National
Bracing for cuts after supercommittee’s failure
LGBT, HIV/AIDS programs could face reductions
LGBT and HIV/AIDS advocates are bracing for potential cuts as a result of the congressional supercommittee’s failure this week to come up with a deficit reduction deal.
On Monday, members of the Joint Select Committee on Deficit Reduction — comprised of six Democrats and six Republicans — announced that they were unable to come up with an agreement on $1.5 trillion in budget cuts by the Wednesday deadline as established by legislation signed by President Obama in August.
As a result of the supercommittee’s failure to come up with a plan for deficit reduction, a sequester will kick in that will lower spending by $1.2 trillion beginning in fiscal year 2013 by $109.3 billion in cuts per year. Half of the cuts — $54.7 billion — will come from the Defense Department and the other half from mandatory and discretionary domestic spending — including HIV/AIDS programs and certain government programs that help LGBT people.
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According to the Congressional Budget Office, reductions in discretionary appropriations for non-defense programs — including HIV/AIDS programs — would range from from 7.8 percent in 2013 to 5.5 percent in 2021, resulting in savings of $294 billion.
Carl Schmid, deputy executive director for the AIDS Institute, said the mandatory cuts that will occur in 2013 “will certainly impact funding levels” for discretionary HIV/AIDS programs such as the Ryan White Care Act, AIDS Drug Assistance Programs and research spending.
“We’re going to try to work to make sure that doesn’t happen, but if it does happen, there’ll be less money for prevention, less money for drugs to keep people healthy, less for care and treatment and less money for research,” Schmid said.
Schmid added the potential cuts are of particular concern because the number of people living with HIV/AIDS continues to grow.
“There’s more and more people living with HIV than ever before,” Schmid said. “There’s more accessing the AIDS Drug Assistance Program than ever before, so it’s at a time when there’s more and more people with HIV, and at a time that we know treatment is a way to cut transmission.”
According to a CDC report published in August, HIV in the United States continues to disproportionately impact young gay and bisexual men, although as a whole, infection rates have been relatively stable in recent years. New infections among among young men who have sex with men increased 34 percent between 2006 and 2009, while infections among young, black men who have sex with men increased 48 percent from 4,400 in 2006 to 6,500 in 2009.
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Brian Hujdich, executive director for HealthHIV, also said the failure of the supercommittee may jeopardize federal programs on which low-income Americans depend for medical coverage.
“We are disappointed but not surprised at the supercommittee’s inaction,” Hujdich said. “They had both the latitude and responsibility to make hard decisions, but once again chose to do nothing. The weight of congressional indecision now falls on the backs of the most vulnerable and medically under-served communities, whose health care coverage may be impacted in 2013.”
Other programs at risk could include some that LGBT Americans rely on in greater numbers than their straight counterparts.
Last week, Kellan Baker and Zach Britt of the Center for American Progress wrote a report that detailed how either action or inaction by the supercommittee could have significant impact on programs affecting LGBT people.
“Gay and transgender communities most at risk include families with children and gay and transgender people who are doubly marginalized in American society, such as gay and transgender people of color, those living in poverty, immigrants, homeless youth, elders, and those with disabilities,” Baker and Britt wrote.
Among the programs identified that could be cut include planned data collection by the Department of Health & Human Services on sexual orientation and gender identity; mental health services that help LGBT youth and adults cope with depression, bullying and discrimination; and programs that support out-of-home gay and transgender youth.
Despite the failure of the committee, many were unhappy with plans the committee was proposing and thankful an agreement wasn’t made on any one of them.
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According to the CAP report, Democrats proposed cutting $400 billion from Medicare, $75 billion from Medicaid and $1.3 trillion in discretionary spending — while increasing revenue by $1.3 trillion. Republicans, on the other hand, proposed to cut $500 billion from Medicare and $185 billion from Medicaid, with $1.2 trillion more in discretionary cuts and only $40 billion in revenue increases.
Laurie Young, director of aging and economic security at the National Gay & Lesbian Task Force, said the plans the supercommittee was proposing were “really not good” and the failure to come up with a plan is better than an agreement on a bad one.
“No deal today is better than them having agreed upon a bad deal that would have cut benefits to people who are already receiving them and relying on them,” Young said.
Moreover, the two largest programs providing HIV/AIDS care to low-income people — Medicare and Medicaid — won’t see immediate cuts as a result of the supercommittee’s failure. Social Security and Medicaid are immune from cuts under the sequester. Medicare would see, at most, a 2 percent reduction in payments, but those cuts would only affect providers and would not raise co-pays or premiums on people covered under this program.
Young said the exemption of these programs is important because LGBT people are particularly dependent on Medicare, Medicaid and Social Security as they age.
“We don’t have the same ability to access economic security and retirement that our heterosexual counterparts do,” Young said. “And so, we’re twice as likely to age alone and four times less likely to have children who would take care of us.”
But Schmid said the protection of Medicare and Medicaid from the sequester “doesn’t mean all the problems are solved” and those programs could be affected as Congress makes the decisions for cuts.
“There’s still going to be pressure to cut Medicare and Medicaid in the future, so we have to remain vigilant,” Schmid said.
Since the cuts won’t begin until Jan. 2, 2013, Congress has the opportunity to come up with an alternative for deficit reduction rather than the sequestration imposed the supercommittee’s failure to come up with a plan.
Young predicted Congress would work to come up with an alternative because Republicans won’t want to see drastic cuts to defense and Democrats won’t want to see drastic cuts to domestic programs.
“We’re going to have to work over the next year to make sure that we get a balanced plan that doesn’t depend on just slashing benefits or slashing cuts in federal agencies, but also really looks to raising revenues,” Young said. “The chore for next year is making sure that we can get a balanced plan, which was never really considered by the supercommittee.”
Schmid said advocates are going to fight to include HIV/AIDS among the programs that won’t receive cuts, but acknowledged they’re facing an uphill battle.
“These are supposed to be across the board cuts, but there are some other low-income programs that are exempt by the law to sequestration and, I think, we will fight to be included in them as well,” Schmid said. “That will be our job over the next year before these cuts take place in 2013.”
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.
Federal Government
Education Department rolls back protections for LGBTQ students under Title IX
The DoE policy rescinds Biden-era protections
The Department of Education rolled back a Biden-era Title IX interpretation on Monday that secured sex-based discrimination protections for students on the basis of sexual orientation and gender identity.
Title IX was established in 1972 as landmark civil rights law. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government.
Education Secretary Linda McMahon spoke about the revision of the policy, claiming the decision would explicitly help “women and girls.”
“Thanks to today’s action, the published Title IX regulations faithfully reflect court orders and congressional intent — reducing confusion for parents, students, and educational institutions. We will continue to relentlessly champion equal opportunity for all Americans and hold accountable any school or college that violates the rights, privacy, or athletic opportunities of our women and girls,” McMahon said via press release.
Prior to her work under the Trump-Vance administration, McMahon was a World Wrestling Federation/World Wrestling Entertainment executive before resigning to pursue a career in politics. She was appointed to the Connecticut State Board of Education by then-Gov. Jodi Rell in January 2009, but resigned from her role shortly afterward to run what ultimately became two failed campaigns for Connecticut’s U.S. Senate seat in 2010 and 2012.
A “fact sheet” provided by the Department of Education also called the inclusive sexual assault and gender identity protections expanded under the Biden-Harris unlawful, saying, “This change is necessary to provide clarity in the Code of Federal Regulations so that institutions, administrations, students, and families can see the rules that are actually in force and to help eliminate public confusion about the Biden administration’s unlawful attempt to stretch Title IX’s legal protections to cover ‘sexual orientation’ and ‘gender identity.’”
This is not the first time this policy has faced judicial hurdles. While Biden was still in office, the plan was struck down in multiple courts in Republican states.
Opponents of the move say it will harm transgender athletes and weaken protections for sexual assault victims.
“Sexual harassment and assault continue to be pervasive in schools and, to the fullest extent possible, we should be working to enforce the laws that protect student survivors of sexual violence. Yet, Education Secretary Linda McMahon and the Trump administration have decided to ignore what survivors need, instead weaponizing Title IX to attack trans students,” said Shiwali Patel, senior director of education justice at the National Women’s Law Center.
This is a return to a first Trump term policy after Biden issued an executive order to attempt to curb discrimination for all — especially those with different sexual orientations and gender identities — that had been given a pass during Trump’s first term. Much of Title IX’s policy has a narrow vision of what sex protections look like that often and enthusiastically leave gender-diverse and non-heterosexual people out.
In March 2021, President Joe Biden signed Executive Order 14021, “Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity,” to attempt to undo some of the flagrantly anti-LGBTQ policy the Trump-Pence administration had set forth relating to Title IX protections for LGBTQ students and sexual assault survivors.
The secretary focused this “win” for the administration as one more step toward restricting transgender students from competing in women’s sports, but the 2020 rule, completed under former Education Secretary Betsy DeVos, didn’t explicitly ban trans students from participating on sports teams consistent with their gender identity. It did limit the types of sexual harassment and assault complaints that schools had to investigate and required live hearings so male students could respond to accusations.
McMahon didn’t discuss those aspects in her statement or in requests for comment. The 2020 rule drew praise from conservatives and intense opposition from advocates who said it downplayed sexual abuse and left victims unprotected.
In a statement, U.S. Rep. Tim Walberg (R-Mich.), who chairs the House Education Committee, said, “Returning to the 2020 regulations restores longstanding protections for women and girls that the Biden-Harris administration attempted to dismantle and realigns Title IX policy with court precedents.”
LGBTQ activists have called this decision a direct attack on LGBTQ safety — particularly for trans students who continue to face a barrage of legislative, executive, and judicial attacks in recent years from the Trump-Vance administration.
Kelley Robinson, president of the Human Rights Campaign, the largest LGBTQ advocacy group in the world, released a statement following the DoE’s announcement.
“Title IX is, quite simply, about protecting students and ensuring that they are safe from abuse, harassment, and discrimination while they pursue their education. But Donald Trump and his cronies aren’t interested in any of that,” Robinson said. “Donald Trump’s Department of Education has completely lost sight of that mission. Instead of enforcing protections for students, they’re rescinding them. They don’t care if sexual harassment and assault go unaddressed. And they’re happy to strip funding away from school districts and states that are actually trying to keep students safe.
“We know who will be hurt: women, girls, and others who are vulnerable to sexual harassment, assault and abuse — including LGBTQ+ students. The fact that they’re dropping this rule into place abruptly, without a comment period, denying families, educators, loved ones, and the students themselves a say in how they should be treated, shows how little they care about the safety of our students.
“This is a monstrous injustice, and it drives home how essential it is that we take action at the polls this November to start bringing some accountability to an administration that has turned its back on the very students Title IX was written to protect,” she added.
The Washington Blade reached out to the DoE for comment and questions on whether Title IX protections still included LGBTQ students, and received this email response from Education Spokesman Sabin Sidney:
“Your questions indicate you are clearly missing the entire point of this Final Rule. The Biden Administration illegally rewrote Title IX to include ‘sexual orientation’ and ‘gender identification’ in the definition of sex-based discrimination. The Trump Administration is rescinding this rule—only after every federal court that heard legal challenges rejected it as unlawful.
“Since January 2025, the Department has been enforcing Title IX consistent with the President’s Executive Order grounded in biological truth that there are only two sexes. The Trump Administration is restoring the original promise of Title IX and providing clarity to students, parents, and educational institutions. We will vigorously defend equal opportunity consistent with the law’s intended purpose.”
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