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70 groups call on Obama to endorse anti-bullying legislation

SNDA may see vote this year on Senate floor

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A group of 70 organizations is asking President Obama to build on his work against bullying in schools by endorsing legislation pending in Congress that would prohibit harassment of LGBT students.

In a letter dated March 7, the groups ask Obama to endorse the Student Non-Discrimination Act, or SNDA, which would prohibit and harassment in public elementary and secondary schools based on a student’s actual or perceived LGBT status. No federal law explicitly prohibits harassment against LGBT students in school.

“SNDA would provide lesbian, gay, bisexual and transgender (“LGBT”) students with long overdue and much needed explicit federal protections against discrimination and harassment,” the letter states. “The legislation also protects students who associate with LGBT people, including students with LGBT parents and friends.”

The organizations — led by the American Civil Liberties Union — include LGBT groups such as the Human Rights Campaign, Lambda Legal and the Gay, Lesbian & Straight Education Network, or GLSEN, as well as other groups, such as the American Psychological Association, the Feminist Majority and the Southern Poverty Law Center. Religious groups, such as the Episcopal Church, the Methodist Church and the United Church of Christ also signed the letter.

Obama has said he’s committed to combatting bullying and harassment in schools, but has yet to endorse legislation that would explicitly prohibit the bullying of LGBT students.

The letter asks Obama to endorse SNDA so that it has the same level of support from the White House as other pro-LGBT bills, such as the Respect for Marriage Act, which Obama endorsed in June, or the Employment Non-Discrimination Act.

“An endorsement of the Student Non-Discrimination Act would likewise be a clarion call for equality in our schools and better protections for vulnerable children,” the letter states. “And more importantly, it would make clear to all Members of Congress what the administration views as a necessary federal legislative solution to the serious problem of anti-LGBT discrimination and harassment in our nation’s public schools.”

Groups send the letter to Obama ahead of March 10, which will mark the anniversary of the anti-bullying summit held at the White House in 2011. The event was seen as the hallmark effort of Obama’s commitment to combat bullying in schools.

Ian Thompson, the ACLU’s legislative representative, said an announcement in support of SNDA on the anniversary of the anti-bullying summit would have significant impact.

“An endorsement by the administration on the anniversary of the White House Conference on Bullying Prevention would be a powerful statement from the administration that all students are entitled to an education unhindered by discrimination and harassment,” Thompson said.

Other anti-bullying efforts the administration has undertaken include holding the first-ever federal LGBT youth summit in June and issuing guidance informing schools they may be violation of federal laws protecting students from harassment on the basis of gender by allowing anti-gay bullying. Obama, Vice President Joe Biden and other administration officials have also appeared in “It Gets Better” videos.

Just this week, the Departments of Justice and Education, together with six private plaintiffs and the Anoka-Hennepin School District in Minnesota, came to an agreement on a consent decree to resolve alleged bullying and harassment of students who weren’t conforming to gender stereotypes.

Shin Inouye, a White House spokesperson, said Obama supports the goals of the SNDA, didn’t offer full-throated support of the bill.

“Without speaking to the specifics of this letter, I would note that the President supports the goals of the Student Non-Discrimination Act,” Inouye said. “As the Elementary and Secondary Education Act is being considered by Congress, we look forward to working with lawmakers to ensure that all students are safe and healthy and can learn in environments free from discrimination, bullying and harassment.”

SNDA is sponsored by gay Rep. Jared Polis (D-Colo.) in the House and Sen. Al Franken in the Senate. The bill has 156 co-sponsors in the House and 37 co-sponsors in the Senate.

The legislation may see action on the Senate floor this year. Franken, who offered then withdrew the bill as an amendment to education reform legislation before the Senate Health, Education, Labor & Pensions Committee, said he’d offer SNDA as an amendment when the Education & Secondary Education Act reauthorization bill comes to the Senate floor. The bill is unlikely to come up as a standalone bill in the Republican-controlled House.

Obama administration officials have been repeatedly asked about whether the administration is ready to support SNDA. During a conference call with reporters Tuesday, Thomas Perez, assistant attorney general for the Justice Department’s Civil Rights Division, said in a response to a question from the Washington Blade that having law on the books like the Student Non-Discrimination Act would “certainly be helpful,” but stopped short of endorsing the bill.

“We have had conversations with various stakeholders on the Hill and spoken about that, and are carefully reviewing that particular proposal,” Perez said.

Another piece of legislation pending before Congress, the Safe Schools Improvement Act, or SSIA, also aims to protect LGBT students from bullying. The bill, sponsored by Rep. Linda Sanchez (D-Calif.) in the House and Sen Bob Casey (D-Pa.) in the Senate, would require schools to adopt anti-bullying codes of conduct and submit to states data to the Department of Education on bullying.

ACLU’s Thompson said SSIA isn’t mentioned in the letter for the sake of having a more clearly stated request to Obama.

“While SSIA and SNDA have complementary goals, the bills do different things,” Thompson said. “Many of the organizations on this letter also support SSIA, but in order to have as clear of an ‘ask’ as possible to the administration, we decided to focus this particular letter on SNDA.”

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National

Anti-trans visa ruling echoes Nazi regime destroying trans documents

Trump administration escalates attacks on queer community

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The Trump administration has moved from identifying trans people as as threat to the family to claiming that trans people are a threat to the spiritual health of the nation. (Washington Blade photo by Michael Key)

The Lemkin Institute for Genocide Prevention and Human Security earlier this month released its third Red Flag Alert for the United States about the Trump administration’s anti-trans legislation. As the Lemkin Institute shared in the press release, “the Administration has moved from identifying transgender people as as threat to the family and to the nation’s military prowess to claiming that transgender people constitute a cosmic threat to the spiritual health of the nation and the great direct threat to the US national security in the world.”

The news came the same day that the State Department issued a new rule, “Enhancing Vetting and Combatting Fraud in the Immigrant Visa Program.” Under this new guidance, all visa applicants are required to disclose their “biological sex at birth” during all stages of the process, “even if that differs from the sex listed on the applicant’s foreign passport or identifying documentation.” 

This rule also orders that applicants to the green card lottery program share their passport information, so in knowingly collecting passport information that the agency knows will not match a person’s biological sex at birth, it’s creating grounds to deny trans peoples’ biases on the basis of “fraud,” Aleksandra Vaca of Transitics explains.

As is written in the new ruling, “the Department is replacing ‘gender’ with ‘sex’ in accordance with E.O. 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, which provides that the term ‘sex’ shall refer to an individual’s sex at birth. Only male and female sex options are available for entrants completing the Diversity Visa entry form.” 

Along with outright denying the existence of nonbinary, genderqueer and gender expansive people, this policy creates a precedence for trans people to be stripped of their visas and deported because under 8 U.S.C. § 1182(a)(6)(C)(i), any foreigner found to have obtained or possess a visa “by fraud or willfully misrepresenting a material fact” will have their visa revoked and face deportation. 

By requesting information on “biological sex at birth,” the State Department is forcing a mismatch between documents and enabling officials to accuse trans, nonbinary, and gender expansive immigrants of fraud. Thus, trans and nonbinary immigrants can have their visas revoked and can be deported, and information gathered from immigrants during the visa request process can be added to federal databases and used by immigration authorities, including ICE agents. 

With the Supreme Court’s decision this past year allowing ICE officers to use racial profiling, Vaca argues that “now, The Trump administration has given ICE the reason it needs. Under this rule, ICE agents now have the enforcement rationale to assert that trans people–especially those belonging to racial minority groups–are more likely than cis people to have ‘misrepresented’ themselves during the visa process, and therefore, are more likely to enter the country ‘unlawfully.’”

This would enable ICE agents to target trans individuals specifically for being trans. If the goal of this were unclear, a day later the Trump administration released its statement for Women’s History Month 2026, writing that “we are keeping men out of women’s sports, enforcing Title IX as it was originally written and ensuring colleges preserve–and, where possible, expand–scholarships and roster opportunities for female athletes. We are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”

And this is not the first time that ICE has targeted and harmed trans and nonbinary immigrants. Last June, Vera reported that ICE is not including trans people in detection in their public reports, and back in 2020, AFSC reported that trans people held in ICE detention faced “dreadful, ugly” conditions. 

While it seems like a new development in Trump’s anti-trans escalation, it echoes a deeply upsetting history of denying and destroying transgender people’s documents following members of the Nazi party seizing power in 1933. 

In the early 20th century, Weimar, Germany was an epicenter for gender affirming care with Maganus Hirschfeld’s Institute for Sexual Science. One of the first book burnings of the rising Nazi regime destroyed the Institute’s extensive clinical records and library on trans health and history by Nazi students and stormtroopers. In doing so, the Nazis effectively destroyed the world’s first trans health clinic and one of the richest and most comprehensive collective of information about trans healthcare. 

Similarly, the Nazi government invalidated or refused to recognize what was called “transvestite passes,” or passing certificates that allowed trans people to avoid arrest under Paragraph 175 which prohibited cross-dressing. During the Weimar Republic — the regime that preceded the Third Reich — recognized and affirmed the identities of trans people (in limited ways) with specific documentation that helped prevent them from arrest. Invalidating and disregarding these passes allowed police and Nazi officials to target trans people and harass, extort and arrest them, and the record of passes themselves helped officials target trans people. 

The changes to visa guidelines — alongside Kansas’s move to revoke trans drivers’ licenses last month — is reflective of this escalation of violence against trans people during the Nazi’s rise to power, which scholars like Dr. Laurie Marhoefer is just beginning to uncover. And along with the revocation of identification documents this past week, a recent Fourth Circuit Court ruled that states can deny Medicaid coverage for gender-affirming surgery.

The Fourth Circuit Court decision affirmed the Supreme Court’s decision in Skrmetti, which ruled that bans on gender affirming healthcare for young people are constitutional. This ruling extends this ban to include adult healthcare bans, allowing West Virginia’s exclusion of Medicaid coverage for adult gender affirming healthcare to take full effect. Even more upsetting was what the ruling itself said, calling gender affirming healthcare “dangerous.” 

As was written in the Fourth Circuit Opinion, “it’s not irrational for a legislature to encourage citizens ‘to appreciate their sex’ and not ‘become disdainful of their sex’ by refusing to fund experimental procedures that may have the opposite effect.” 

In reality, what this ruling and the opinion reflect, is the next step in government regulation and oversight over marginalized peoples’ bodies. From the overturn of Roe v. Wade, which removed federal protection of access to abortion, this next step represents the denial of people’s access to vital, lifesaving care–and to be clear, gender affirming care is not just for trans, nonbinary, and intersex people. It’s a dangerous escalation and one that echoes previous violence against trans people under fascist regimes; the Lemkin Institute is right to raise concern.

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Pennsylvania

Pa. House passes bill to codify marriage equality in state law

Governor supports gay state Rep. Malcolm Kenyatta’s measure

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Pennsylvania Capitol Building (Washington Blade file photo by Michael Key)

The Pennsylvania House of Representatives on Wednesday passed a bill that would codify marriage equality in state law.

House Bill 1800 passed by a 127-72 vote margin. Twenty-six Republicans voted for the measure.

The Republican-controlled Pennsylvania Senate will now consider the bill that state Rep. Malcolm Kenyatta (D-Philadelphia), who is the first openly gay person of color elected to the state’s General Assembly, introduced. Democratic Gov. Josh Shapiro supports the measure.

“Here in Pennsylvania, we believe in your freedom to marry who you love,” said Shapiro on Wednesday. “Today, the House has stepped up to protect that right.”

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Florida

DeSantis signs emergency bill that restores Fla. ADAP funding

Temporary funds to last through June 30

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Republican Florida Gov. Ron DeSantis (Screen capture/NBC News)

After the Florida Department of Health made huge cuts to the AIDS Drug Assistance Program in January, Republican Gov. Ron DeSantis has signed emergency legislation restoring HIV access to more than 12,000 Floridians.

Two months ago, as the Washington Blade reported, the Sunshine State cut the vast majority of those in ADAP by shifting the income levels required for eligibility — without following standard procedure when changing government policy outside of legislative or executive action.

The bill, signed by DeSantis on Tuesday, passed both chambers of the Florida Legislature unanimously and appropriates $30.9 million in emergency bridge funding through June 30, 2026. It restores Florida’s ADAP income eligibility to 400 percent of the Federal Poverty Level — the level it was prior to the January cuts. The legislation also requires the FDOH to submit detailed monthly financial reports to legislative leadership beginning April 1.

Under the old policy, eligibility would have been limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.

“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” Esteban Wood, director of advocacy and legislative affairs at AIDS Healthcare Foundation, said in a statement.

The detailed reports now required to be sent to legislative leadership must include all federal revenues and expenditures, including manufacturer rebates; enrollment figures by county and insurance status; prescription utilization by drug class; and any projected funding shortfalls. This is the first time the Legislature has required this level of financial transparency from the program.

DeSantis signed the legislation one day after a Leon County Circuit Court judge denied AIDS Healthcare Foundation’s request for an injunction to block the significant changes the DeSantis administration is making to the program, which it claims faces a $120 million shortfall for calendar year 2026.

AIDS Healthcare Foundation, a national organization focused on protecting and expanding HIV healthcare access and prevention methods, filed a lawsuit over the change in eligibility, arguing the Florida Department of Health did not follow the laid out path for formally changing policy and was acting outside established procedures.

Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AIDS Healthcare Foundation, none of these steps occurred.

The long-term structure of ADAP will be determined by the 2026–2027 fiscal year state budget, something that lawmakers have until June 30 to finish.

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