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.”

As her race against Republican challenger Eric Hovde tightens, with Cook Political Report projecting a toss-up in November, U.S. Sen. Tammy Baldwin (D-Wis.) is fielding attacks over her support for LGBTQ rights.

Two recent ads run by the Senate Leadership Fund, a superPAC that works to elect Republicans to the chamber, take aim at her support for gender affirming care and an LGBTQ center in Wisconsin. Baldwin was the first openly LGBTQ candidate elected to the Senate.

The first ad concerns her statement of support for Wisconsin Gov. Tony Evers’s veto of a Republican-led bill to ban medically necessary healthcare interventions for transgender youth in the state.

Treatments require parental consent for patients younger than 18, and genital surgeries are not performed on minors in Wisconsin.

The second ad concerns funding that Baldwin had earmarked for Briarpatch Youth Services, an organization that provides crucial services for at-risk and homeless young people, with some programming for LGBTQ youth.

Baldwin’s victory is seen as key for Democrats to retain control of the Senate, a tall order that would require them to defend a handful of vulnerable incumbents. U.S. Sen. Joe Manchin of West Virginia, an Independent who usually votes with the Democrats, is retiring after this term and his replacement is expected to be the state’s Republican Gov. Jim Justice.

A group of 164 members of Congress filed an amicus brief on Tuesday urging the U.S. Supreme Court to defend transgender Americans’ access to medically necessary healthcare as the justices prepare to hear oral arguments this fall in U.S. v. Skrmetti.

Lawmakers who issued the 27-page brief include House Democratic Leader Hakeem Jeffries (N.Y.) House Democratic Whip Katherine Clark (Mass.), House Democratic Caucus Chairman Pete Aguilar (Calif.), U.S. Sens. Ed Markey (D-Mass.) and Jeff Merkley (D-Ore.), and Congressional Equality Caucus Chair Mark Pocan (D-Wis.), along with the caucus’s eight co-chairs and 25 vice chairs. Ranking members of the powerful House Judiciary and House Ways and Means Committees, U.S. Reps. Jerry Nadler (D-N.Y.) and Frank Pallone, Jr., (D-N.J.), were also among the signatories.

The case, among the most closely watched this term, will determine whether Tennessee’s ban on gender-affirming care for minors, along with a similar law passed in Kentucky, violate the Equal Protection Clause of the 14th Amendment.

In their brief, the lawmakers urge the Supreme Court to treat with skepticism “legislation banning safe and effective therapies that comport with the standard of care” and to examine the role of “animosity towards transgender people” in states’ gender affirming care bans.

“Decisions about healthcare belong to patients, their doctors, and their families — not politicians,” Pocan said. “The law at issue in this case is motivated by an animus towards the trans community and is part of a cruel, coordinated attack on trans rights by anti-equality extremists. We strongly urge the Supreme Court to uphold the constitution’s promise of equal protection under the law and strike down Tennessee’s harmful ban.”

“For years, far-right Republicans have been leading constant, relentless, and escalating attacks on transgender Americans. Their age-old, discriminatory playbook now threatens access to lifesaving, gender-affirming care for more than 100,000 transgender and nonbinary children living in states with these bans if the Supreme Court uphold laws like Tennessee’s at the heart of Skrmetti fueled by ignorance and hate,” Markey said.

“Transgender people deserve the same access to healthcare as everyone else,” said Nadler. “There is no constitutionally sound justification to strip from families with transgender children, and their doctors, the decision to seek medical care and give it to politicians sitting in the state capitol. I trust parents, not politicians, to decide what is best for their transgender children.”

Pallone warned that if Tennessee’s ban, Senate Bill 1, is “allowed to stand, it will establish a dangerous precedent that will open the floodgates to further discrimination against transgender Americans.”

“Unending attacks from MAGA extremists across the nation are putting trans youth at risk with hateful laws to ban gender-affirming care,” said Merkley author of the Equality Act. “Let’s get politicians — who have no expertise in making decisions for patients — out of the exam room. The court must reject these divisive policies, and Congress must pass the Equality Act to fully realize a more equal and just union for all.”

Also filing an amicus brief on Tuesday was the Gender Research Advisory Council + Education (GRACE), a trans-led nonprofit that wrote, in a press release, “Skrmetti is critically important to the trans community because approximately 40 percent of trans youth live in the 25 states that have enacted such bans.”

The group argued laws like Tennessee’s SB 1 are cruel, discriminatory, and contradict “the position of every major medical association that such treatments are safe, effective and medically necessary for adolescents suffering from gender dysphoria.”

GRACE’s brief includes 28 families “who hope to share with the court that they are responsible, committed parents from a variety of backgrounds who have successfully navigated their adolescent’s transition.”

“These parents sought medical expertise for their children with diligence regarding the best care available and input from experienced physicians and mental health professionals and they have seen firsthand the profound benefits of providing medically appropriate care to their transgender children,” said GRACE board member and brief co-author Sean Madden.

“Left unchecked, this may start with the transgender community, but it certainly won’t end there,” added GRACE President Alaina Kupec. “Next it could be treatments for HIV or cancer.”

CHICAGO — U.S. Rep. Robert Garcia (D-Calif.) addressed LGBTQ-focused legislative priorities Democrats are likely to push for in a Harris-Walz administration during a Democratic National Convention and Harris for President press briefing on Tuesday.

Responding to a question from the Washington Blade, the congressman, who’s gay, referenced Vice President Kamala Harris’s record of fighting for rights and protections for the community throughout her career in public service. He said that by contrast, Donald Trump, the Republican nominee, is “attacking LGBTQ+ people every single day.”

“So I think you can see not just the Equality Act, which we support, but also ensuring we’re not banning books and that we’re not doing horrible things to attack the community,” Garcia said.

“Remember that the Biden-Harris administration has been the most pro-LGBTQ+ administration in history” and the vice president is “a big part of that,” he said. “I don’t think we’ve ever had any presidential candidate who understands the LGBTQ+ community or has advocated for that community as much as Vice President Harris.”

“LGBTQ equality, actually, she has said herself, is a top legislative priority; she’s spoken to it many times,” the congressman said, “but I also believe that her administration will be reflective of the diversity of this country, including within the LGBTQ+ community.”

“When she was D.A. in the Bay Area, she was one of the first people in the country to marry same-sex couples and started that whole revolution across the country,” Garcia added.

Trump, on the other hand, “has been incredibly homophobic and has been incredibly, I think, shameful in his attacks on the community,” Garcia said.

U.S. Reps. Josh Gottheimer (D-N.J.) and Angie Craig (D-Minn.) will introduce a bill this week addressing the “rising elder abuse of LGBTQI+ individuals,” according legislation the Washington Blade previewed.

The Elder Pride Protection Act of 2024 would establish a task force through the Justice Department, with staff selected by the attorney general from the Elder Justice Initiative and the Division of Civil Rights.

They would be tasked with studying “the increased incidence of elder abuse” targeting LGBTQ individuals, developing best practices for a national approach and for state and local authorities to address these crimes, creating and distributing educational materials to raise awareness, and coordinating “the response of local, state, and federal law enforcement agencies.”

The legislation establishes that the task force would be responsible for issuance of a progress report on its work to the U.S. House and U.S. Senate Judiciary Committees.

Importantly, elder abuse as defined under the bill ranges from the use of physical force to cause harm to forced or unwanted sexual interaction, emotional or psychological abuse, the failure to meet basic needs, and financial crimes.

“I’m incredibly excited to introduce my new legislation, the Elder Pride Protection Act, that I’m leading with Congresswoman Angie Craig of Minnesota,” Gottheimer said. “No one should ever be mistreated on the basis of their sexual orientation or gender identity, especially our vulnerable elderly populations.”

The congressman added, “This legislation is a critical step in coordinating our response to this runaway abuse at the federal level.”

“LGBTQ+ seniors paved the way for so many of the rights we have today, and they’re a vital part of our communities in Minnesota,” said Craig, who is the first lesbian mother elected to Congress and serves as a co-chair of the Congressional Equality Caucus.

“I’m working to pass the Elder Pride Protection Act to help empower LGBTQ+ seniors and combat any abuse they might face,” she said.

Garden State Equality, New Jersey’s largest LGBTQ rights group noted that “for too long, elder abuse of our older LGBTQ adults has gone un- or under- reported,” adding that, “The establishment of this task force will help bridge the gap experienced by our LGBTQ elders.”

“The work of this task force, particularly the creation of uniform procedures and communication between state and federal agencies, will be formative in combating the abuse and neglect of LGBTQ elders and is critical in creating true lived equality for all Americans,” Garden State Equality said.

“SAGE is proud to support the Elder Pride Protection Act of 2024,” said Aaron Tax, managing director of government affairs and policy advocacy for SAGE, a national advocacy and services organization for LGBTQ elders.

“LGBTQ+ elders deserve to age without fear of elder abuse,” Tax said. “We applaud Rep. Gottheimer for championing the establishment of this important task force, which we hope will improve the lives of LGBTQ+ older people.”

David Stacy, vice president for government affairs for the Human Rights Campaign, said, “By establishing the ELDER Task Force, this country has the chance to affirm its commitment to addressing and preventing the abuse that this community faces all too often.”

“Congress should pass this bill and send a message that they are dedicated to ensuring every elder can live free from fear and harm,” Stacy said.

Democratic U.S. Reps. Robert Garcia and Barbara Lee of California sent a letter on Thursday urging the U.S. Preventive Services Task Force to compel health insurers to provide free access to doxy PEP, a drug regimen for the prevention of sexually transmitted infections.

The USPSTF is an independent panel of experts in primary care and preventative medicine organized under the U.S. Department of Health and Human Services whose primary responsibility is to evaluate the evidence on the safety and efficacy of medical screenings, counseling, and preventative medications.

The lawmakers’ letter explains that in 2019, the USPSTF issued an “A-grade” recommendation for prescribing preexposure prophylaxis (PrEP) — a different preventative regimen targeting HIV infections — to “those at increased risk of HIV acquisition.”

As required under the Affordable Care Act, the rating meant health plans were required to offer the drug with no cost-sharing, which “has been enormously beneficial to hundreds of thousands of Americans —particularly members of the LGBTQIA+ community.”

The letter points to disproportionately high rates of bacterial STIs (“chlamydia, gonorrhea, and especially syphilis”) among LGBTQ populations as well as recommendations published last month by the Centers for Disease Control and Prevention instructing providers to counsel certain patients about PEP, with the agency writing that the drug intervention requires “a focused effort for equitable implementation.”

For these reasons, Garcia and Lee said, “we respectfully ask for your full and fair consideration of a USPSTF recommendation for doxy PEP to the populations outlined in the guidelines with an ‘A’ rating,” with those populations being “gay and bisexual men, other men who have sex with men, and transgender women, and who have a history of bacterial STIs in the past 12 months.”

“Surging STIs are disproportionately impacting LGBTQ+ individuals,” Garcia, a gay co-chair of the Congressional Equality Caucus, said in a press release from his congressional office. “We must ensure that these folks have access to doxy PEP, a critical medication that can save lives and prevent these kinds of infections.”

He added, “By making doxy PEP coverage free by insurers, we can prevent infections and stop the spread of disease for those most vulnerable.”

Lee, a vice chair of the caucus, has a decades-long record of pro-LGBTQ advocacy, particularly in the healthcare space and on issues of HIV/AIDS in the U.S. and around the world.

“Widespread use and education about doxy PEP could prevent thousands of bacterial STI cases every year,” she said in the press release. “However, in order to get this treatment to those who need it most, it’s imperative that doxy PEP is covered by insurance plans with no cost to patients.”

“By ensuring doxy PEP is available with grade A rating by the USPSTF, we’re taking a critical step toward promoting health equity and advancing our mission of using informed, evidence-based interventions to support those most in need,” said David Stacy, vice president of government Affairs for the Human Rights Campaign.

David C. Harvey, executive director of the National Coalition of STD Directors, said “providing healthcare providers with the guidance and encouragement they need to implement doxy PEP in accordance with the new CDC guidelines will be crucial in helping us use doxy PEP to address our out-of-control STI epidemic.”