National
Baldwin sees hope in 112th Congress
LGBT Equality Caucus meeting set for March 16
Rep. Tammy Baldwin (D-Wisc.) (Blade photo by Michael Key)
Rep. Tammy Baldwin (D-Wisc.) maintained this week that pro-LGBT legislation could see progress in the Democratic-controlled Senate during the 112th Congress as prospects of movement are unlikely in the Republican-controlled House.
In an interview with the Washington Blade, the only out lesbian in Congress said she sees room for progress on pro-LGBT bills in the Senate, where Democrats retained control following the mid-term elections.
“There’s still a prospect with a Democratically controlled Senate that bills could progress through committee and maybe even come to the floor, depending on the circumstances,” Baldwin said.
Baldwin said determining which pro-LGBT legislation would have a shot of passing the Senate is hard to say, but cited one bill that she previously sponsored that would extend health and pension benefits to partners of LGBT federal employees.
“I think the Domestic Partnerships Benefits [& Obligations Act] could be one that might advance,” Baldwin said. “Obviously, they still have their 60-vote rule for advancing certain measures to the floor. But could something come up as an amendment to a bill that’s very likely to pass? Well, that remains to be seen.”
While Baldwin said the Senate could lead the way for pro-LGBT legislation in the 112th Congress, she said lawmakers who would introduce the bills have yet to determine the schedule for doing so.
“We’re having some initial discussions about timing, but as the bills have different co-sponsors, I think that different folks have their own timeline,” she said.
Even for her own Domestic Partnership Benefits & Obligations Act, Baldwin said the timing for introduction of her bill remains uncertain as House and Senate sponsors work on hammering out identical legislation.
“We just want to make sure that we’re on the same page with the Senate sponsors and introduce the bill in the same [form],” Baldwin said.
Baldwin also commended President Obama for his recent declaration that the Defense of Marriage Act is unconstitutional and his decision to no longer defend the statute in court.
The Wisconsin lawmaker called the move a significant step toward DOMA’s “ultimate demise” and said it would bolster efforts to legislatively repeal the law. Rep. Jerrold Nadler (D-N.Y.) and Sen. Dianne Feinstein (D-Calif.) have announced they plan to introduce repeal legislation in the 112th Congress.
“In terms of the advancement of Congressman Nadler’s bill on repealing the Defense of Marriage Act, I expect that the president’s announcement and the administration’s decision will give it a boost and renewed attention,” Baldwin said. “Obviously, we should be working to repeal statutory measures that aren’t constitutional. I’m hoping that that will enable us to gather more co-sponsors than we’ve had in the past, and to draw attention to the topic of why it’s so necessary that we repeal this.”
Still, Baldwin expressed skepticism about the prospects of advancing DOMA repeal legislation to passage in the Republican-controlled House. Speaker John Boehner (R-Ohio) has convened a panel to direct House counsel to defend DOMA in court now that the Obama administration is no longer willing to defend it.
Despite Republican control of the House, Baldwin expressed continued optimism about the strength of the LGBT Equality Caucus, which she co-chairs along with the other three openly gay members of Congress, and said the group is only three lawmakers short of the membership it had in the 111th Congress before Democrats lost 63 seats in the chamber.
“That’s encouraging,” she said. “Even though we had these sweeping changes in House membership, we still have a very rock-solid core of people who are supporting equality.”
Baldwin said she expects the LGBT Equality Caucus to hold public events during the 112th Congress to highlight pro-LGBT legislation and discuss the members’ commitment to passing the bills.
One such meeting is already scheduled for March 16, when the caucus will host its first business meeting to honor its new chairs and vice chairs. Baldwin said the meeting will be open to the public.
Rep. Ileana Ros-Lehtinen (R-Fla.) — known as perhaps the most pro-LGBT House Republican — is the only GOP member of the LGBT Equality Caucus, but Baldwin said she’s courting other Republicans to sign on to the group now that they have control of the House.
“I’ve made it a personal goal during the next Congress to try to enroll a greater number of Republicans to our ranks,” Baldwin said. “We certainly know that there are some in the Republican caucus who do not wish it to remain the party of discrimination and hope that LGBT equality can become a bipartisan issue in the future.”
Among the GOP lawmakers that Baldwin said she may solicit to join the LGBT Equality Caucus is Rep. Judy Biggert (R-Ill.), who voted for an amendment to repeal “Don’t Ask, Don’t Tell” in May even before the Pentagon report was released.
Also on Baldwin’s list is Rep. Mary Bono Mack (R-Calif.), who has cast votes for hate crimes protection legislation, a version of the Employment Non-Discrimination Act and repeal of “Don’t Ask, Don’t Tell” as well as votes against a U.S. constitutional amendment banning same-sex marriage.
Although Baldwin said she believes the prospects for sending legislation to President Obama’s desk are slim, she said she expects all 33 bills identified as pro-LGBT legislation from the previous Congress to make an appearance again.
“I certainly anticipate that all of the pro-LGBT equality legislation that was introduced in the last Congress will be reintroduced in this Congress with a focus on those bills to educate our colleagues and to enlist larger numbers of supporters for that legislation even if we anticipate that the Republican leadership will not allow those bills to advance,” Baldwin said.
Baldwin also said omnibus legislation that would encompass all the pro-LGBT measures from the previous Congress into one bill could be a way to highlight their importance. Rep. David Cicilline (D-R.I.), the newest openly gay member of Congress, has said he wants to explore the possibility of introducing such legislation.
“I think that pointing out that discrimination still exists in many different arenas is a powerful and important point to keep on raising, and you can do so with legislation, you can do so with other means,” Baldwin said.
Still, Baldwin said she expects members of Congress who introduced the individual pro-LGBT bills to want to introduce them again and said omnibus legislation would work to complement those efforts.
“Any such omnibus bill would be in addition to a complement to the wonderful legislation that so many pro-equality colleagues have introduced,” Baldwin said.
Of all the pro-LGBT legislation that would be introduced in the 112th Congress, Baldwin expressed the greatest optimism about legislation that would eliminate the federal tax on employer-provided health benefits for same-sex partners. In the previous Congress, the legislation was known as the Tax Equity for Health Plan Beneficiaries Act.
Baldwin said work that gay GOP groups are doing to promote the legislation may give the bill “a slim chance.”
“I have been pleased to see both GOProud and Log Cabin Republicans make these tax equity issues a high priority,” Baldwin said. “Obviously, those organizations have some influence that we only hope increases over time. But, I think, probably if there were one legislative issue that there were rosier prospects for, that might be it.”
One possible vehicle for a measure that may see movement in the 112th Congress is reauthorization of the Elementary & Secondary Education Act. Gay rights supporters have been hoping this measure could pass with anti-bullying safeguards for LGBT students even with Republican control of the House.
Standalone legislation that would have addressed this issue was known as the Student Non-Discrimination Act and the Safe Schools Improvement Act in the 111th Congress.
Still, Baldwin expressed reservations about whether Republicans would agree to such a provision and said she has been discouraged by talk against anti-bullying efforts among her GOP colleagues.
“I have heard rhetoric from some of my Republican colleagues on the issue of anti-gay bullying that has disappointed me profoundly,” Baldwin said. “I would expect that if the Senate could include some language on anti-bullying measures, there would be some prospect to reach out to more reasonable-minded Republicans, but I certainly anticipate that there would be opposition.”
Additionally, talk in the Senate about restarting efforts to pass comprehensive immigration reform have given LGBT advocates hope that such legislation might include a provision to allow gay Americans to sponsor to sponsor their foreign same-sex partners for residency.
In the previous Congress, standalone legislation that would achieve such a goal was known as the Uniting American Families Act.
But Baldwin said she hasn’t yet gotten “a good read” on the prospects of passing comprehensive immigration reform at this stage in the 112th Congress — with or without the UAFA language.
“I know when the president mentioned it in his State of the Union address, I certainly saw some of my Republican colleagues either leap to their feet or express optimism about another attempt at passing comprehensive immigration reform,” Baldwin said. “But I would say that as we started our session, things have been quite divisive and whether this is the two-year term in which we can get it done or not is a big question mark to me.”
While generally pessimistic about the chances of passing pro-LGBT legislation this Congress, Baldwin also dismissed chances that anti-gay bills could make it into law.
The lawmaker said the Democratic-controlled Senate should be able to block the passage of anti-gay bills that pass the House — such as measures to repeal same-sex marriage in D.C. or thwart “Don’t Ask, Don’t Tell” repeal — from making it to the president’s desk.
“We do know that at the federal level, we still have divided government,” Baldwin said. “While it would be a sad day for the representatives of the People’s House to pass any of these specific measures, we do know that their likelihood of being considered or embraced by the U.S. Senate is slim, and we also know that the president can exercise his veto if anything were to get to his desk.”
California
Calif. governor signs 6 pro-LGBTQ bills, vetoes 1
Gavin Newsom rejected measure he claimed is legislative overreach
Last week, California Gov. Gavin Newsom signed and vetoed a slew of bills into state law. Among them were seven pertaining to California’s LGBTQ community. Newsom signed six while vetoing one. His actions drew applause and scorn from advocacy groups in the state.
The six signed bills:
Assembly Bill 1775 allows transgender veterans, who were banned from service last year by the Trump-Vance administration, to access housing assistance, use California’s discharge upgrade assistance program, and get support for gaining employment.
Assembly Bill 1930 strengthens privacy protections for healthcare patients and providers by creating clear guidelines for California agencies, individuals, and corporations to respond to out-of-state subpoena requests relating to abortion or gender-affirming care. This includes a requirement to contact the California Attorney General at least seven days prior to responding to the subpoena or providing legal documents. This should add additional protection to those residing in California from investigations in states where abortion or gender-affirming care has more restrictions.
Senate Bill 934 targets conversion therapy in California and increases the amount of time a patient has to bring a medical malpractice lawsuit against a provider for attempting to change the patient’s sexual orientation or gender identity. The bill takes aim at the widely debunked practice that treats queerness as a mental disorder that could be cured through psychotherapeutic methods. Conversion therapy has been illegal in California since 2012; however, a recent Supreme Court decision threw the ban into question, prompting lawmakers to write this new bill that legally defines it as medical malpractice.
Senate Bill 1023 expands access to PrEP, a medication that protects people from contracting HIV. The bill requires insurers to cover the drug through the medical benefit and the pharmacy benefit pathways, allowing for more providers to give patients PrEP.
Senate Bill 1114 strengthens privacy protections for voluntary self-identification data about sexual orientation and gender identity. The bill limits when California government agencies can share this data and bars it from being disclosed outside of the state government, with few exceptions.
Senate Bill 1328 expands support for LGBTQ students and staff in California colleges. The bill requires any institution of higher education to designate an employee at any campus, satellite campus, branch campus, or outreach center to support the needs of LGBTQ individuals.
Equality California, the largest statewide LGBTQ civil rights group in the country, commended the governor for his support of legislation that protects and supports the queer community amid escalating threats, attacks, and rollbacks from the federal government.
Executive Director Tony Hoang said in a written statement, “California is once again demonstrating that when LGBTQ+ people are targeted, our state will respond with action,” adding, “We are grateful to Gov. Newsom for signing these measures.”
The vetoed bill:
Assembly Bill 2164 would have banned California from extraditing anyone residing in California for providing abortions or gender-affirming care in another state. Newsom vetoed this bill despite agreeing with its principles, claiming in a written statement that “extradition is an exclusively executive function” and that he did not want to limit the “executive authority of an incoming governor.”
This bill was created in response to Louisiana’s attempt to extradite a California physician for allegedly sending abortion pills in the mail to a Louisiana woman. Newsom responded forcefully to the extradition request, publicly denying it and stating, “We will not allow extremist politicians from other states to reach into California and try to punish doctors based on allegations that they provided reproductive health care services.”
In a written statement responding to the veto, Lizzy Hinkley, the legal director of the bill’s lead sponsor, Abortion Coalition for Telemedicine, criticized Newsom, stating, “[the] outgoing governor’s principled stance is cold comfort to Californians living and working in the real world post-Dobbs. A high-brow, academic justification for refusing to codify legal protections only reveals an ignorance for the lived reality of patients and providers — and does nothing to help them.”
National
HRC report: LGBTQ students face ‘far greater challenges’ in non-supportive states
Survey finds anti-LGBTQ school harassment, bullying highest in 17 states
The Human Rights Campaign Foundation, the educational arm of the national LGBTQ advocacy organization Human Rights Campaign, has released a report showing LGBTQ public school students are more likely to face bullying, harassment, and “other barriers” in states that have less overall supportive LGBTQ laws and policies.
The report is based on the HRC Foundation’s National Educator Survey of School Climate and Bullying, which was released on Sept. 17.
“The report finds that harassment, bullying, and other barriers to LGBTQ+ inclusion are more prevalent in states with limiting policies, where educators report widespread restrictions on LGBTQ+ resources, visible expressions of support, and assistance for transgender students,” a statement released by HRC says.
“As just one example,” the statement adds, “while 59 percent of educators in states with limiting policies report restrictions on supporting their transgender students, just 6 percent to 8 percent of educators in states with supportive policies report the same, underscoring the impact of these policies on school climate, student well-being, and the stakes of the upcoming midterm elections for LGBTQ+ youth and inclusive classrooms.”
The report says the survey consisted of responses by 826 educators in 42 states who worked as teachers, principals, counselors, administrators, and others who worked in support services. All worked at schools with students from pre-kindergarten to 12th grade, most being public schools and a smaller number being charter schools, the report says.
It says the survey was conducted between April 15 and May 21, 2026, and included a survey questionnaire with about 55 questions covering a wide range of LGBTQ related school issues.
According to the report, its classification of LGBTQ supportive and non-LGBTQ supportive states is based on a detailed analysis of the LGBTQ related laws and policies of all 50 states, D.C., and U.S. territories conducted by the Movement Advancement Project, or MAP, which describes itself as an “independent, nonprofit thinktank.”
The report includes a chart consisting of 51 boxes representing the 50 states and D.C., with 32 plus D.C. colored as blue and said to have overall LGBTQ supportive policies. The 17 boxes colored in red are said to have overall non-LGBTQ supportive policies and laws, Each of the boxes has the initial of a state or D.C. printed inside it.
In addition to D.C., the chart shows Maryland, Virginia, New York, California, and Massachusetts as among the supportive states. Florida, Texas, West Virginia, and Ohio are among the states shown to be non-LGBTQ supportive.
The HRC statement includes these “key” findings from the survey:
- In states with restrictive LGBTQ+ inclusion policies, 59 percent of educators report restrictions on supporting transgender students, compared to just 6-8 percent of educators in states with supportive LGBTQ+ inclusion policies.
- In states with restrictive policies, nearly 50 percent of educators reported restrictions on LGBTQ+ books or resources, compared to just 7 percent of educators in states with supportive policies.
- Roughly 32 percent of educators in states with restrictive policies reported anti-LGBTQ+ harassment was a moderate or serious problem, compared with 11 percent of educators in states with supportive LGBTQ+ inclusion policies.
- In states with restrictive LGBTQ+ inclusion policies, 29 percent of educators were very worried about anti-LGBTQ+ harassment, compared to 15 percent in states with supportive LGBTQ+ inclusion policies.
- In states with restrictive LGBTQ+ inclusion policies, 36 percent of educators witnessed anti-LGBTQ+ student bullying, compared to 27 percent in states with supportive LGBTQ+ inclusion policies.
- In states with supportive LGBTQ+ inclusion policies, 75 percent of educators reported no restrictions on LGBTQ+-supportive displays, highlighting a substantially more supportive school environment than in states with restrictive policies.
- Educators in states with restrictive LGBTQ+ inclusion policies also reported significant harassment of students based on appearance (57 percent), race or ethnicity (43 percent), sexual orientation (42 percent), and gender identity or expression (39 percent). (No direct comparison figure from supportive-policy states is provided in the data above.)
“Every young person deserves to feel safe and supportive at school, but this report makes clear that for too many LGBTQ+ students, especially transgender youth, are being failed by policies designed to exclude them,” said HRC President Kelley Robinson in the HRC statement.
“We know that when students feel seen, supported, and affirmed, they are more likely to thrive, but when schools become places of exclusion or hostility, young people pay the price through lower engagement, missed opportunities to learn, and poorer mental and physical health,” Robinson said.
The HRC statement notes that the survey findings come at a time when a growing number of states have passed laws targeting LGBTQ students and the school officials and teachers who support them. It says that for the first time, the survey found that “educators themselves are also experiencing anti-LGBTQ+ harassment, highlighting the growing impact of these policies on school staff as well as students.”
The full survey findings and report can be accessed here:
U.S. Supreme Court
Trump asks Supreme Court to allow restrictions on gender-affirming care in prisons
SCOTUS could further restrict rights of trans inmates
The Trump administration has asked the Supreme Court to allow its policy limiting gender-affirming treatment for federal inmates to take effect while a legal challenge plays out in court.
U.S. District Judge Royce Lamberth ordered the government to continue providing gender-affirming care, such as hormone therapy, which had become policy nearly a decade ago for inmates who were transitioning.
The Trump administration argues in its application that its policy restricting transgender rights was properly adopted and that the judge overstepped, posing nationwide “security and prison-administrative concerns.”
If allowed, the policy would halt surgeries, hormones and social accommodations such as wigs while allowing mental health therapy to continue as the legality of the policy reversal is litigated.
The government also argues in the application that the Bureau of Prisons had “determined that sex-trait-modification surgeries, hormone interventions in general, and social accommodations could no longer be justified as treatment for gender dysphoria.”
American Civil Liberties Union attorneys for the inmates said the policy is “a direct threat to the well-being of transgender people in federal custody and an open violation of their fundamental rights,” and said withholding necessary gender-affirming healthcare constitutes cruel and unusual punishment.
The Blade has covered the ongoing developments surrounding changes to Federal Bureau of Prisons transgender inmate policy that went into effect earlier in Trump’s term. The changes primarily focus on rolling back Biden-era protections for trans inmates.
Earlier this year, the Blade published a joint letter from multiple senators in response to the rollback of the policy. Multiple senators — including Edward Markey (D-Mass.), Jeffrey A. Merkley (D-Ore.) and Mazie K. Hirono (D-Hawaii) — sent a letter to Attorney General Todd Blanche and Federal Bureau of Prisons Director William Marshall III calling for them to reverse the policy change, saying it endangers inmates’ health and safety.
The senators described how the policy shift, along with President Trump’s Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” is forcing policy changes they argued are rooted more in political rhetoric than in medical research or evidence-based correctional practices.
Federal Bureau of Prisons responded to the Blade’s request for comment in May, declining to reconsider its transgender inmate policy.
The Blade reached out to the Federal Bureau of Prisons once again over the application to the Supreme Court, but did not hear back before publication.
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