California Congressman Robert Garcia on Tuesday said the U.S. Embassy in El Salvador has agreed to ask the Salvadoran government about the well-being of a gay asylum seeker from Venezuela who remains incarcerated in the Central American country.

The Trump-Vance administration last month “forcibly removed” Andry Hernández Romero, a stylist who asked for asylum because of persecution he suffered because of his sexual orientation and political beliefs, and other Venezuelans from the U.S. and sent them to El Salvador.

The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.” President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.”

Garcia told the Los Angeles Blade that he and three other lawmakers — U.S. Reps. Maxwell Alejandro Frost (D-Fla.), Maxine Dexter (D-Ore.), and Yassamin Ansari (D-Ariz.) — met with U.S. Ambassador to El Salvador William Duncan and embassy staffers in San Salvador, the Salvadoran capital.

“His lawyers haven’t heard from him since he was abducted during his asylum process,” said Garcia.

The gay California Democrat noted the embassy agreed to ask the Salvadoran government to “see how he (Hernández) is doing and to make sure he’s alive.”

“That’s important,” said Garcia. “They’ve agreed to that … we’re hopeful that we get some word, and that will be very comforting to his family and of course to his legal team.”

Garcia, Frost, Dexter, and Ansari traveled to El Salvador days after House Oversight and Government Reform Committee Chair James Comer (R-Ky.) and House Homeland Security Committee Chair Mark Green (R-Tenn.) denied their request to use committee funds for their trip.

“We went anyways,” said Garcia. “We’re not going to be intimidated by that.”

Salvadoran President Nayib Bukele on April 14 met with Trump at the White House. U.S. Sen. Chris Van Hollen (D-Md.) three days later sat down with Kilmar Abrego Garcia, a Maryland man who the Trump-Vance administration wrongfully deported to El Salvador on March 15.

Abrego was sent to the country’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT. The Trump-Vance administration continues to defy a U.S. Supreme Court ruling that ordered it to “facilitate” Abrego’s return to the U.S.

Garcia, Frost, Dexter, and Ansari in a letter they sent a letter to Duncan and Secretary of State Marco Rubio on Monday demanded “access to” Hernández, who they note “may be imprisoned at” CECOT. A State Department spokesperson referred the Blade to the Salvadoran government in response to questions about “detainees” in the country.

Garcia said the majority of those in CECOT who the White House deported to El Salvador do not have criminal records.

“They can say what they want, but if they’re not presenting evidence, if a judge isn’t sending people, and these people have their due process, I just don’t understand how we have a country without due process,” he told the Blade. “It’s just the bedrock of our democracy.”

Garcia said he and Frost, Dexter, and Ansari spoke with embassy staff, Salvadoran journalists and human rights activists and “anyone else who would listen” about Hernández. The California Democrat noted he and his colleagues also highlighted Abrego’s case.

“He (Hernández) was accepted for his asylum claim,” said Garcia. “He (Hernández) signed up for the asylum process on an app that we created for this very purpose, and then you get snatched up and taken to a foreign prison. It is unacceptable and inhumane and cruel and so it’s important that we elevate his story and his case.”

The Blade asked Garcia why the Trump-Vance administration is deporting people to El Salvador without due process.

“I honestly believe that he (Trump) is a master of dehumanizing people, and he wants to continue his horrendous campaign to dehumanize migrants and scare the American public and lie to the American public,” said Garcia.

The State Department spokesperson in response to the Blade’s request for comment referenced spokesperson Tammy Bruce’s comments about Van Hollen’s trip to El Salvador.

“These Congressional representatives would be better off focused on their own districts,” said the spokesperson. “Instead, they are concerned about non-U.S. citizens.”

U.S. Rep. Robert Garcia (D-Calif.) is demanding answers from the Trump-Vance administration on its deportation of Andry Hernández Romero, a gay Venezuelan makeup artist who was sent to a prison in El Salvador in violation of a federal court order and in the absence of credible evidence supporting the government’s claims about his affiliation with a criminal gang.

Copies of letters the congressman issued on Thursday to Immigration and Customs Enforcement and CoreCivic, a private prison contractor, were shared exclusively with the Los Angeles Blade.

Garcia noted that Hernández, who sought asylum from persecution in Venezuela over his sexual orientation and political beliefs, had entered the U.S. legally, passed a preliminary screening, and had no criminal record.

Pro-bono lawyers representing Hernández during his detention in the U.S. pending an outcome in his asylum case were informed that their client had been removed to El Salvador a week after he failed to show for a hearing on March 13.

Hernández’s family now fears for his safety while he remains in El Salvador’s Terrorism Confinement Center (CECOT), which has a well documented record of human rights abuses, Garcia said.

Additionally, the congressman wrote, while experts say Tren de Aragua does not use tattoos as identifiers, the “primary evidence” supporting Hernández’s deportation based on his supposed links to the transnational Venezuelan gang “appears to have been two crown tattoos labeled ‘Mom’ and ‘Dad,’ which are common cultural symbols in his hometown.”

The determination about his links to or membership in the organization was made by a CoreCivic employee whose criminal record and misconduct as a law enforcement officer led to his termination from the Milwaukee Police Department, Garcia wrote in his letter to the company.

Requesting a response by May 1, the congressman asked CoreCivic President Damon T. Hininger to address the following questions:

• What qualifications and training does CoreCivic require for employees tasked with making determinations about detainees’ affiliations?
• What protocols are in place to ensure that determinations of gang affiliation are based on credible and corroborated evidence?
• How does CoreCivic oversee and review the decisions made by its employees in such critical matters?
• What mechanisms exist to prevent and address potential misconduct?
• What is the nature of CoreCivic’s collaboration with ICE in making determinations that affect deportation decisions? Are there joint review processes?
• What background checks and ongoing assessments are conducted for employees involved in detainee evaluations, particularly those with prior law enforcement experience?
• What guidelines does CoreCivic follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?

In his letter to Tae D. Johnson, acting director of ICE, Garcia requested answers to the following questions by May 1:

• Did ICE personnel independently review and approve the determination made by CoreCivic employee Charles Cross Jr. identifying Mr. Hernández Romero as a member of the Tren de Aragua gang?
• What evidence, beyond Mr. Hernández Romero’s tattoos, was used to substantiate the claim of gang affiliation?
• Under what legal authority are private contractors like CoreCivic permitted to make determinations that directly impact deportation decisions?
• What vetting processes and background checks are in place for contractors involved in such determinations? Are there oversight mechanisms to ensure their credibility and adherence to due process?
• What guidelines does ICE follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?

Together with U.S. Rep. Maxwell Frost (D-Fla.), Garcia wrote to U.S. Rep. James Comer (R-Ky.) on Tuesday requesting permission to bring a congressional delegation to CECOT for purposes of conducting a welfare check on detainees, expressing specific concern for Hernández’s wellbeing. The congressmen said they would “gladly include any Republican Members of the committee who wish to participate.” 

Hernández’s case has drawn fierce criticism of the Trump-Vance administration along with calls for his return to the U.S.

Influential podcaster and Trump ally Joe Rogan spoke out in late March, calling the deportation “horrific” and “a horrible mistake.”

Last week, California Gov. Gavin Newsom (D) sent a letter to Kristi Noem, secretary of the U.S. Homeland Security, which manages ICE, demanding Hernández’s immediate return and raising concerns with the right to due process amid the administration’s crackdown on illegal immigration.

Hernández “was denied the opportunity to defend himself against unsubstantiated allegations of gang involvement or to present his asylum claim,” the governor wrote. “We are not a nation that sends people to be tortured and victimized in a foreign prison for public relations victories.”

Immigrant Defenders Law Center President Lindsay Toczylowski, who is representing Hernández, has not been able to reach her client since his removal from the U.S., she told NBC News San Diego in a report published April 11.

“Under the Constitution, every single person has a right to due process, and that means they have a right to notification of any allegations the government is making against them and a right to go into court and prove that those allegations are wrong if that’s the case,” she said. “In Andry’s case, the government never gave us that opportunity. In fact, they didn’t even bring him to court, and they have forcefully sent him to El Salvador without ever giving us any notice or without telling us the way that we could appeal their decision.”

“CECOT, this prison where no one has ever left, where people are held incommunicado, is a very dangerous place for someone like Andry,” Toczylowski said.

In March, a DHS spokesperson posted on X that Hernández’s “own social media indicates he is a member of Tren de Aragua,” though they did not point to any specific posts and NBC reported that reviews of his known social media accounts turned up no evidence of gang activity.  

During a visit to CECOT in March, Time Magazine photographer Philip Holsinger photographed Romero and reported that the detainee plead his innocence — “I’m not a gang member. I’m gay. I’m a stylist.” — crying for his mother as he was slapped and his head was shaved.

A group of Republican lawmakers have demanded the International Olympic Committee ban transgender athletes from women’s athletic competitions.

The lawmakers — U.S. Sens. Jim Risch (R-Idaho), Mike Crapo (R-Idaho), Jim Banks (R-Ind.), Marsha Blackburn (R-Tenn.), Steve Daines (R-Mont.), Lindsey Graham (R-S.C.), Josh Hawley (R-Mo.), Jim Justice (R-W.Va.), James Lankford (R-Okla.), Tim Sheehy (R-Mont.), and Tommy Tuberville (R-Ala.) and U.S. Reps. Burgess Owens (R-Utah), Lauren Boebert (R-Colo.), Vern Buchanan (R-Fla.), Tim Burchett (R-Tenn.), Dan Crenshaw (R-Texas), Brad Finstad (R-Minn.), Craig Goldman (R-Texas), Mark Green (R-Tenn.), Ashley Hinson (R-Iowa), Mike Kennedy (R-Utah), Nick LaLota (R-N.Y.), Blake Moore (R-Utah), Riley Moore (R-W.Va.), Austin Pfluger (R-Texas), John Rose (R-Tenn.), and Claudia Tenney (R-N.Y.) — made the demand in a letter they sent to IOC President Thomas Bach on Tuesday.

“In the United States, we honor our female Olympians. These athletes, and so many others, have inspired generations of young women around the world to compete and excel. Their legacy underscores the vital importance of fairness in women’s sports at every level of competition,” reads the letter. “Future Olympians are counting on the IOC to protect the opportunities of women and girls to contribute to this proud tradition.”

“To do so, the IOC must base eligibility for women’s athletic competitions on biological sex,” it adds. “Allowing biological males to compete in women’s categories undermines competitive opportunities, safety, and respect for female athletes.”

The IOC in 2021 adopted its “Framework on Fairness, Inclusion and Nondiscrimination on the Basis of Gender Identity and Sex Variations” that includes the following provisions:

• 3.1 Eligibility criteria should be established and implemented fairly and in a manner that does not systematically exclude athletes from competition based upon their gender identity, physical appearance and/or sex variations.

• 3.2 Provided they meet eligibility criteria that are consistent with principle 4 (“Fairness”, athletes should be allowed to compete in the category that best aligns with their self-determined gender identity.

• 3.3 Criteria to determine disproportionate competitive advantage may, at times, require testing of an athlete’s performance and physical capacity. However, no athlete should be subject to targeted testing because of, or aimed at determining, their sex, gender identity and/or sex variations.

The 2028 Summer Olympics will take place in Los Angeles.

President Donald Trump on Feb. 5 issued an executive order that bans trans women and girls from female sports teams in the U.S. The Human Rights Campaign and other advocacy groups criticized Democratic California Gov. Gavin Newsom last week after he said it is “deeply unfair” to allow trans athletes to compete in women’s sports.

The Guardian on Feb. 25 reported the State Department has ordered consular officials “to deny visas to transgender athletes attempting to come to the U.S. for sports competitions, and to issue permanent visa bans against those who are deemed to misrepresent their birth sex on visa applications.” A travel advisory for trans and nonbinary people who are planning to visit the U.S. that the German government issued last week specifically notes the Trump-Vance administration has banned the State Department from issuing passports with “X” gender markers.

The letter notes Trump’s Feb. 5 executive order, and indicates the signatories “stand united with Secretary of State Marco Rubio and President Trump in calling on the IOC to amend its standards and safeguard the opportunities of female athletes on the Olympic stage.”

“We urge you to reaffirm the IOC’s commitment to upholding the integrity of women’s Olympic competitions and ensure that only biological women and girls are allowed to compete in female sports categories,” reads the letter. “The Olympic Games should be a model for integrity in sports, and the next IOC president must firmly defend the rights of dedicated female athletes.”

The Los Angeles Blade has reached out to the IOC for comment.

U.S. Rep. Robert Garcia (D-Calif.) is pushing back after President Donald Trump’s interim U.S. attorney for D.C., Ed Martin, disclosed his office’s inquiry into whether the congressman’s remarks about Elon Musk earlier this month constituted a threat against a public official.

“This is completely ridiculous, to essentially threaten me with possible prosecution [and] investigations through the U.S. Department of Justice because I used a metaphor to criticize Elon Musk,” Garcia told The Bulwark’s Tim Miller during an interview on Feb. 20.

At issue is a Feb. 12 appearance on CNN during which, as Martin said in a letter to the congressman’s office, “When asked how Democrats can stop Elon Musk, you spoke clearly: ‘What the American public wants is for us to bring actual weapons to this bar fight. This is an actual fight for democracy.’”

He continued, “This sounds to some like a threat to Mr. Musk—an appointed representative of President Donald Trump who you call a ‘dick’—and government staff who work for him. Their concerns have led to this inquiry.”

Garcia’s comments came just after he participated in the first House subcommittee hearing on Musk’s DOGE, the Department of Government Efficiency, which was established by an executive order issued on the first day Trump took office.

In a statement to the Los Angeles Blade, House Democratic Leader Hakeem Jeffries (N.Y.) said “Rep. Robert Garcia is a thoughtful, hardworking, and law-abiding legislator who serves his constituents and the nation with distinction. House Democrats will not be intimidated by far-right extremists who are determined to weaponize the criminal justice system against Congress.”

Garcia serves on the powerful House Oversight Committee as well as in the Congressional Equality Caucus, as one of its 11 LGBTQ+ co-chairs. In November, he was elected the Democratic Caucus Leadership Representative.

“I’ve talked to a lot of folks, members of the House and others, who have been very supportive.” he said on Feb. 20. “I said, ‘Look, we can’t allow this singling out of me. It’s not really about me, right? This is about silencing critics and critics in Congress.’”

Later in the interview, he added “we’re talking to the appropriate folks, and of course, talking to folks in the Democratic leadership” who understand the broader stakes in terms of “our job” as House Democrats to “be the loyal opposition.”

U.S. Rep. Gerald Connolly (Va.), the Oversight Committee’s top Democrat, also issued a statement condemning Martin’s letter:

“This is a shameful attempt to silence and stifle congressional oversight. Mr. Martin—an organizer, financier, and legal representative for the January 6th insurrection—is weaponizing the Justice Department to carry out the president’s retribution tour.

“This ‘Operation Whirlwind’ is a smokescreen meant to distract from the true intentions of the Trump administration: Silencing criticism and snuffing out any attempt to exercise oversight of their misdeeds and perversion of the law. I can assure you that Congressman Garcia and our fellow Oversight Democrats will not be deterred by these threats, and we will continue to fight to safeguard our democracy and protect the rights of the American people we serve.”

Martin on Feb. 19 announced “Operation Whirlwind,” a new initiative to prosecute threats against public officials at all levels of government, which some critics and legal experts believe is primarily intended as a means of silencing criticism.

In addition to Garcia, Martin has sent letters to the Senate’s Democratic Leader Chuck Schumer (N.Y.) on Jan. 21, Feb. 3, and Feb. 11, indicating plans to review remarks he made in 2020 to see if they constituted unlawful threats against two of Trump’s U.S. Supreme Court nominees, Brett Kavanaugh and Neil Gorsuch.

“I want to tell you, Gorsuch,” Schumer said, “I want to tell you, Kavanaugh—you have released the whirlwind and you will pay the price. You won’t know what hit you if you go forward with these awful decisions.” 

The top Senate Democrat was speaking during a rally about the conservative jurists’ potential revocation of decades-old constitutional protections for abortion, which they ultimately did in 2022 with their 5-4 decision in Dobbs v. Jackson Women’s Health Organization.

As detailed by aide to the senator in his response to Martin, “on March 5, 2020, the day after the comments referenced in your letter, Senator Schumer made the following remarks” from the Senate floor:

“Now, I should not have used the words I used yesterday. They didn’t come out the way I intended to. My point was that there would be political consequences—political consequences—for President Trump and Senate Republicans if the Supreme Court, with the newly confirmed Justices, stripped away a woman’s right to choose.

“Of course, I didn’t intend to suggest anything other than political and public opinion consequences for the Supreme Court, and it is a gross distortion to imply otherwise. I am from Brooklyn. We speak in strong language.

“I shouldn’t have used the words I did, but in no way was I making a threat. I never—never—would do such a thing. Leader McConnell knows that, and Republicans who are busy manufacturing outrage over these comments know that too.”

The aide concluded, “As Senator Schumer’s statement on the Senate floor confirmed, the comments were not a threat to physically harm any person. I hope that this clarifying information is helpful.”

Shortly after Trump’s appointment of Martin, the conservative lawyer and activist dismissed pending cases against rioters who sacked the Capitol building on Jan. 6, 2021, fired the prosecutors who were involved, and began investigations into those who brought obstruction charges that were ultimately invalidated by a U.S. Supreme Court decision in June.

Barbara McQuade, a former federal prosecutor who teaches law at the University of Michigan and serves as a legal analyst for NBC News and MSNBC, told the Washington Post she had “never seen anything like these letters from a U.S. attorney,” who would typically assign agents to lead such a probe while abiding the Justice Department’s policy of not confirming or denying the existence of any investigation.

“It seems like a fair inference that these letters are designed more to chill free speech than to seek clarification, as they purport to do,” McQuade added.

Garcia agreed, telling Miller that the effort “could have a chilling effect on other folks that actually want to come out and criticize and oppose” Trump, Musk, the administration, or their allies.

Looking ahead, Martin has “given me, by the way, till Tuesday to respond to this letter,” Garcia noted. When asked about what he planned to do, the congressman said “we’re having some conversations about that” but “what we’re not going to do is stay silent.”

“The lesson here is not to retreat,” he said. “The lesson here is to push harder and continue to let people know they are literally trying to limit free speech.”

Discussing his remarks about Musk during an appearance on CNN on Feb. 20, Garcia said “what’s really critical at this moment, I think, for all of us to understand, is that we should be allowed to speak freely, and we certainly should be allowed to use figures of speech, and anyone that watches that can see that as a figure of speech or a metaphor in the way we’re describing this fight.”

The congressman added, “And it is a fight. This is a fight for democracy.”

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.”

Instead of lowering costs, House Republicans are pushing an anti-trans sports bill that would threaten student athletes with intrusive exams and jeopardize the fairness and safety of female athletics. pic.twitter.com/zTqeprJYXj

— Mark Takano (@RepMarkTakano) January 14, 2025

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.”

The House GOP's trans sports ban would subject girls as young as four to invasive physical inspections of their private parts by adult strangers.

Yes, really.

Republicans should focus on lowering costs instead of a bill that puts ALL girls at risk. pic.twitter.com/O8uRj9OKpl

— Rep. Mark Pocan (@RepMarkPocan) January 14, 2025

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.”

Banning trans kids from sports solves *none* of the problems that Americans are facing.

Let's be real: Trans kids aren't the reason we can't afford groceries. Trans kids aren't the reason young people are giving up on ever owning a home.

Corporate greed is. pic.twitter.com/sKRzm1DGTk

— Rep. Becca Balint (@RepBeccaB) January 14, 2025

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

House Republicans brought up a bill designed to hurt trans youth and athletes and ban them from playing sports in schools. The real effect beyond that cruelty is it would allow gender checks on young girls and athletes. This was sick and shameful and I voted NO.

— Congressman Robert Garcia (@RepRobertGarcia) January 14, 2025

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.”

AOC: Republicans who have voted against consistently against the violence against women act, who have taken away the rights of all women to choose and have control over their own body, now wants to pretend today that they care about women. pic.twitter.com/7FRqELTrjV

— Acyn (@Acyn) January 14, 2025

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.”

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.

Far-right U.S. Rep. Marjorie Taylor Greene (R-Ga.) called U.S. Rep. Sarah McBride (D-Del.) a “groomer” and “child predator” in a post on X Monday, responding to a video shared by the anti-LGBTQ+ account Libs of TikTok in which McBride is seen reading to kids in a classroom.

According to the signage featured in the clip, McBride, who is the first transgender member of Congress, was participating in the Human Rights Campaign Foundation’s “Jazz and Friends National Day of School and Community Readings.”

The program is part of the organization’s Welcoming Schools initiative, which provides “trainings and resources for elementary school educators” to help “welcome diverse families, create LGBTQ and gender inclusive schools, prevent bias-based bullying, and support transgender and nonbinary students.”

Prior to her first election to the Delaware state legislature, McBride served as press secretary for HRC from 2016-2021.

Monday’s post was not the first time in which Greene has baselessly accused LGBTQ+ people and allies of child sexual abuse or grooming for their support of age-appropriate classroom instruction on matters of LGBTQ+ history, sexual orientation, and gender identity.

The Washington Blade has reached out to representatives from HRC, McBride’s office, and the Congressional Equality Caucus for comment on Greene’s post.

Gay U.S. Rep. Mark Takano (D-Calif.) will chair the LGBTQ Congressional Equality Caucus in the newly seated 119th Congress, he told Axios on Friday.

“Over the next several years, we will see a constant barrage of attacks on the rights and dignity of the queer community — especially against our transgender siblings,” Takano said. “I will lead our coalition of openly-LGBTQI+ members and our allies in the fight to both defend the queer community and push equality forward, including by reintroducing the Equality Act.”

The caucus was founded in 2008 by then-U.S. Reps. Barney Frank (D-Mass.) and Tammy Baldwin (D-Wis.), the latter going on to represent the Badger State in the U.S. Senate since 2013, when she became the first LGBTQ+ member to serve in the upper chamber.

Led in the last Congress by U.S. Rep. Mark Pocan (D-Wis.), the caucus’s chair and eight co-chairs are out and LGBTQ+. There are a couple dozen vice chairs and more than 160 other members, all Democrats.

In recent battles over must-pass appropriations bills, the caucus opposed House Republicans’ insistence on including anti-LGBTQ+ “poison pill” policy riders, meticulously chronicling their efforts to politicize government funding.

The caucus has also fought against and documented legislation proposed by House GOP members that takes aim at LGBTQ+ and especially transgender rights.

Takano’s tenure as chair will begin just as Republicans plan to push forward a bill that would prohibit trans women and girls from competing on women and girls’ sports teams, and just after House Speaker Mike Johnson (R-La.) enacted a new policy that would ban transgender people from bathrooms in the U.S. Capitol building.

“Our community will have a strong defender against Republicans’ incoming attacks with Representative Takano as our chair,” Pocan said.

First elected in 2013, the California congressman is the first gay Asian member to serve in either chamber. He is also the top Democrat on the House Veterans’ Affairs Committee.

Particularly since Republicans took the U.S. House of Representatives in 2023, legislative attacks against the LGBTQ+ community, at least at the federal level, have been blunted by U.S. Senate Democrats exercising their narrow majority in the upper chamber, along with President Joe Biden’s promise to veto any discriminatory bill that should reach his desk.

Next month, however, Republicans will take control of both chambers of Congress as President-elect Donald Trump returns to the White House, marking the first time since 2018 that the GOP has governed with a trifecta in Washington. 

“We expect the Trump administration and House and Senate Republicans to continue their anti-LGBTQ+ attacks on all aspects of life, especially against trans kids,” Josh Sorbe, a spokesperson for Senate Majority Whip and Senate Judiciary Committee Chair Dick Durbin (D-Ill.), told the Washington Blade.

Durbin is among the Democratic senators who spoke out this week against a policy rider added to the National Defense Authorization Act by Republican House Speaker Mike Johnson (La.), which would prohibit the military’s health provider Tricare from covering transgender medical treatments for the children of U.S. service members.

“In his first term, Donald Trump enabled LGBTQ+ workplace discrimination, banned trans service members, and vilified trans kids,” Sorbe said, while “The Biden-Harris administration and Democrats codified same-sex marriage, declared mpox a national emergency, and built up the LGBTQ+ movement.”

He added, “Democrats will continue to hold the line against misguided, anti-freedom legislation that we anticipate will be introduced.”

The Senate Judiciary Committee, one of the most powerful in Congress, exercises broad legislative jurisdiction and is responsible for oversight of the Executive Branch as well as the initial stages of confirming the president’s nominees for vacancies on the federal bench, including those picked to serve on the U.S. Supreme Court.

In the 117th Congress, control of the Senate was a 50-50 split, with Democratic Vice President Kamala Harris casting tie-breaking votes. Democrats won another Senate seat in the 2022 midterms and for the past two years Majority Leader Chuck Schumer (D-N.Y.) has led a 51-49 majority.

Despite the party’s narrow margin of control and starting with less than half the number of vacancies than were available for Trump to fill when he took office in 2017, Sorbe noted Senate Democrats are expected to confirm Biden’s 234th and 235th judicial nominees — surpassing, by one, the number of confirmations under the previous administration and also, by one, the record setting number of LGBTQ+ jurists appointed by President Obama over two terms. 

These “highly qualified, diverse candidates” will “help ensure the fair and impartial administration of the American justice system,” Sorbe said. Many will decide legal questions with broad implications for LGBTQ+ communities, including challenges brought against anti-LGBTQ+ legislation at the local, state, and federal level, or anti-LGBTQ+ policies enacted by the Trump-Vance administration. 

Sorbe highlighted some of the other work Durbin has done to “protect civil rights for all Americans” over the past four years in the majority, pointing to the Judiciary Committee’s 2021 hearing on the Equality Act, legislation that would codify LGBTQ+-inclusive nondiscrimination protections; a 2023 hearing that celebrated “the historic progress made in protecting the right of LGBTQ+ Americans”; the first hearing since 1984 about the Equal Rights Amendment that would “enshrine gender equality into the Constitution”; floor speeches in which the majority whip denounced “the harmful anti-LGBTQ+ legislation being introduced across the country”; and the senator’s co-sponsorship of the Respect for Marriage Act, which solidified the legal rights of interracial and same-sex married couples. 

About 15 protestors affiliated with the Gender Liberation Movement were arrested on Thursday for protesting the anti-trans bathroom policy that was introduced by U.S. Rep. Nancy Mace (R-S.C.) and enacted last month by U.S. House Speaker Mike Johnson (R-La.).

Whistleblower Chelsea Manning and social justice advocates Raquel Willis and Renee Bracey Sherman were among those who were arrested in the women’s bathroom and the hallway outside Johnson’s office in the Cannon House Office Building.

Demonstrators held banners reading “FLUSH BATHROOM BIGOTRY” and “CONGRESS: STOP PISSING ON OUR RIGHTS!” They chanted, “SPEAKER JOHNSON, NANCY MACE, OUR GENDERS ARE NO DEBATE!” and “WHEN TRANS FOLKS ARE UNDER ATTACK WHAT DO WE DO? ACT UP, FIGHT BACK!”

Protests began around 12:10 p.m. ET. Within 30 minutes, Capitol Police arrived on the scene, began making arrests, and cleared the area. A spokesperson told Axios the demonstration was an illegal violation of the D.C. code against crowding, obstructing or incommoding.

Mace and her flame-throwing House GOP allies have said the bathroom policy was meant to target Sarah McBride, the Delaware state senator who will become the first transgender member of Congress after she is seated in January.

LGBTQ groups, elected Democrats, and others have denounced the move as a bigoted effort to bully and intimidate a new colleague, with many asking how the policy’s proponents would enforce the measure.

Outside her office in the Longworth House Office Building, the Washington Blade requested comment from Mace about the protests and arrests.

“Yeah, I went to the Capitol Police station where they were being processed, so I’ll be posting what I said shortly,” the congresswoman said.

U.S. Rep. Nancy Mace (R-S.C.) (Washington Blade photo by Christopher Kane)

Using an anti-trans slur, Mace posted a video to her X account in which she says, “alright, so some tranny protestors showed up at the Capitol today to protest my bathroom bill, but they got arrested — poor things.”

“So I have a message for the protestors who got arrested,” the congresswoman continued, and then spoke into a megaphone as she read the Miranda warning. “If you cannot afford an attorney — I doubt many of you can — one will be provided to you at the government’s expense,” she said.

“Everyone deserves to use the restroom without fear of discrimination or violence. Trans folks are no different. We deserve dignity and respect and we will fight until we get it,” Gender Liberation Movement co-founder Raquel Willis said in a press release.

“In the 2024 election, trans folks were left to fend for ourselves after nearly $200 million of attack ads were disseminated across the United States,” she said. “Now, as Republican politicians, try to remove us from public life, Democratic leaders are silent as hell.”

Willis continued, “But we can’t transform bigotry and hate with inaction. We must confront it head on. Democrats must rise up, filibuster, and block this bill.”