclear what exactly this would mean, the first EO would take aim at the use of taxpayer funds for gender-transition healthcare, such as in correctional facilities.

The Human Rights Campaign in a press release Monday indicated that a “fulsome review of executive actions” is forthcoming, but the group’s President Kelley Robinson said, “Today, the Trump administration is expected to release a barrage of executive actions taking aim at the LGBTQ+ community instead of uniting our country and prioritizing the pressing issues the American people are facing.”  

“But make no mistake: these actions will not take effect immediately,” she said.

“Every person deserves to be treated with dignity and respect in all areas of their lives,” Robinson said. “No one should be subjected to ongoing discrimination, harassment and humiliation where they work, go to school, or access healthcare. But today’s expected executive actions targeting the LGBTQ+ community serve no other purpose than to hurt our families and our communities.”

She continued, “Our community has fought for decades to ensure that our relationships are respected at work, that our identities are accepted at school, and that our service is honored in the military. Any attack on our rights threatens the rights of any person who doesn’t fit into the narrow view of how they should look and act. The incoming administration is trying to divide our communities in the hope that we forget what makes us strong. But we refuse to back down or be intimidated.”

“We are not going anywhere. and we will fight back against these harmful provisions with everything we’ve got,” Robinson said.

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State Department

Senate confirms Marco Rubio as next secretary of state

Fla. Republican will succeed Antony Blinken

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U.S. Sen. Marco Rubio (R-Fla.) during his confirmation hearing to become the next secretary of state on Jan. 15, 2025. (Washington Blade photo by Michael Key)

The U.S. Senate on Monday confirmed U.S. Sen. Marco Rubio (R-Fla.) to become the next secretary of state.

The vote took place hours after President Donald Trump’s inauguration. The Senate Foreign Relations Committee on Monday advanced Rubio’s nomination before senators approved it by a 99-0 vote margin.

The promotion of LGBTQ+ and intersex rights abroad was a cornerstone of the Biden-Harris administration’s foreign policy.

Rubio in 2022 defended Florida’s “Don’t Say Gay” law that Republican Gov. Ron DeSantis signed. The Florida Republican that year also voted against the Respect for Marriage Act that passed with bipartisan support.

Rubio during his Jan. 15 confirmation hearing did not speak about LGBTQ+ rights.

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World

Out in the World: LGBTQ+ news from Europe and Asia

The British government will build a memorial for queer veterans

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(Los Angeles Blade graphic)

UNITED KINGDOM

A memorial for LGBTQ+ veterans will be built at the National Memorial Arboretum in Staffordshire, the British government announced earlier this month. 

Funded by a £350,000 (approximately $425,000) grant from the Office for Veterans’ Affairs, the memorial is part of the government’s response to an independent review of the experience of LGBTQ+ veterans who served before 2000, when the UK government removed restrictions of queer people service openly in the military. Thousands of LGBTQ+ soldiers and service personnel were dismissed from the military while the ban was in effect.

The 9’ tall bronze memorial takes the form of a crumpled letter made up of words taken from testimony of former personnel who were impacted by the LGBTQ+ ban. 

“This is extremely personal for some of our members, some of whom have been affected by the armed forces exclusion of LGBTQ+ identities, and some simply affected by lived queer experience. All our members make a living in the arts by designing and delivering beautiful sculpture, making and inspired by the act of collaboration,” says Nina Bilbey, lead artist at the Abraxis Academy, which collectively designed the memorial.

The design was one of 38 submitted in a nationwide competition and selected by a judging panel that included representatives from Fighting with Pride, a national LGBTQ+ veterans advocacy group.

The UK government has taken other steps to restore dignity to LGBTQ+ veterans, including the launch of a financial recognition scheme, qualification of discharge, and restoration of rank, which were launched last December.

“When I joined the Royal Marines in 1999, this abhorrent ban on homosexuality in the armed forces was still in place. A quarter of a century later, we turn a page on that shameful chapter in our national story,” says Veterans Minister Alistair Carns in a statement.

RUSSIA

A Russian man was fined under the country’s LGBTQ+ propaganda laws for jokingly claiming to be the founder of the “international LGBT movement,” which the Russian Supreme Court declared to be an extremist terrorist organization last year.

Anton Yevdokimov, a pro-democracy activist, was found guilty of spreading “propaganda of non-traditional relations” by a Moscow court last November, but the decision was only made public last week. He was ordered to pay a fine of 100,000 rubles (approximately $975.)

Yevdokimov posted the offending statements on VKontakte, a Russian social media platform, in December 2023, shortly after the Russian Supreme Court declared the “international LGBT movement” to be an extremist terrorist organization.

“Now that they’ve banned LGBT, it’s time to confess: I am the founder and main organizer of the LGBTQ+ extremist organization!” Yevdokimov wrote, according to Novaya Gazeta. 

“I went to Rainbow High School, was recruited there, and now irradiate all homophobes with rainbows! Every time a homophobe looks at a rainbow, they get a tingle in their ass and want to suck dicks,” he wrote, also saying that “KGB cocksuckers” should “be afraid.”

Yevdokimov was already in police detention over a separate social media that is alleged to have “justified terrorism” post when he received the fine.

Russian authorities have stepped up persecution of LGBTQ+ people and activities since the Supreme Court ruling. Earlier this month, police detained the staff at a restaurant in Yakutsk in the Russian Far East, after the mayor’s office accused the restaurant of hosting performances by visiting queer and transgender artists from Thailand.

TURKEY

Turkish President Recep Tayyip Erdogan attacked the country’s LGBTQ+ community in a speech launching what he’s calling a “year of the family,” aimed at reversing declining birth rates.

Erdogan has long targeted the LGBTQ+ as a political tactic, even though Turkey’s queer community is relatively low profile. He often portrays LGBTQ+ rights activists as part of a foreign conspiracy designed to weaken Turkey.

“It is our common responsibility to protect our children and youth from harmful trends and perverse ideologies. Neoliberal cultural trends are crossing borders and penetrating all corners of the world,” he told an audience in the capital, Ankara. “They also lead to LGBT and other movements gaining ground.

“The target of gender neutralization policies, in which LGBT is used as a battering ram, is the family. Criticism of LGBT is immediately silenced, just like the legitimate criticisms of Zionism. Anyone who defends nature and the family is subject to heavy oppression.”

Critics of LGBTQ+ rights are not routinely silenced in Turkey, as should be evident by the fact that the current president is a vocal critic of LGBTQ+ rights. Parties opposed to LGBTQ+ rights make up a majority of the national parliament and run the majority of Turkey’s cities.

It is more accurate to say that the government routinely shuts down speech in favor of LGBTQ+ rights in Turkey.

Since 2016, Istanbul Pride has been banned every year. People who’ve defied the ban have been subjected to tear gas, plastic bullets, and mass arrests

Last year, the city of Istanbul’s film censors banned a screening of the Luca Guadagnino film “Queer,” leading to the cancellation of the film festival it was set to open. 

Erdogan’s announcement came with a suite of policies he says will reverse a trend of declining birth rates, including better income supports for newlyweds and new parents. 

Turkish law does not recognize any same-sex relationships or same-sex parents.

MYANMAR

The military junta that governs Myanmar has banned seven books with LGBTQ+ themes and has said it will take action against the books’ publishers, according to Radio Free Asia.

The banned books are “A Butterfly Rests on My Heart” by Aung Khant, “1500 Miles to You” and “Love Planted by Hate” by Mahura, Myint Mo’s “Tie the Knot of Love,” “Match Made in Clouds” by DiDi Zaw, “DISO+Extra” by Red in Peace and “Concerned Person U Wai” by Vivian. All the books are published domestically by Myanmar writers.

“These books are not accepted by Myanmar society, they are shameless and the content that can mislead the thinking and feelings of young people,” the Information Ministry said in a statement published in state-run media.

The LGBTQ+ community typically maintains a low profile in the socially conservative country, where gay sex is still criminalized under a criminal code that was drafted by the British colonial administration in the 19th century. 

LGBTQ+ people can also be charged or harassed by authorities under laws that criminalize the production and distribution of “obscene” materials. 

Myanmar’s military has had effective control of the government since 1962. A brief democratization in the 2010s ended when the military seized power following the victory of pro-democracy forces in the 2020 election.

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Cuba

Transgender woman who protested against Cuban government released from prison

Brenda Díaz among hundreds arrested after July 11, 2021, demonstrations

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Brenda Díaz García (Photo courtesy of Ana María García Calderín/Tremenda Nota)

A transgender woman with HIV who participated in an anti-government protest in Cuba in 2021 has been released from prison.

Luz Escobar, an independent Cuban journalist who lives in Madrid, on Saturday posted a picture of Brenda Díaz and her mother on her Facebook page.

“Brenda Díaz, a Cuban political prisoner from July 11, was released a few hours ago,” wrote Escobar.

Authorities arrested Díaz in Güira de Melena in Artemisa province after she participated in an anti-government protest on July 11, 2021. She is one of the hundreds of people who authorities took into custody during and after the demonstrations.

A Havana court in 2022 sentenced Díaz to 14 years in prison. She appealed her sentence, but Cuba’s People’s Supreme Court upheld it.

Escobar in her Facebook post said authorities “forced” Díaz to “be in a men’s prison, one of the tortures she suffered.” Mariela Castro, the daughter of former Cuban President Raúl Castro who directs the country’s National Center for Sexual Education, dismissed reports that Díaz suffered mistreatment in prison. A source in Cuba who spoke with the Washington Blade on Saturday said Díaz was held in a prison for people with HIV.

The Cuban government earlier this week began to release prisoners after President Joe Biden said the U.S. would move to lift its designation that the country is a state sponsor of terrorism. The Vatican helped facilitate the deal.

U.S. Sen. Marco Rubio (R-Fla.), who is Cuban American, on Wednesday criticized the deal during his confirmation hearing to become the next secretary of state. President-elect Donald Trump, whose first administration made the terrorism designation in January 2021, will take office on Monday.

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White House

GLAAD catalogues LGBTQ+-inclusive pages on White House and federal agency websites

Trump-Vance administration to take office Monday

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The White House (Washington Blade photo by Michael Key)

GLAAD has identified and catalogued LGBTQ+-inclusive content or references to HIV that appear on WhiteHouse.gov and the websites for several federal government agencies, anticipating that these pages might be deleted, archived, or otherwise changed shortly after the incoming administration takes over on Monday.

The organization found a total of 54 links on WhiteHouse.gov and provided the Washington Blade with a non-exhaustive list of the “major pages” on websites for the Departments of Defense (12), Justice (three), State (12), Education (15), Health and Human Services (10), and Labor (14), along with the U.S. Equal Employment Opportunity Commission (10).

The White House web pages compiled by GLAAD range from the transcript of a seven-minute speech delivered by President Joe Biden to mark the opening of the Stonewall National Monument Visitor Center to a readout of a roundtable with leaders in the LGBTQ+ and gun violence prevention movements and the White House Office of National Drug Control Policy’s 338-page FY2024 budget summary, which contains at least a dozen references to LGBTQ+-focused health equity initiatives and programs administered by agencies like the Substance Abuse and Mental Health Services Administration.

Just days after Trump took office in his first term, news outlets reported that LGBTQ+ related content had disappeared from WhiteHouse.gov and websites for multiple federal agencies.

Chad Griffin, who was then president of the Human Rights Campaign, accused the Trump-Pence administration of “systematically scrubbing the progress made for LGBTQ+ people from official websites,” raising specific objection to the State Department’s removal of an official apology for the Lavender Scare by the outgoing secretary, John Kerry, in January 2017.

Acknowledging the harm caused by the department’s dismissal of at least 1,000 employees for suspected homosexuality during the 1950s and 60s “set the right tone for the State Department, he said, adding, “It is outrageous that the new administration would attempt to erase from the record this historic apology for witch hunts that destroyed the lives of innocent Americans.”

In response to an inquiry from NBC News into why LGBTQ+ content was removed and whether the pages would return, a spokesperson said “As per standard practice, the secretary’s remarks have been archived.” However, NBC noted that “a search of the State Department’s website reveals not much else has changed.”

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Argentina

Javier Milei rolls back LGBTQ+ rights in Argentina during first year in office

Gay congressman, activists lead resistance against president

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Argentine President Javier Milei (Screen capture via YouTube)

Javier Milei’s rise to power marked a sea change in Argentine politics that profoundly impacted the country’s LGBTQ+ community.

His first year in office has seen a combination of hostile rhetoric and concrete measures that have dismantled historic advances in human rights.

“Javier Milei’s administration is fighting a two-way battle,” Congressman Esteban Paulón, a long-time LGBTQ+ activist, pointed out to the Washington Blade. “On the one hand, symbolically, with an openly homo, lesbo and transodiant discourse, and on the other, in concrete facts, such as the closure of the Ministry of Women, Gender and Diversity, and INADI (the National Institute Against Discrimination, Xenophobia and Racism).”

The decision to eliminate these key institutions sent a clear message: Diversity policies are no longer a state priority. This dismantling left LGBTQ+ Argentines without national advocacy tools.

Some provinces have tried to fill this void, but many others have followed the national government’s lead. This trend, according to Paulón and other activists, has left LGBTQ+ Argentines even more vulnerable.

“What we are seeing is not only a setback in public policies, but also a direct attack on the dignity of thousands of people who, until recently, felt the support of the state,” said Paulón. 

One of Milei administration’s first acts was to close the Women, Gender and Diversity Ministry and INADI. These decisions, which Milei said was necessary to reduce “unnecessary public spending,” eliminated agencies that played an essential role in the promotion of human rights and the fight against discrimination.

“Without these institutions, the LGBTQ community has been left unprotected against violence and prejudice. Now, discrimination cases that used to be handled by INADI end up shelved or without follow-up,” Paulón warned. “The message this sends is that our lives don’t matter to this government.”

Paulón and other activists say one of the Milei government’s most alarming decisions is to allow employers to fire employees without legal consequences.

“Today, a person can be fired because of their sexual orientation or gender identity, without the possibility of recovering their job,” warned Paulón. 

The new policy has left many employees — especially transgender people — without legal recourse. Advocacy groups say companies have taken advantage of this regulation to carry out selective firings. The freezing of a trans-specific labor quota has deepened employment discrepancies for one of the country’s most vulnerable communities.

Paulón told the Blade that anti-LGBTQ+ rhetoric from Milei and several of his ministers has also had an effect on Argentine society.

“Today, anyone feels they can say anything without consequences,” said Paulón, who noted that ultraconservative and religious sectors view Milei’s government as an ally. 

This rhetoric, according to Paulón, has yet to translate into widespread violence.

“We are not yet in a situation of systematic violence as in other countries, but the risk is there,” he said. “Every word of hate from power legitimizes violent actions.”

Congress, civil society leads resistance

In the face of this adverse scenario, resistance has taken various forms.

Paulón and other opposition lawmakers have worked on bills to protect LGBTQ+ rights and reverse regressive measures.

“We will not stand idly by. We put forward concrete proposals to guarantee access to health care, inclusive education and labor protections,” said Paulón.

Activists have strengthened alliances with their counterparts in neighboring countries, such as Brazil and Chile, and Mexico. They are also working with international organizations that have expressed concern about the situation in Argentina.

Although the outlook is bleak, Paulón said he remains hopeful. 

“Milei is going to pass, like all processes in democracy,” he said. 

Paulón stressed that marriage equality and the transgender rights law are deeply rooted in Argentine society, and act as barriers to stop further setbacks. The challenge now, he says, is to maintain resistance, organize the community, and strengthen international ties.

“We have an organized movement, tools to defend ourselves and a mostly plural and diverse society. This process will also come to an end,” said Paulón. “In this context, the struggle for LGBTQ rights in Argentina is a reminder that social conquests are never definitive and that resistance is vital to preserve the achievements made.” 

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U.S. Federal Courts

Appeals court hears case challenging Florida’s trans healthcare ban

District court judge concluded the law was discriminatory, unconstitutional

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NCLR Legal Director Shannon Minter (Washington Blade photo by Michael Key)

Parties in Doe v. Ladapo, a case challenging Florida’s ban on healthcare for transgender youth and restrictions on the medical interventions available to trans adults, presented oral arguments on Wednesday before the U.S. Court of Appeals for the 11th Circuit in Atlanta.

The case was appealed by defendants representing the Sunshine State following a decision in June 2024 by Judge Robert Hinkle of the U.S. District Court for the Northern District of Florida, who found “the law and rules unconstitutional and unenforceable on equal protection grounds,” according to a press release from the National Center for Lesbian Rights, which is involved in the litigation on behalf of the plaintiffs.

The district court additionally found the Florida healthcare ban unconstitutional on the grounds that it was “motivated by purposeful discrimination against transgender people,” though the ban and restrictions will remain in effect pending a decision by the appellate court.

Joining NCLR in the lawsuit are attorneys from GLAD Law, the Human Rights Campaign, Southern Legal Counsel, and the law firms Lowenstein Sandler and Jenner and Block.

“As a mother who simply wants to protect and love my child for who she is, I pray that the Eleventh Circuit will affirm the district court’s thoughtful and powerful order, restoring access to critical healthcare for all transgender Floridians,” plaintiff Jane Doe said. “No one should have to go through what my family has experienced.”

“As a transgender adult just trying to live my life and care for my family, it is so demeaning that the state of Florida thinks it’s their place to dictate my healthcare decisions,” said plaintiff Lucien Hamel.

“Members of the legislature have referred to the high quality healthcare I have received, which has allowed me to live authentically as myself, as ‘mutilation’ and ‘an abomination’ and have called the providers of this care ‘evil,’” Hamel added. “We hope the appellate court sees these rules and laws for what truly are: cruel.” 

“Transgender adults don’t need state officials looking over their shoulders, and families of transgender youth don’t need the government dictating how to raise their children,” said Shannon Minter, legal director of NCLR. “The district court heard the evidence and found that these restrictions are based on bias, not science. The court of appeals should affirm that judgment.” 

Noting Hinkle’s conclusion that the ban and restrictions were “motivated by animus, not science or evidence,” Simone Chris, who leads Southern Legal Counsel’s Transgender Rights Initiative, said, “The state has loudly and proudly enacted bans on transgender people accessing healthcare, using bathrooms, transgender teachers using their pronouns and titles, and a slough of other actions making it nearly impossible for transgender individuals to live in this state.”

Lowenstein Sandler Partner Thomas Redburn said, The defendants have offered nothing on appeal that could serve as a valid basis for overturning that finding” by the district court.

“Not only does this dangerous law take away parents’ freedom to make responsible medical decisions for their child, it inserts the government into private health care matters that should be between adults and their providers,” said Jennifer Levi, senior director of transgender and queer rights at GLAD Law.

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Congress

LGBTQ+ lawmakers, advocacy groups condemn GOP’s anti-trans sports ban

Several members raised their objections to the bill in speeches on the House floor

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U.S. Capitol (Washington Blade photo by Michael Key)

LGBTQ+ and civil rights advocacy groups and Democratic lawmakers in the U.S. House of Representatives denounced legislation passed on Tuesday by the Republican majority that would prohibit schools that receive federal education funding from allowing transgender students to participate in girls’ and women’s sports.

As the bill was brought to a vote, ultimately passing 218-206, Democrats slammed the measure in speeches on the House floor, statements from their congressional offices, and social media posts. Among them were the out LGBTQ+ leadership of the Congressional Equality Caucus and several allies who serve as vice-chairs.

Freshman U.S. Rep. Sarah McBride, the first transgender member of Congress, did not participate in the floor debate.

“Republicans are moving a bill that would ban transgender students of all ages from participating in sports and put all female athletes at risk for harassment and abuse,” U.S. Rep. Mark Takano (D-Calif.), who is gay and chairs the Equality Caucus, said in a video on X.

“This sports ban opens the door to subjecting all female students to secret investigations, intrusive demands for medical tests, or reviews of their private medical information,” he said. “This bill is so vaguely written that it could force any girl to undergo invasive medical exams to ‘prove’ that they are a girl.”

The congressman continued, “This bill isn’t about equity. It isn’t about fairness. It is a weaponization of the federal government against a small group of people at the expense of privacy rights for all students.”

“It does nothing to address the real inequities that female athletes face,” Takano said, “and instead overrides the authority of interscholastic and intercollegiate sports federations, as well as athletic organizations.”

Gay U.S. Rep. Mark Pocan (D-Wis.), who chaired the caucus in the previous Congress and now serves as a co-chair, said “No bill is before us to lower costs for Americans, instead it is a political attempt to divide us as a nation, stigmatizing some kids so some adults can get MAGA merit badges.

“The Republican governor of Utah vetoed a similar piece of legislation after he shared that of the 75,000 students in high school sports in Utah, only four were trans, and only one a girl playing sports. But he also mentioned the very real 86% of trans kids reporting suicidality due to issues like adults stigmatizing kids for political gain.

“Instead, today, the proposed solution is in search of an actual problem. Suggests we somehow ban girls from sports with some sort of process to determine who is a girl. Does this mean hiring potential predators to peek at the private parts of kids in locker rooms?

“Now that sounds like an actual problem to me, creating a solution to a non-existent problem by creating a problem instead of lowering costs for Americans as a sign of an ineffective congressional majority at best, I urge a no vote, and I yield back.”

U.S. Rep. Becca Balint (D-Vt.), a lesbian co-chair of the caucus who previously taught middle school history and social studies, delivered an impassioned floor speech, telling Republican House Speaker Mike Johnson (La.) “I rise in fierce opposition to this bill”:

“Trans Americans are not the problem. This obsession with monitoring kids’ genitals is absolutely the problem.

“Let’s be clear. This is about kids. My kids, your kids, all kids. All kids, even elementary school kids playing basketball. I’m a mom of two teens. I’m a former teacher. I know what kids are going through in school. They are already self-conscious about their bodies. They just want to be on the soccer field with their friends. They certainly do not want to be humiliated by members of Congress.

“So, come on, let’s talk about what enforcement looks like, because you guys, you don’t want to talk about it. We know there is only one logical conclusion to this. This is interrogation of young girls. About their bodies. This is asking people to show them what is underneath their underwear.”

“That is what we’re talking about. This is the logical conclusion for this bill. So, it’s vile. It’s twisted. They don’t want to talk about the details. It’s an absolute invasion of children’s privacy. Far from protecting anyone, it puts our children at risk. And actually, I urge colleagues on both sides of the aisle to reject this government overreach.”

Gay caucus co-chair U.S. Rep. Robert Garcia (D-Calif.) voiced his opposition to the bill in a post on X.

Other out LGBTQ+ Democratic co-chairs of the caucus spoke out from the House floor on Tuesday.

An especially comprehensive floor speech came from U.S. Rep. Suzanne Bonamici (D-Ore.), a caucus co-chair, who began her remarks by proclaiming that “the so-called Protection of Women and Girls in Sports Act” will “actually do the opposite and make sports more dangerous for women and girls.” The congresswoman said:

“This bill is a ‘one size fits all’ approach that would apply equally to every sport from K-12 schools to colleges. Currently schools, parents, and communities manage youth sports leagues and write rules about who can participate in different sports at different levels. Many states, schools, and athletic associations across the country have allowed equal participation for transgender athletes for years and it’s working just fine. 

“This legislation would revoke all federal funding from schools that include transgender students on girls’ and women’s sports teams. This is damaging and discriminatory to transgender students, who benefit, as all students do, from participating in school sports, and also damaging to the entire school that’s threatened because federal funding benefits all students.

“Keep in mind, colleagues, that as of last month, of the approximately 510,000 athletes who play at the NCAA level — 10 are transgender.  Not 10,000. Ten. Out of 510,000. 

“Transgender students — like all students — they deserve the same opportunity as their peers to learn teamwork, to find belonging, and to grow into well-rounded adults through sports. Childhood and adolescence are important times for growth and development, and sports help students form healthy habits and develop strong social and emotional skills. Sports provide meaningful opportunities for kids to feel confident in themselves and learn valuable life lessons about teamwork, leadership, and communication. Teams provide a place for kids to make friends and build relationships.

“Yet my colleagues across the aisle want to take these opportunities away from certain children; that’s discriminatory and it’s wrong.

“My colleagues are apparently so afraid of people who are different from them that they’ve manufactured false and dangerous presumptions based on outdated stereotypes about transgender people, especially transgender women and girls.

“Additionally, there is no way this so called “protection” bill could be enforced without opening the door to harassment and privacy violations. It opens the door to inspection, not protection, of women and girls in sports. Will students have to undergo exams to “prove” they’re a girl? We are already seeing examples of harassment and questioning of girls who may not conform to stereotypical feminine roles; will they be subject to demands for medical tests and private information? That’s intrusive, offensive, and unacceptable, especially from a party of limited government.

“I want to be very clear, there are real problems harming women and girls in sports, but transgender students are not why. Today, we should be working to solve the real, pervasive problems in athletics that deter women and girls from participating, including sexual harassment and assault, lack of equal resources, and pay inequality.

“We should be working on those issues, and also on the issues that improve the lives of the people we represent back home, like increasing access to affordable health care and housing, lowering costs for everyday Americans, and fighting the climate crisis.

“But instead, here we are again. We’ve seen this time and time again—Republicans fearmonger about the trans community to divert attention from the fact that they have no real solutions to help everyday Americans with the pressing problems they face.

“We must not discriminate against kids because of who they are. Transgender youth already face high hurdles, and research shows that this type of discriminatory policy is associated with declines in mental health and higher suicide risk among already threatened LGBTQI+ youth. We don’t need adults in Congress making things worse.

“As Republican Governor Spencer Cox from Utah said in his veto statement of a similar bill, “When in doubt, however, I always try to err on the side of kindness, mercy, and compassion.”

“Republicans, who have voted consistently against the Violence Against Women Act, who have taken the rights of all women to have control over their own body, who as women are bleeding out in parking lots, now want to pretend today that they care about women,” U.S. Rep. Alexandria Ocasio Cortez (D-N.Y.), a vice-chair of the caucus, said in a floor speech.

She continued, “And why? To open up genital inspection on little girls across this country in the name of attacking trans girls. We have two words. Not today.”

These and other House Democrats began calling the legislation the “GOP Child Predator Empowerment Act” to highlight the risk that if it becomes law, the ban could lead to genital exams of minor student-athletes by adults and therefore might help facilitate child sexual abuse.

While the House Education Committee chair, U.S. Rep. Tim Walberg (R-Mich.), said that birth certificates should be used to settle questions about students’ gender, the bill’s opponents said the absence of a workable enforcement mechanism leaves open a range of ways in which students’ bodies and privacy could be violated.

U.S. Rep. Sara Jacobs (D-Calif.), for instance, who is also a vice-chair, noted in her floor speech that “We have already seen an investigation like this” into a student’s gender “at a high school in Utah, and unsurprisingly, they targeted someone who wasn’t trans.”

She was referring to a case in Utah in 2022 that was kicked off when the parents of athletes who placed second and third in in a state level competition suspected the winner might be trans and filed a complaint the Utah High School Activities Association. Records showed her sex was listed as female since kindergarten.

Advocacy groups

“Just five days after Florida Governor Ron DeSantis signed an anti-transgender sports ban in 2021, a cisgender girl faced brutal harassment from the sidelines at a lacrosse game simply because she had short hair,” the Human Rights Campaign wrote in a press release Tuesday that highlighted many of the same harms addressed by House Democrats who rose in objection to the bill.

“We all want sports to be fair, students to be safe, and young people to have the opportunity to participate alongside their peers,” HRC President Kelley Robinson said in a statement included in the release. “But this kind of blanket ban deprives kids of those things. This bill would expose young people to harassment and discrimination, emboldening people to question the gender of kids who don’t fit a narrow view of how they’re supposed to dress or look.

Robinson added, “It could even expose children to invasive, inappropriate questions and examinations. Participating in sports is about learning the values of teamwork, dedication, and perseverance. And for so many students, sports are about finding somewhere to belong.”

“We should want that for all kids — not partisan policies that make life harder for them,” she said.  

HRC also argued that excluding trans women and girls from competitive athletics, denying them the benefits to their physical and mental health that come with participating in sports, can cause tremendous harm since these students “face higher risk of anxiety, depression, and bullying” than their cisgender peers.

In Monday in advance of the debate and floor vote, 405 national and local civil rights, education, and gender justice organizations joined a letter issued on Monday by the Leadership Conference on Civil and Human Rights urging House lawmakers to reject the Protection of Women and Girls in Sports Act.

“Although the authors of the legislation represent themselves as serving the interests of cisgender girls and women, this legislation does not address the longstanding barriers all girls and women have faced in their pursuit of athletics,” the letter reads, in part. “Instead of providing for equal facilities, equipment, and travel, or any other strategy that women athletes have been pushing for for decades, the bill cynically veils an attack on transgender people as a question of athletics policy.”

“We are fortunate that transgender, nonbinary, and intersex people are present in our community, and we fully embrace them as members of our community,” the signatories wrote. “As organizations that care deeply about ending sex-based discrimination and ensuring equal educational opportunities, we support laws and policies that protect transgender people from discrimination, including full and equal participation in sports, access to gender-affirming care, access to school facilities, and access to inclusive curriculum. We firmly believe that an attack on transgender youth is an attack on civil rights.”

Along with HRC, which is the nation’s largest LGBTQ+ rights organization, other advocacy groups that signed the Leadership Conference’s letter also issued separate statements Tuesday following passage of the bill.

Among them was GLAAD, whose President and CEO Sarah Kate Ellis said “Legislators who voted today in favor of banning transgender girls from participating in school sports should be ashamed of themselves.”

“Right now, gun violence is the number one cause of death to American children, yet extremist lawmakers ignore this reality to push bills that further endanger and isolate LGBTQ youth who just want to be themselves and play with their friends.

“Legislators have an obligation to stand up for all, not just some, of their constituents. Allowing students to participate in sports is about equal opportunity, the ability to make friends and belong, and stay active, healthy and happy. Young transgender people should not have to watch lawmakers debate their basic humanity.

“Legislators must meet with transgender youth, their families, teammates, and coaches who would be harmed by this dangerous legislation; propose ways to protect all youth; and stop pushing anti-LGBTQ discrimination in a phony attempt to protect women and girls. Protect all kids and let them play.”

GLBTQ Legal Advocates and Defenders (GLAD Law) Senior Director of Transgender and Queer Rights Jennifer Levi said, “It’s disgraceful to see the new Congress make one of its first priorities a sweeping bill that would deny transgender kids of any age the opportunity to play school sports and strip from them the many educational benefits sports provide.”

“Thoughtful policies can successfully balance fairness and inclusion in sports at multiple levels of competition, as local school districts and sports associations have done for many years,” she said. “We appreciate those in Congress who voted against this extreme bill and hope the Senate will recognize that blanket bans imposed by politicians don’t serve athletes, students, or sport.”

Despite the 53-vote GOP majority in the Senate, Republicans will need seven Democrats to support the sports ban for the bill to pass, which is unlikely. Still, President-elect Donald Trump promised to intervene with executive action, which would likely mean directing the U.S. Department of Education to investigate schools that allow trans women and girls to compete in sports for violations of federal law prohibiting sex-based discrimination.

He and the conservatives backing the Protection of Women and Girls in Sports Act believe athletes whose birth sex is female have actionable Title IX claims on the grounds that they are unfairly disadvantaged when competing against their transgender counterparts, even though the research on this question is mixed.

In a fundraising email, the LGBTQ Victory Fund denounced the effort by House Republicans to “rewrite Title IX, the federal civil rights law that prohibits sex discrimination in educational institutions,” adding that “The author of this hateful bill” U.S. Rep. Greg Steube (R-Fla.) “even went so far as to claim trans people and trans identities are made up, before launching into a transphobic rant!”

Speaking from the House floor on Tuesday, the GOP congressman said, “Our culture and civilization continue to be subject to the perverse lie that there are more than two genders or that men can be women and women can be men.”

Allison Scott, director of impact and innovation at the Campaign for Southern Equality, said: “The passage of HB28 by the U.S. House of Representatives is a cruel and unjust abuse of power that targets a very small number of young people who just want to play school sports with their friends.

“It’s appalling that one of the first priorities of this new Congress is to bully children with the weight of a federal law. I want to send a clear message to transgender young people and their families: No law can strip you of your inherent dignity and humanity, and we will never stop working alongside you and a huge community nationwide to ensure all people can live authentically and with joy.

“The Senate should do the right thing here, refuse to exclude and marginalize children, and reject this legislation.”

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Los Angeles

Broadway Cares/Equity Fights AIDS donates $500K to wildfire relief effort

Four local organizations received emergency grants

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(Facebook photo)

Broadway Cares/Equity Fights AIDS on Monday announced it has awarded $500,000 in emergency grants to organizations that are responding to the Los Angeles wildfires.

A press release notes the Entertainment Community Fund received $250,000, the California Fire Foundation Wildfire and Disaster Relief Fund received $100,000, the Los Angeles Regional Food Bank received $100,000, and Project Angel Food received $50,000.

“All of these organizations are providing much-needed, on-the-ground support for residents and first responders,” said Broadway Cares/Equity Fights AIDS.

“Our compassionate community knows the power of coming together in times of need,” added Broadway Cares Executive Director Danny Whitman. “Because of the generosity of the theater community — those onstage, backstage and in the audience — these emergency grants will immediately provide meals, shelter, medical care, clothing and emergency financial assistance, all first steps on the long road toward recovering, rebuilding, and healing.”

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Congress

House bans trans students from competing on girls’ and women’s sports teams

Texas Democrats Henry Cuellar and Vicente Gonzalez voted for bill

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House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

The U.S. House of Representatives on Tuesday voted 218-206 to pass a bill that would ban transgender students from competing in girls’ and women’s sports in elementary school through college.

Fiery exchanges erupted on the House floor, with conservatives in many cases using anti-trans language and Democrats, including several openly LGBTQ+ members, arguing that the bill is harmful to children, discriminatory, and unnecessary.

The decision by House Republican leadership to bring the Protection of Women and Girls in Sports Act to the floor on just the second week in which the 119th Congress is in session signals the majority’s appetite for legislation targeting trans rights and the extent to which the issue will remain a major focus and priority for conservative leadership in the Capitol and, beginning next week, in the White House.

All Republicans who were present voted in favor of the bill, while all Democrats voted no — with the exception of two members representing swing districts in Texas, U.S. Reps. Henry Cuellar and Vicente Gonzalez.

Cuellar opposed the Protection of Women and Girls in Sports Act when it was introduced in 2023, explaining in a statement that he changed his position “based on the concerns and feedback he received from constituents.”

Gonzalez did not vote on the measure in 2023, but this year issued a statement explaining his support for the bill: “I believe that there should be rules to keep our sports fair and that boys should not play in girls sports,” the congressman said, using talking points that are popular among Republicans who often refer to trans women and girls as men and boys, whether for purposes of insulting them or because they refuse to acknowledge or choose to deny the existence of gender diverse people.

“Members of Congress must have the freedom to vote in a manner representative of their district,” Gonzalez said in his statement. “As Democrats, we should not be afraid to vote our district’s values because we’re afraid of Washington.”

During the 2024 campaign, Gonzalez’s Republican opponent ran negative ads about his support for gender affirming health care for trans minors. The congressman told Spectrum News in 2023 that “I have never supported tax dollars paying for gender transition surgeries and never will.”

Despite the newly seated 53-vote GOP majority in the U.S. Senate, the bill could languish in the upper chamber as the 2023 iteration did under Democratic control.

Still, President-elect Donald Trump promised to effectuate a ban, which experts believe would likely involve directing the U.S. Department of Education to find any school in violation of federal Title IX rules, which prohibit sex-based discrimination, in cases where they allow trans women or girls to participate in competitive sports.

Trump and other conservatives argue that cisgender women and girls are biologically disadvantaged compared to trans women and girls, which yields unfair outcomes for athletes whose birth sex is female, though research on the question of physical performance is mixed.

Proponents of the Protection of Women and Girls in Sports Act, who believe trans women and girls to be unfairly advantaged by their biology, argue that excluding them from sports is necessary to ensure fair outcomes in high-stakes competitions at the elite level, such as college athletic scholarships.

At the other end of the spectrum, the legislation contains a carveout that would theoretically allow for trans women and girls to participate in sports in limited circumstances: “Nothing in this subsection shall be construed to prohibit a recipient from permitting males to train or practice with an athletic program or activity that is designated for women or girls so long as no female is deprived of a roster spot on a team or sport, opportunity to participate in a practice or competition, scholarship, admission to an educational institution, or any other benefit that accompanies participating in the athletic program or activity.”

As the measure was debated on Tuesday, opponents accused their GOP colleagues of exploiting a culture war issue to “divert attention from the fact they have no real solutions to help everyday Americans,” as U.S. Rep. Suzanne Bonamici (D-Ore.) put it.

Several Democrats — who argued that in the absence of an enforcement mechanism, adults might inspect students’ genitals to determine their gender, which could facilitate child sexual abuse — began calling the legislation “the GOP Child Predator Empowerment Act.” 

The House Education Committee chair, U.S. Rep. Tim Walberg (R-Mich.), responded that birth certificates should be used to settle questions about students’ gender.

Opponents of the bill like U.S. Rep. Becca Balint (D-Vt.), a lesbian and co-chair of the Congressional Equality Caucus, contended that boundary-violating scrutiny of girls’ bodies is the “logical conclusion” of the measure.

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