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Fears over women’s safety made wedge issue in Equality Act hearing

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From left, Ranking Member Chuck Grassley (R-Iowa) and Chair Dick Durbin (D-Ill.) at the United States Senate Committee on the Judiciary hearing for the Equality Act on Wednesday. (Washington Blade photo by Michael Key)

A Senate hearing on the Equality Act, which would expand the prohibition on discrimination under federal law, put on full display Wednesday the use of fear mongering about women’s safety and the integrity of women’s sports as a tool to thwart attempted progress on LGBTQ rights, although more traditional objections based on religious liberty also played a role.

Sen. John Kennedy (R-La.) pulled no punches during the Senate Judiciary Committee hearing — the first-ever hearing for the Equality Act in the U.S. Senate — in heightening fears about threats to women in sex-segregated spaces. 

When Abigail Shrier, a journalist who has built a career campaigning against gender transitioning for youth, was presenting testimony as an expert witness, Kennedy went straight to the locker rooms.

“Would this bill prohibit the boy with gender dysphoria from exposing his penis to the girls?” Kennedy asked.

The questioning put Shrier, who was testifying against the Equality Act, in a bind. The Equality Act does prohibit discrimination on the basis of gender identity in locker rooms, but says nothing about that particular issue and laws against lewd conduct are in place. “I’m sorry would it prohibit that?”

When Kennedy repeated the questions, Shrier replied, “I don’t believe the bill addresses genitalia.” Kennedy went to ask her if it prohibits them from dressing together. “No,” Shrier replied. “Would this bill prohibit them from showering together?” “No.” Kennedy then asked about boys being able to access girls’ sports.

“He wouldn’t have to have gender dysphoria,” Shrier said. “Anyone who says they’re a girl at any time under this bill, they don’t have to be transgender-identified, they don’t have to have gender dysphoria.”

Kennedy said he had intended to get to that point and asked her if the Equality Act would require schools to allow boys with gender dysphoria to compete in girls’ sports. Shrier replied, “Yes, anyone who identifies as a woman.”

Sen. Charles Grassley (R-Iowa), top Republican on the committee, brought up a specific incident in Connecticut where transgender girls were allowed to compete in a girls track event. Grassley named one of the girls who filed a complaint over the situation, Chelsea Mitchell, as he displayed images of three girls involved behind him.

“Many women and girls before her fought for legal protections under Title IX, which recognizes that sex specific distinctions are appropriate in some instances,” Grassley said. “As a father, grandfather and husband, I have celebrated the athletic successes of talented young women in my own family, so I am deeply concerned about this act’s potential negative implications for all girls and women in sports.”

The Equality Act says nothing about sports, but would prohibit discrimination against transgender people in education and federally funded programs. It should be noted the ruling last year from the U.S. Supreme Court in Bostock v. Clayton County, which found anti-LGBTQ discrimination is an illegal form of sex discrimination, has broad applications, including for Title IX of the Education Amendment of 1972, which bars discrimination on the basis of sex in sports. As a result, refusing to allow transgender kids in sports would likely already be illegal.

Fears of the impact of LGBTQ rights advances on religious practices also came up during the hearing. Sen. Mike Lee (R-Utah), for example, raised a question about whether churches that conduct services with members of the congregation divided by sex would be liable as a public accommodation under the Equality Act.

Mary Rice Hasson, a fellow in Catholic Studies at the Ethics & Public Policy Center, served as a Republican witness and maintained churches could be held liable under the Equality Act “by expanding public accommodations to mean wherever Americans gather, even virtually.”

“Compromise your religious beliefs or risk endless litigation,” Hasson said. “Recipients of federal funds are also targeted, even for the simple act of maintaining sex segregated bathrooms.”

HRC President Alphonso David, responding to an earlier question from Sen. Richard Durbin (D-Ill.), contested the idea that churches would be liable, which would be consistent with the religious exemption the Equality Act would retain under the Civil Rights Act of 1964.

“The Equality Act does not affect how religious institutions function,” David said. “That is very different than institutions that actually provide public accommodations, institutions that are open to the public and are providing goods and services to the public.”

A major issue of contention was a provision of the Equality Act that would preclude the use of the 1993 Religious Freedom Restoration Act, a law intended to protect religious minorities, as a potential legal defense in cases of discrimination. Scolding Republican critics who indicated the Equality Act would gut RFRA, Sen. Richard Blumenthal (D-Conn.) said the bill does nothing of the sort, but Sen. Josh Hawley (R-Mo.) shot back there was “an explicit carve out in the Equality Act for RFRA.”

“I’m aware of no other law that seeks to shred RFRA in this way, and the effect of it basically is that churches, religious ministries, Christian colleges and universities, they’ll be unable to pursue their missions, particularly if they involve service to the poor, service to the needy,” Hawley said.

During a hearing in which Democratic members of the committee largely focused on their witnesses and Republicans stuck with theirs, Kennedy was an exception and asked David if there are more than two sexes. David initially deferred to medical experts and noted sex and gender can be different concepts, but then concluded “it’s not limited to two,” citing for example people who are intersex.

Shrier made an attempt during the hearing to qualify her opposition to the Equality Act, saying her opposition is based on potential consequences of the bill on women’s safety.

“If S. 393 merely proposed to extend employment, and public housing rights to gay and transgender Americans, I would be supporting this bill, instead of testifying against it,” Shrier said. “I am here today because the bill does much more, and no one who wrote it appears to have thoughtfully considered what it would mean for women and girls.”

Tillis open to ‘compromise’ on LGBTQ rights

Despite the issues raised by Republicans, one key moment came when Sen. Thom Tillis (R-N.C.), whose vote would be key to reaching the 60-vote threshold to end a Senate filibuster on the Equality Act, appeared to make a good faith effort to reach across the aisle.

“On the one hand, we have the fact that even in 2021, our LGBTQ friends, family, neighbors, still face discrimination from employment to healthcare to housing to homelessness among LGBTQ youth is a very real problem with discrimination,” Tillis said. “I think it’s wrong, in any aspect. But on the other hand, we have millions of Americans who are people of faith who have serious and legitimate issues of conscience.”

Although Tillis said the Equality Act “falls short of the goal” he seeks in addressing both sides, he added he’s “open to finding a compromise.” The last committee member to ask questions during the hearing, Tillis also lamented members of the committee “were talking past one another” about their concerns without coming closer to an ultimate conclusion.

Two issues that appeared to concern Tillis were the provision in the Equality Act against use of RFRA in cases of discrimination and whether the Equality Act’s ban on LGBTQ discrimination in federally funded programs would require prisons to house transgender women consistent with their gender identity. Tillis posed a question on whether a male serial rapist could say he identified as a woman and be allowed in women’s prisons; Shrier said that “absolutely” would be the case.

Meanwhile, proponents of the Equality Act continued to make their case for the bill based on its general objectives, to ban anti-LGBTQ discrimination in all aspects of public life.

Durbin, kicking off the committee hearing, displayed a video highlighting milestones in the LGBTQ movement, including the election of Harvey Milk and the swearing-in of Pete Buttigieg, as well as media coverage on passage in the U.S. House of the Equality Act.

“Unfortunately, some opponents have chosen to make exaggerated claims about what the Equality Act would do,” Durbin said. “Let me be clear, those of us working to pass this legislation are open to good faith constructive suggestions on further improvement and strengthening the bill. In fact, that’s why we’re having this hearing, but many of the texts on this bill are nothing more than the latest in a long, long, long line of fear mongering targeting the LGBTQ community.”

Stella Keating, a 16-year-old student from Tacoma, Wash., made the case for the Equality Act as a witness in the simplest way possible: Introducing herself as a transgender person.

“Hi, I’m Stella, and I’m transgender,” Keating said, “I’m here before you today, representing the hundreds of thousands of kids, just like me who are supported and loved by their family, friends, and communities across the country.”

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District of Columbia

D.C. pays $500,000 to settle lawsuit brought by gay Corrections Dept. employee

Alleged years of verbal harassment, slurs, intimidation

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Deon Jones (Photo courtesy of the ACLU)

The D.C. government on Feb. 5 agreed to pay $500,000 to a gay D.C. Department of Corrections officer as a settlement to a lawsuit the officer filed in 2021 alleging he was subjected  to years of discrimination at his job because of his sexual orientation, according to a statement released by the American Civil Liberties Union of D.C.

The statement says the lawsuit, filed on behalf of Sgt. Deon Jones by the ACLU of D.C. and the law firm WilmerHale, alleged that the Department of Corrections, including supervisors and co-workers, “subjected Sgt. Jones to discrimination, retaliation, and a hostile work environment because of his identity as a gay man, in violation of the D.C. Human Rights Act.”

Daniel Gleick, a spokesperson for D.C. Mayor Muriel Bowser, said the mayor’s office would have no comment on the lawsuit settlement. The Washington Blade couldn’t immediately reach a spokesperson for the Office of the D.C. Attorney General, which represents the city against lawsuits.

Bowser and her high-level D.C. government appointees, including Japer Bowles, director of the Mayor’s Office of LGBTQ Affairs, have spoken out against LGBTQ-related discrimination.   

“Jones, now a 28-year veteran of the Department and nearing retirement, faced years of verbal abuse and harassment from coworkers and incarcerated people alike, including anti-gay slurs, threats, and degrading treatment,”  the ACLU’s statement says.

“The prolonged mistreatment took a severe toll on Jones’s mental health, and he experienced depression, Post-Traumatic Stress Disorder, and 15 anxiety attacks in 2021 alone,” it says.

“For years, I showed up to do my job with professionalism and pride, only to be targeted because of who I am,” Jones says in the ACLU  statement. “This settlement affirms that my pain mattered – and that creating hostile workplaces has real consequences,” he said.  

He added, “For anyone who is LGBTQ or living with a disability and facing workplace discrimination or retaliation, know this: you are not powerless. You have rights. And when you stand up, you can achieve justice.”

The settlement agreement, a link to which the ACLU provided in its statement announcing the settlement, states that plaintiff Jones agrees, among other things, that “neither the Parties’ agreement, nor the District’s offer to settle the case, shall in any way be construed as an admission by the District that it or any of its current or former employees, acted wrongfully with respect to Plaintiff or any other person, or that Plaintiff has any rights.”

Scott Michelman, the D.C. ACLU’s legal director said that type of disclaimer is typical for parties that agree to settle a lawsuit like this.

“But actions speak louder than words,” he told the Blade. “The fact that they are paying our client a half million dollars for the pervasive and really brutal harassment that he suffered on the basis of his identity for years is much more telling than their disclaimer itself,” he said.

The settlement agreement also says Jones would be required, as a condition for accepting the agreement, to resign permanently from his job at the Department of Corrections. Michelman said Jones has been on leave from work for a period of time, but he did not know how long.  Jones couldn’t immediately be reached for comment.

“This is really something that makes sense on both sides,” Michelman said of the resignation requirements. “The environment had become so toxic the way he had been treated on multiple levels made it difficult to see how he could return to work there.”

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Virginia

Spanberger signs bill that paves way for marriage amendment repeal referendum

Proposal passed in two successive General Assembly sessions

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(Bigstock photo)

Virginians this year will vote on whether to repeal a state constitutional amendment that defines marriage as between a man and a woman.

Democratic Gov. Abigail Spanberger on Friday signed state Del. Laura Jane Cohen (D-Fairfax County)’s House Bill 612, which finalized the referendum’s language.

The ballot question that voters will consider on Election Day is below:

Question: Should the Constitution of Virginia be amended to: (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?

Voters in 2006 approved the Marshall-Newman Amendment.

Same-sex couples have been able to legally marry in Virginia since 2014. Former Gov. Glenn Youngkin, who is a Republican, in 2024 signed a bill that codified marriage equality in state law.

Two successive legislatures must approve a proposed constitutional amendment before it can go to the ballot.

A resolution to repeal the Marshall-Newman Amendment passed in the General Assembly in 2025. Lawmakers once again approved it last month.

“20 years after Virginia added a ban on same-sex marriage to our Constitution, we finally have the chance to right that wrong,” wrote Equality Virginia Executive Director Narissa Rahaman on Friday in a message to her group’s supporters.

Virginians this year will also consider proposed constitutional amendments that would guarantee reproductive rights and restore voting rights to convicted felons who have completed their sentences.

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District of Columbia

D.C. non-profits find creative ways to aid the unhoused amid funding cuts

City’s poor economic mobility makes it easier to slip into homelessness

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Federal funding cuts have led to shortages at local nonprofits that assist D.C.’s unhoused population. (Photo by Joe Pchatree/Bigstock)

Homelessness is unlikely to disappear entirely, but it can be minimized and controlled.

That principle guides Everyone Home Executive Director Karen Cunningham’s approach to homeless support and prevention in D.C.

“There’s always going to be some amount of people who have a crisis,” Cunningham said. “The goal is that if they become homeless, [it’s] rare, brief and non-recurring. And in order for that to be the case, we need to have steady investments in programs that we know work over time.”

Making those investments has proven to be an unprecedented challenge, however. Cunningham said non-profits and other organizations like Everyone Home are grappling with government funding cuts or stalls that threaten the work they do to support D.C.’s homeless population.

Despite a 9% decrease in homelessness from 2024 to 2025, advocates worry that stagnant funding will make that progress hard to sustain. Furthermore, D.C. has the worst unemployment rate in the country at 6.7% as of December. The city’s poor economic mobility makes it easier for people to slip into homelessness and harder to break free of it.

There’s a way forward, Cunningham said, but it’s going to take a lot of perseverance and creative solutions from those willing to stay in the fight.

Fighting through setbacks

Reduced funding from the city government has shifted the way Everyone Home operates.

In D.C.’s fiscal year 2026 budget proposal, homeless services and prevention programs saw stalled growth or financial reductions. Even just a few years ago, Cunningham said Everyone Home received a large influx of vouchers to help people who needed long-term supportive housing. The vouchers allowed the non-profit to break people free of the homeless cycle and secure stable housing.

However, those vouchers are scarce these days. Cunningham said the city is investing less in multi-year programs and more in programs that offer preventative and upfront support.

She said this reality has forced Everyone Home to stop operating its Family Rapid Rehab program, which helps families leave shelters and transition into permanent housing. Current funds couldn’t withstand the size of the program and Cunningham said very few organizations can still afford to run similar programs.

The Family Homelessness Prevention program, however, is thriving and expanding at Everyone Home due to its short-term nature. It provides families with 90-day support services to help them get back on track and secure stable finances and housing.

Everyone Home also offers a drop-in day center, where they provide people with emergency clothing, laundry, and meals, and has a street outreach team to support those who are chronically homeless and offer services to them.

Inconsistencies in financial support have created challenges in providing the necessary resources to those struggling. It’s led non-profits like Everyone Home to get creative with their solutions to ensuring no one has recurring or long spouts of homelessness.

“It’s really a sustained investment in these programs and services that can allow us to chip away, because if you put all these resources in and then take your foot off the gas, there’s always people entering the system,” Cunningham said. “And so we have to always be moving people out into housing.”

Getting people in and out of the homeless system isn’t easy due to D.C.’s struggle with providing accessible and affordable housing, D.C. Policy Center executive director Yesim Sayin said in a Nov. 16 Washington Blade article.

Sayin said that D.C.’s construction tailors to middle or upper class people who live in the city because work brought them there, but it excludes families and D.C. natives who may be on the verge of homelessness and have less geographic mobility.

Building more and building smarter ensures D.C.’s low-income population aren’t left behind and at risk of becoming homeless, Sayin said.

That risk is a common one in D.C. given its low economic mobility. Residents have less room to financially grow given the city’s high cost of living, making vulnerable communities more prone to homelessness.

With funding cuts for long-term programs, preventative programs have proven to be vital in supporting the homeless population. When someone becomes homeless, it can have a snowball effect on their life. They aren’t just losing a house –– they may lose their job, access to reliable transportation and food for their family.

Cunningham said resources like the Family Homelessness Prevention program allows people to grow and stabilize before losing crucial life resources.

“Helping people keep what they have and to try to grow that as much as possible is really important where there aren’t a lot of opportunities…for people to increase their income,” Cunningham said.

Through all the funding cuts and reduced services, D.C.’s homeless support organizations are still finding a path forward –– a path that many residents and families rely on to survive.

Pushing forward

Local non-profits and organizations like Everyone Home are the backbone of homeless support when all other systems fail.

When the White House issued an executive order directing agencies to remove homeless encampments on federal land, Coalition For The Homeless provided ongoing shelter to those impacted.

“We were asked by our funders to open two shelters at the time of the encampment policy announcement,” Lucho Vásquez, executive director of Coalition For The Homeless, said. “We opened the shelters on the same day of the request and have been housing 100 more people who are unhoused each night since August.”

This was achieved even after Coalition faced “severe cuts in funding for supportive and security services,” according to Vásquez. Staff members have taken on additional responsibilities to make up for the loss in security coverage and supportive services with no increase in pay, but Vásquez said they’re still trying to fill gaps left by the cuts.

Coalition offers free transitional housing, single room occupancy units and affordable apartments to people who were unhoused. 

Coalition For The Homeless isn’t the only non-profit that’s had to step up its services amid dwindling resources. Thrive D.C. provides hot meals, showers, and winter clothes, which is especially important during the winter months.

Pathways to Housing D.C. offers housing services for people regardless of their situation or condition. Its “Housing First” teams house people directly from the streets, and then evaluate their mental and physical health, employment, addiction status, and education challenges to try to integrate them back into the community.

Covenant House is a homeless shelter for youth ages 18-24. They provide resources and shelter for youth “while empowering young people in their journey to independence and stability,” its website reads. Through its variety of programs, Friendship Place ended or prevented homelessness, found employment and provided life-changing services for more than 5,400 people. 

These groups have made a huge local difference with little resources, but Cunningham said there are more ways for people to support those experiencing homelessness if they’re strapped for time or money. Aside from donating and volunteering, she said even simply showing compassion toward people who are struggling can go a long way. 

Cunningham said compassion is something that’s been lost in the mainstream, with politicians and news anchors regularly directing hostile rhetoric toward homeless populations. But now more than ever, she said caring and understanding for fellow community members is key to moving forward and lifting those in need up.

“People sometimes feel invisible or that there’s a sense of hostility,” Cunningham said. “I think all of us can at least do that piece of recognizing people’s humanity.”

(This article is part of a national initiative exploring how geography, policy, and local conditions influence access to opportunity. Find more stories at economicopportunitylab.com.)

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