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Senate panel omits bullying bills from education reform

Franken, Casey pledge to bring up measures on floor

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Sen. Bob Casey (D-Pa.) (Blade photo by Michael Key)

A Senate committee left out pro-LGBT anti-bullying measures from education reform as the sponsors of the legislation pledged to offer these bills as amendments on the floor.

The Senate Health, Education, Education & Pensions Committee late Thursday reported out a massive education bill known as Elementary & Secondary Education Act reauthorization by a bipartisan vote of 15-7.

But the Democratic-controllled panel didn’t vote on pro-LGBT bills that advocates were seeking to have included as part of the larger legislation — the Student Non-Discrimination Act, or SNDA, and the Safe Schools Improvement Act, or SSIA.

Sen. Al Franken (D-Minn.), the sponsor of SNDA, and Sen. Bob Casey (D-Pa.), the sponsor of SSIA, both offered their bills as amendments during the markup, but withdrew them before a vote could be held.

During the markup, Franken delivered a speech in which he said he feels “very, very strongly” about SNDA as he pledged to bring up the measure as an amendment on the floor.

Franken said recent stories about gay youths committing suicide after they had been bullied in school demonstrates the need for passing SNDA. One such youth, Justin Aaberg, a gay 15-year old who committed suicide last year, resided in Franken’s state of Minnesota.

“We are faced with a group of students that is facing pervasive discrimination,” Franken said. “They are being viciously harassed and bullied. They are staying home from school. They are dropping out of school. They are literally killing themselves, and our schools aren’t doing enough to stop it. And yet again, these students have nothing they can do about it. There is no law that prohibits discrimination on the basis of sexual orientation in schools.”

April Mellody, a Casey spokesperson, said Casey also introduced his bill as an amendment, but then “made the difficult decision” to withdraw the measure because it feared it would sink the education bill as a whole.

“Pennsylvania teachers, principals, and parents have been asking for a new law to replace No Child Left Behind since he arrived in the Senate and he felt he could not jeopardize the bipartisan committee vote to pass ESEA out of committee,” Mellody said.

Mellody added Casey “is committed to addressing the bullying epidemic” and intends to offer his bill as an amendment again when the full Senate considers the larger education legislation.

Justine Sessions, a Senate HELP committee spokesperson, said committee Chair Tom Harkin (D-Iowa) indicated he hopes the full Senate will take up the education reform bill during the next work period. The Senate is out of session next week for recess.

Joe Solmonese, president of the Human Rights Campaign, chided the committee for not including the pro-LGBT measures as part of the education bill before it went to the Senate floor.

“We are disappointed that the committee did not adopt anti-LGBT bullying amendments that enjoyed bipartisan, majority support,” Solmonese said. “This major reauthorization bill was the best opportunity the Senate will have in this Congress to address the problem of bullying faced by LGBT students. It is imperative that the committee revisit this issue and acknowledge the consequences bullying has on the youth in our community.”

Both Franken and Casey would have more difficulty having successful votes for their legislation on the floor than they would in committee.

Each of the 12 Democrats on the Senate HELP Committee co-sponsor SNDA, which would easily have given the measure the necessary votes for inclusion as part of education reform during the panel markup.

Only 11 members of the committee co-sponsor of SSIA, which is one vote short necessary for passage. Ten Democrats are co-sponsors in addition to Sen. Mark Kirk (R-Ill.), an original co-sponsors. However, the two of the Democrats who aren’t co-sponsors — Sen. Michael Bennet (D-Colo.) and Jeff Bingaman (D-N.M.) — would likely have voted for the measure should it have come up in committee, giving the amendment the necessary support for passage.

If Franken and Casey were to offer SNDA and SSIA on the Senate floor, they would likely need 60 votes to overcome a Senate filibuster.

The number of co-sponsors for the legislation aren’t anywhere near 60 and neither bill enjoys significant Republican support. SNDA has 34 co-sponsors — all Democrats. SSIA has 32 co-sponsors and Kirk is the only Republican supporter.

An LGBT advocate earlier this week speaking anonymously identified Harkin as the “obstacle” to including SNDA and SSIA as part of education reform during the markup and said he wanted a clean bill that could easily pass committee.

Harkin is a co-sponsor of both SNDA and SSIA. A Harkin spokesperson responded to the charge by saying the senator has “long supported efforts to ensure that all children feel safe and secure in our schools.”

Additionally, President Obama has yet to endorse either SSIA or SNDA. The White House has said it supports the goals of the legislation, but hasn’t offered explicit support for the bills.

Watch the video of Franken’s remarks before the committee on SNDA here:

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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