National
2nd Circuit rules Title VII bars anti-gay workplace discrimination
 
																								
												
												
											
The U.S. Court of Appeals for the Second Circuit has issued a ruling against anti-gay workplace discrimination. (Photo by Ken Lund; courtesy Flickr)
In a major ruling affirming protections for lesbian, gay and bisexual workers, a federal appeals court in New York City ruled Monday employment discrimination based on sexual orientation is unlawful under Title VII of the Civil Rights Act of 1964.
In a 69-page “en banc” decision from the full court, the Second Circuit finds Donald Zarda, a now deceased skydiver who alleges he was fired from Altitude Express for being gay, can sue under existing civil rights law because sexual orientation discrimination is a form of sex discrimination.
Writing for the court in the 10-3 decision, U.S. Chief Circuit Judge Robert Katzmann, a Clinton appointee, concludes Zarda’s estate is “entitled to bring a Title VII claim for discrimination based on sexual orientation.”
“Zarda has alleged that, by ‘honestly referr[ing] to his sexual orientation,’ he failed to ‘conform to the straight male macho stereotype,'” Katzmann writes. “For this reason, he has alleged a claim of discrimination of the kind we now hold cognizable under Title VII.”
The decision vacates a trial court ruling against Zarda’s claims based on sexual orientation discrimination under Title VII, remanding the case to the court for reconsideration. The “en banc” ruling also overturns Second Circuit precedent against protections for gay workers in the jurisdiction — the 2000 decision in Simonton v. Runyon and the 2005 decision in Dawson v. Bumble & Bumble.
In the past year alone, that precedent formed the basis for two rulings from three-judge panels on the Second Circuit against the idea that sexual orientation discrimination is sex discrimination (although in one case, the court ruled in favor of the gay plaintiff anyway based on sex-stereotyping claims). The latest “en banc” ruling means lesbian, gay and bisexual plaintiffs will now unequivocally be able seek relief in the Second Circuit if they face anti-gay workplace discrimination.
The ruling is also a blow to the Trump administration, which sent Deputy Assistant Attorney General Hashim Mooppan to the court for oral arguments in September to argue employers should be able to fire workers for being gay despite Title VII.
Greg Nevins, an attorney and employment fairness project director for Lambda Legal, argued on behalf of Zarda before the Second Circuit and said the court’s decision is “huge” in the effort to prohibit anti-gay workplace discrimination nationwide.
“It really changes the dynamics about how people talk about who’s winning this argument,” Nevins said. “Nobody can call Hively an outlier. We now have an overwhelming victory in two circuits — out of Chicago, and out of New York now — and both of them were lopsided.”
In the reasoning for the decision, Katzmann finds three separate ways in which sexual orientation discrimination is a subset of sex discrimination.
First, Katzmann finds sexual orientation “is defined by one’s sex in relation to the sex of those to whom one is attracted,” which makes it impossible to discriminate on the basis of sexual orientation without taking sex into account.
“In the context of sexual orientation, a woman who is subject to an adverse employment action because she is attracted to women would have been treated differently if she had been a man who was attracted to women,” Katzmann said. “We can therefore conclude that sexual orientation is a function of sex and, by extension, sexual orientation discrimination is a subset of sex discrimination.”
This interpretation is also known as the “but for” argument that anti-gay discrimination is sex discrimination. In this case, Zarda would have been able to keep his job as a skydiver as a man but for his attraction to other men.
Secondly, Katzmann finds anti-gay bias is based on assumptions and stereotypes about gender, which the U.S. Supreme Court has made clear is an unlawful motive for employment discrimination under existing precedent.
“Viewing the relationship between sexual orientation and sex through the lens of gender stereotyping provides yet another basis for concluding that sexual orientation discrimination is a subset of sex discrimination,” Katzmann writes. “Specifically, this framework demonstrates that sexual orientation discrimination is almost invariably rooted in stereotypes about men and women.”
Finally, Katzmann finds anti-gay workplace discrimination is associational discrimination based on sex because the employer is making a judgment about with whom an employee should have a relationship.
“Consistent with the nature of sexual orientation, in most contexts where an employer discriminates based on sexual orientation, the employer’s decision is predicated on opposition to romantic association between particular sexes,” Katzmann writes. “For example, when an employer fires a gay man based on the belief that men should not be attracted to other men, the employer discriminates based on the employee’s own sex.”
Four other judges on the Second Circuit filed concurring opinions in the case that affirmed protections for gay, lesbian and bisexual workers under Title VII, but reached that conclusion differently. The judges picked and chose from the findings presented by Katzmann on sexual orientation discrimination, although none disputed of any the reasoning.
One of the justices who dissented in the decision, the Obama-appointed U.S. Circuit Judge Gerard E. Lynch, objected to the majority opinion on the basis Congress didn’t intend to cover gay people when it passed Title VII in 1964.
“I would be delighted to awake one morning and learn that Congress had just passed legislation adding sexual orientation to the list of grounds of employment discrimination prohibited under Title VII of the Civil Rights Act of 1964,” Lynch writes. “I am confident that one day — and I hope that day comes soon — I will have that pleasure. I would be equally pleased to awake to learn that Congress had secretly passed such legislation more than a half century ago — until I actually woke up and realized that I must have been still asleep and dreaming. Because we all know that Congress did no such thing.”
The court reached a conclusion in favor of Zarda despite efforts from the Justice Department to convince the court otherwise. In a strange development, one arm of the federal government, the Justice Department, had argued against gay protections, but another arm, the U.S. Equal Employment Opportunity Commission, argued in favor of them.
Devin O’Malley, a Justice Department spokesperson, said the department is committed to upholding civil rights, but argued against the gay plaintiff in this case because the administration believes existing civil rights law doesn’t apply to him.
“The Department of Justice is committed to protecting the civil and constitutional rights of all individuals, and will continue to enforce the numerous laws Congress has enacted that prohibit discrimination on the basis of sexual orientation,” O’Malley said. “We remain committed to the fundamental principle that the courts cannot expand the law beyond what Congress has provided. The position that the department advocated in this case has been its longstanding position across administrations and remains the law of nine different courts of appeals.”
Victoria Lipnic, acting chair of the EEOC, had the opposite reaction to the ruling and praised the Second Circuit for the decision.
“Today, the Second Circuit became the second federal court of appeals to hold that Title VII provides legal employment protections for individuals based on their sexual orientation,” Lipnic said. “The EEOC has advanced this legal interpretation for the past few years, and I commend the fine lawyering by the agency that contributed to today’s decision. This is a generous view of the law of employment protections, and a needed one.”
Each of the three states in the Second Circuit — Vermont, Connecticut and New York — already had state laws prohibiting workplace discrimination on the basis of sexual orientation. The ruling, however, adds an additional layer for lesbian, gay and bisexual workers because under Title VII, sex discrimination need only be a motivating factor to meet the threshold for unlawful discrimination as opposed to state law, which requires it to be the only factor.
That’s why Zarda sought to sue under Title VII; his claims of sexual orientation discrimination were deemed insufficient in state court.
Nevins identified other benefits for gay workers in the Second Circuit to sue under Title VII, but pointed out they can still obtain relief under state laws.
“It helps the lawyers and the judges because it’s familiar terrain, and the remedies can be better and the procedural requirements can be clearer and, in this case, easier to satisfy,” Nevins said.
The Second Circuit is the second federal appeals court to find anti-gay discrimination is unlawful under Title VII and contributes an emerging legal consensus that sexual orientation amounts to sex discrimination under current law. In 2015, the EEOC determined in the case of Baldwin v. Foxx it would accept and litigate cases of anti-gay discrimination under Title VII.
Last year, the U.S. Seventh Circuit Court of Appeals in the case of Hively v. Ivy Tech became the first federal appeals court to find anti-gay discrimination is illegal under Title VII. The U.S. Eleventh Circuit Court of Appeals, however, reached the opposite the conclusion and found no protections for gay workers in the case of Evans v. Georgia Regional Hospital.
Despite the circuit split, the U.S. Supreme Court refused to grant a writ of certiorari in the Evans case to iron out once and for all nationwide whether Title VII affords non-discrimination protections for lesbian, gay, bisexual workers.
Eric Lesh, executive director of the LGBT Bar Association of New York, said in a statement “momentum is headed towards justice under the law for LGBT employees” in the aftermath of the Second Circuit ruling.
“Today, the Second Circuit joined many other federal courts in recognizing that Title VII of the Civil Rights Act of 1964 extends to prohibit discrimination based on sexual orientation,” Lesh said. “The LGBT Bar of New York agrees with the full Second Circuit — which sits in our backyard. Everyone has the right to feel safe and protected at work. The U.S. Supreme Court should settle the divide among our appellate courts. LGBT employees need to know that they are protected under federal law. The time is now.”
In what may be the opposite of a silver lining to gay workers, the ruling leaves no opportunity for LGBT rights advocates to seek review from the Supreme Court in hopes of a nationwide decision. The only party that could file the petition is Altitude Express, but the company defended its termination of Zarda based on a technicality and isn’t likely to seek review.
Saul Zabell, an attorney with the Bohemia, N.Y.-based law firm Zabell & Associates, represented Attitude Express and expressed disappointment with the decision, but was non-committal about a decision for filing a petition for certiorari.
“We are extremely proud of the esteemed ‘en banc’ panel of the Second Circuit for curing this glaring legislative gap in fundamental human rights,” Zabell said. “Though we are equally as disappointed that the panel chose to ignore the facts of the underlying matter. In the course of doing so, the panel exceeded their judicial mandate to reach what appears to be a predetermined conclusion. Although we recognize the dire need for this change in the law, the manner in which it was effectuated calls into question the scope of power relative to the branches of government.”
Asked whether that meant Altitude Express would seek review before the Supreme Court, Zabell replied the company is still reviewing options.
Nothing in the Second Circuit explicitly spells out whether Title VII has impact on anti-transgender discrimination in the workforce. No precedent exists one way or the other in the jurisdiction on whether transgender workers are eligible for relief under the law.
Nevins said Katzmann took pains to restrict his ruling the issue of anti-gay discrimination, but his reasoning could just as well apply to transgender people.
“The biggest argument on the other side of this has always been Congress has been asked for these protections pretty explicitly and has not done so,” Nevins said. “To the extent that arguments bites the dust, a rising tide lifts all boats. Any victory for the principle that you interpret the law that you have, not the law you wish you had, is a good day for entire LGBTQ community.”
U.S. Supreme Court
Federal judge strikes down Biden rule protecting transgender health care rights
Republican-led states sued over the 2024 regulations
 
														A federal judge has ruled that federal anti-discrimination protections for transgender people in health care are unconstitutional, allowing legal discrimination in health care against trans individuals in the U.S.
Judge Louis Guirola, Jr., of the U.S. District Court for the Southern District of Mississippi sided with a coalition of 15 GOP-led states that sued over the rule, which broadened sex discrimination to include sexual orientation and gender identity in health care, the Hill reported.
The U.S. Department of Health and Human Services “exceeded its authority by implementing regulations redefining sex discrimination and prohibiting gender identity discrimination,” Guirola wrote.
The expanded definition of sex discrimination to include sexual orientation and gender identity was part of Section 1557 of the Affordable Care Act. The Biden-Harris administration implemented it to strengthen protections against health care discrimination for LGBTQ people. It previously prevented discrimination in health care services, insurance coverage, and program participation.
This is not the first time such protections have faced legal challenges. In 2016, the Obama-Biden administration advanced similar rules to prevent health care providers from denying services — particularly gender-affirming care — that they would otherwise offer to other patients.
During President Donald Trump’s first term, those protections were reversed when his administration redefined Title IX protections to apply only to race, color, national origin, “biological sex,” age, or disability — explicitly excluding trans people.
In 2024, the Biden-Harris administration reinstated these protections, only for them to be struck down by Republican-appointed Guirola.
Tennessee Attorney General Jonathan Skrmetti celebrated the ruling, saying in a statement, “This decision restores not just common sense but also constitutional limits on federal overreach, and I am proud of the team of excellent attorneys who fought this through to the finish.”
The decision comes as the U.S. Supreme Court recently heard arguments on banning so-called conversion therapy, and may soon take up a case involving the right to same-sex marriage.
Virginia
Conservative group’s anti-transgender ad targets Va. gubernatorial candidate
Restoration of America PAC attacks Va. gubernatorial candidate
 
														A new ad paints Democratic Virginia gubernatorial candidate Abigail Spanberger “as extreme as it gets” because of her stance on transgender rights.
Restoration of America PAC, a collection of conservative groups, funded the 30-second spot. It claims that Spanberger supports allowing “boys to play girls sports and shower in girls locker rooms … naked,” “horrifying gender mutilation reversal,” and “irreversible sterilization of children.”
The ad then argues Spanberger “refuses to answer questions about this because she knows how evil it is.”
When asked if she would support a bill that would allow trans women to use bathrooms and to play on sports teams consistent with their gender identity, Spanberger told WSET in Roanoke last month that she would “support a bill that would put clear provisions in place that provide a lot of local ability for input.”
Spanberger is running against Lt. Gov. Winsome Earle-Sears, a Republican “morally opposed” to marriage equality, to succeed Republican Gov. Glenn Youngkin.
Equality Virginia Advocates, an organization that works alongside Equality Virginia, aims to advance equality for LGBTQ+ Virginians through advocacy and public policy. Executive Director Narissa Rahaman described the ad as “poorly recycled scapegoating” pulled from the “Trump 2024 playbook.”
“We need leaders focused on combating the everyday challenges facing Virginians across the commonwealth, not manufacturing culture war issues to encourage discrimination against our friends, families, and neighbors who happen to be transgender,” Rahaman said.
Rahaman added Equality Virginia PAC’s recent data shows 71 percent of the Earle-Sears campaign’s digital ad spending has been dedicated to ads against trans youth.
Earle-Sears has previously aired ads that claim Spanberger is for “they/them, not us,” echoing messaging the Trump-Vance campaign used to target former Vice President Kamala Harris in the 2024 presidential race.
“The Virginia GOP is wasting millions villainizing a small part of the population while ignoring the real issues facing Virginians: unaffordable housing, rampant inflation, and federal job cuts,” Rahaman said.
Laurel Powell, communications director at the Human Rights Campaign, noted conservative groups have spent more than $230,000 on anti-trans ads in Virginia. She described the anti-trans advertisements as “dangerous, blatant lies created to exploit misinformation about the trans community.”
“Republicans are desperately trying to distract from their ongoing failure on issues facing Virginians — like the Republican-led government shutdown, the fallout from the disastrous tariff wars, and thousands of people being booted from their jobs to feed Donald Trump’s lust for political vengeance,” Powell said. “While they make life harder and more dangerous for transgender people, all Virginians are being robbed of the leadership they need and deserve.”
A Christian Newport University poll notes Virginia’s likely voters are focused on threats to democracy, inflation or cost of living, healthcare, and immigration as key issues for the upcoming election. The poll found likely voters said Spanberger would do a better job than Earle-Sears in handling trans-specific policy by 13 points.
Spanberger cosponsored and voted for the Equality Act three times, which would ban discrimination on the basis of sex, gender identity, sexual orientation in federal law. Earle-Sears, for her part, has previously misgendered state Sen. Danica Roem (D-Manassas) — the first openly trans statewide lawmaker in Virginia — during a floor debate and has made inaccurate claims about trans people at school board meetings.
Spanberger currently leads Earle-Sears by a 47.5-45.1 percent margin, according to a poll from Trafalgar Group, although the lead is within the poll’s 2.9 percent margin of error. Election Day is on Nov. 4.
National
Trans rights activist Miss Major Griffin-Gracy dies at 78
Revisiting Blade’s 2024 interview with legendary voice for equality
 
														Miss Major Griffin-Gracy, a nationally acclaimed organizer and activist for transgender people, the LGBTQ community, sex workers, and incarcerated people, died Oct. 13 at her home in Little Rock, Ark.
Her passing was announced by the Little Rock-based Griffin-Gracy Educational Retreat and Historical Center, also known as House of gg, a transgender support and services center she founded in 2019.
“Miss Major – known as ‘Mama’ to many – was a Black, trans activist who fought for more than 50 years for trans, gender nonconforming, and the LGB community, especially for Black trans women, trans women of color and those who have survived incarceration and police brutality,” the statement announcing her passing says.
“Major’s fierce commitment and intersectional approach to justice brought her to care directly for people with HIV/AIDS in New York in the early 1980s and later to drive San Francisco’s first mobile needle exchange,” the statement says.
It adds, “House of gg was born out of her dream to build a center that would empower, heal and be a safe haven for Black trans people and movement leaders in the Southern U.S. – a space for our community to take a break, swim, enjoy good food, laugh, listen to music, watch movies, and recharge for the ongoing fight for our lives.”
A Wikipedia write up on Griffin-Gracy says she was born and raised in Chicago and came out as trans in the late 1950s. It says her parents were not accepting of her gender identity, prompting her to leave home at a young age and work for a while as a showgirl at the Jewel Box Revue theater in Chicago before moving to New York.
In a 2014 interview with the Bay Area Reporter, she said that after moving to New York in the 1960s she became a regular patron of the Stonewall Inn gay bar, at which trans women were known to gather. She said she was there at the time of the 1969 police raid that triggered the Stonewall rebellion when patrons fought police in the historic action credited with starting the modern-day LGBTQ rights movement.
Griffin-Gracy began work in community services, including services for trans women, after moving to San Diego in 1978, according to the Wikipedia write-up, and later performed home health care work during the early years of the AIDS epidemic in the 1980s.
It says she moved to San Francisco in the 1990s and worked with multiple HIV/AIDS organizations, including the Tenderloin AIDS Resource Center. In 2004, she began work at the San Francisco-based Transgender Gender Variant Intersex Justice Project (TGIJP) and later became executive director of the organization. The organization provides support services for trans, gender variant, and intersex people in prisons.
Shortly before traveling to Chicago in 2024 to attend the Democratic National Convention as an honored guest of the National LGBTQ+ Task Force Action Fund, Griffin-Gracy participated in an interview with the Washington Blade via Zoom from her home In Little Rock. Among other things, she told of her support for Democratic presidential candidate Kamala Harris against Donald Trump in the 2024 presidential election.
“I plan on going to every place Trump goes and speak to the tender loving people in those places and tell them what a liar he is and how insane he is and that they just shouldn’t vote for him,” she told the Blade.
Among those praising Griffin-Gracy’s work and lamenting her passing was David Johns, CEO and executive director of the D.C.-based LGBTQ advocacy group National Black Justice Collective.
“Her pioneering work to center and uplift Black trans women, particularly those who have been incarcerated and faced police brutality, made space for the most powerful and most marginalized members of our community and set the foundation for the freedom work so many of us continue today,” Johns said in a statement.
“At a time when the rights and dignity of trans people are again under relentless attack, Miss Major’s life reminds us of what it means to persevere in the fight for equality that all LGBTQ+/same gender loving (SGL) people can live freely an authentically,” Johns said in his statement.” Her spirit will continue to guide us as we fight for a world where every Black trans person can thrive and live a joy-filled life.”
An excerpt from the Blade’s August 2024 interview and profile of Griffin-Gracy follows:
Those who are familiar with Miss Major’s brand of activism might be surprised by her work with the Task Force Action Fund, her appearance at the DNC, and perhaps especially her commitment to criss-crossing the country to talk voters out of supporting Donald Trump and into supporting Vice President Kamala Harris’s historic bid for the White House.
As shown in “Major!” the 2015 documentary about her life, and a 2023 memoir comprised of interviews with journalist Toshio Meronek called “Miss Major Speaks: Conversations with a Black Trans Revolutionary,” the activist’s foremost concerns have always been centered around providing for her trans brothers and sisters.
Her work on this front is never ending: [Griffin-Gracy’s assistant Muriel] Tarver gave the Blade a virtual tour of Miss Major’s property, which she has used as a refuge for trans folks who are free to stay and relax on the well-kept grounds, which are complete with a guest house and a pool.
Where she may have sidestepped electoral politics in the past, however, there is “so much happening to whereby you had to get involved in it now,” Miss Major said. “But before it was just — my community has suffered so bad for so long, so often, that you’ve got to do something to help them navigate the bullshit that goes on in the world.”
This usually means ensuring that basic needs are met. “And I don’t feel as if politics helps that,” she said, because “it’s got to be people and the relationships you build and what you build together with another person that makes it better.”
Miss Major added, “I want things to be better for all of us. You know, transgender and non transgender people.” And as society has begun to make space for those with non-cisgender identities, the backlash has been vicious. “They’re so afraid of opening up to us,” she said.
When it comes to political candidates, she said, “As an ordinary person, you know, I’m concerned about food and gas and clothing and shit like that. And, you know, who else cares about this? I need to know the person who’s in charge cares and is going to do something to alleviate the stress on me to get it.”
By the time President Joe Biden announced his decision to step aside on July 21 — well before that pivotal moment, Tarver stressed — Miss Major and the Task Force Action Fund were ready to spring into action.
“It was quite a service act that he did for the country,” Miss Major said. “Because I really believe that he could have gone further, but he just didn’t have what it took. And so when he stepped out and made her the nominee, he invigorated, and he poured such joy to this country, and hope, and belief that it can be done, that [Trump] can be stopped.”
“As we all heard about the potential for Biden stepping down and putting aside his personal and political interests for the sake of democracy, which is a pretty historical and brave thing, we all wanted to be ready to respond to what would happen,” Task Force Action Fund Communications Director Cathy Renna told the Blade by phone.
Issuing a joint endorsement of Harris was historic for both Miss Major and the Task Force Action Fund, Renna said. “We have not endorsed anyone since Jimmy Carter, which was shortly after our founding, right? So, we’re talking about almost 50 years ago.”
“We wanted a bold choice,” she said, “and we also understand what’s at stake in this election.”
Miss Major sees the contrast between the two candidates as clear and compelling; the difference between sanity and insanity, competence and chaos. “Do you want someone who lies to you? Or do you what someone who tells the truth?”
Trump spreads filth and disorder like the character from Charles M. Schulz’s “Peanuts” comic strip who is perpetually surrounded by a cloud of dust and detritus, she said.
Harris, on the other hand, represents the future. “She’s breaking the ceiling. There’s a glass ceiling. And when she breaks through, she’s gonna go on,” Miss Major said. “And after this, something like 10s of 1000s of people are gonna go through that, too. It’s just going to be phenomenal.”
(Christopher Kane contributed to this report.)
National
LGBTQ rights on the line: What to watch as Supreme Court’s new term begins
The Supreme Court will hear cases shaping transgender sports participation and conversion therapy, with major LGBTQ rights implications.
 
														The Supreme Court’s new term begins this week, with multiple cases on the docket that could have serious consequences for the civil rights of the LGBTQ community.
Many issues are being debated this term, including the scope of civil rights protections under the Equal Protection Clause, Title IX, and the Voting Rights Act—all of which could leave LGBTQ Americans less protected.
This Supreme Court is different from years past. Its right-wing supermajority is utilizing a more activist approach to legal interpretation—siding more often with President Trump’s preferred interpretation of laws rather than a more constitutional evaluation. One Supreme Court Justice, Clarence Thomas, even went so far as to publicly state he has a problem with the way judges are restricted by past decisions, saying he is against the concept of stare decisis (or sticking to prior judges’ decisions) and that they are “not the gospel.”
There are three major cases that in some way impact—or have the possibility of impacting—the rights of LGBTQ Americans: West Virginia v. B.P.J., Little v. Hecox, and Chiles v. Salazar. The first two deal with the rights of transgender girls participating in sports. The last one, Chiles v. Salazar, centers around the legality of banning conversion therapy.
West Virginia v. B.P.J.
In West Virginia v. B.P.J., a transgender girl, known as B.P.J., takes gender-affirming medication and has since the onset of puberty. She wants to compete on her school’s cross-country and track teams. In 2021, West Virginia passed the “Save Women’s Sports Act,” which requires public school and collegiate sports teams to designate their players’ genders by “biological sex” rather than gender identity.
In this case, the Court will determine whether this act violates Title IX—a federal law prohibiting discrimination based on sex in education or any institution that receives federal funding—or the Equal Protection Clause, which prohibits unfair and unequal discrimination, by requiring B.P.J. to be on a team based on her biological sex.
As Joshua Block, senior counsel with the American Civil Liberties Union’s (ACLU) LGBT & HIV Project, explained, “In terms of the legal issues before the court, the West Virginia case presents both the Title IX issue and the equal protection issue.” He also highlighted the broader impact: “Some of the lower courts are actually holding their cases pending BPJ, the Seventh Circuit recently did that in one of their restroom cases.”
Little v. Hecox
In Little v. Hecox, the Court will similarly evaluate the legality of Idaho’s transgender sports law—the “Fairness in Women’s Sports Act,” which, since its passage in 2020, has barred any transgender girls from participating on public school-affiliated sports teams. There is specific wording in the law that says the hormones present in transgender women, regardless of their stage of transition, make them predisposed to winning and create an unfair playing field—even if transgender people take Gender-Affirming Hormone Therapy (GAHT).
Lindsay Hecox, a transgender woman and student at Boise State University, attempted to join the school’s cross-country team but was denied, with the school citing that her participation violates the law. Hecox, along with a cisgender high school athlete identified in court documents as Jane Doe, filed a suit arguing that the “Fairness in Women’s Sports Act” violated both of their constitutional rights under the Equal Protection Clause of the 14th Amendment.
Block noted during the briefing, “Lindsay, unlike BPJ, is a young woman in college, and she has not had blockers. She suppressed testosterone after puberty at the same time, as I mentioned, she was not, frankly, good enough to make the team, and has just been playing club sports.” Regarding procedural concerns, he added, “Unlike other cases where a party has sought to insulate a favorable judgment from review, we obviously think the decision below needs to be vacated because it’s moot.”
Block went on to spotlight that both West Virginia v. B.P.J. and Little v. Hecox are clearly supported by Title IX, using the Court’s decision in 2020 in Bostock v. Clayton County as the basis. In that case, the Court found that the Civil Rights Act of 1964 protects not only on the basis of sex and race, but also on sexual orientation and gender identity.
“There’s obviously an overlap on the question of whether, as a general matter, the Supreme Court’s reasoning in Bostock applies to Title IX,” Block said. “Bostock says you can’t fire someone for being transgender. I think it should go without saying that a school principal can’t expel someone for being transgender either. Despite that, the states are trying to argue that Bostock doesn’t apply to Title IX at all.”
Chiles v. Salazar
While West Virginia v. B.P.J. and Little v. Hecox examine Title IX and the Equal Protection Clause, Chiles v. Salazar evaluates the legality of a Colorado House Act banning conversion therapy under the Free Speech Clause of the First Amendment. The Free Speech Clause has five parts, but this case focuses on the right to practice the religion of one’s choosing and the provision that the state may not establish a religion. Conversion therapy is defined in this case as any practice that “changes behaviors or gender expressions or seeks to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex.”
In Chiles v. Salazar, Kaley Chiles, a licensed counselor who identifies as a Christian, has argued that HB19-1129, also known as the “Prohibit Conversion Therapy for a Minor Act,” violates her First Amendment rights. Chiles practices “faith-informed” counseling that seeks to “reduce or eliminate unwanted sexual attractions, change sexual behaviors, or grow in the experience of harmony with [their] physical body.” She brought forward a pre-enforcement lawsuit against the state, arguing that the law has made her refrain from discussing possible gender- and sexuality-related topics with her clients and has dampened her ability to provide counseling services in line with her and her clients’ religious preferences.
Josh Rovenger, the legal director at GLAD Law, an LGBTQ+ legal services and civil rights organization, explained what Chiles v. Salazar could mean for the future of LGBTQ rights in America.
“Fundamentally, what’s at stake… is whether a state like Colorado and the 23 other states, plus the District of Columbia that have similar laws have the ability to protect LGBTQ plus youth from disproven conversion therapy practices that cause lasting trauma to the individuals, their families, and entire communities.”
He went on, explaining that the scope of the law is so specific that the plaintiff’s concerns may not apply.
“The law here is really quite narrow, aimed at a very specific, specific prohibition, and a lot of the activities that the plaintiff says that she wants to engage in, as Colorado points out in its brief, just aren’t covered by the law,” Rovenger said. In addition, he added there are multiple states that have banned the practice of conversion therapy with little issue. “Multiple states which have bipartisan laws that were passed with widespread support, including support from religious communities, would potentially be invalidated as a result of that type of decision, and that would be overruling an overwhelming medical consensus about the evidence of conversion therapy practice harms.”
As GLAAD noted in a press release, “Every major medical and mental health association in the country condemns the practice and supports efforts to prevent practitioners from violating their oath to do no harm.”
The Bigger Picture
These cases, Rovenger explained, don’t collectively signal that the Supreme Court will side in one particular way, but rather that some of the justices are interested in the cases.
“The first is the fact that they took these cases only means that four justices were interested in hearing them,” Rovenger said. “It does not tell us anything about where they’re going to come out on the cases ultimately. And there was no reason for the court to take either of or any of these cases.”
Rovenger, who served as Associate Counsel to President Biden in the White House for Racial Justice & Equity, went on, emphasizing the importance of the broader political context in this legal targeting of trans kids.
“Before 2020, decisions about sports were being left to school districts and sports organizations, the people who know these issues best… And then in 2020 we saw trans issues more generally, but sports in particular, being used as a wedge issue and a weapon to further a political agenda,” he said. “Since the beginning of 2025 that has been on steroids from the federal administration, which has really targeted transgender individuals, generally, and transgender kids who just want the opportunity to play school sports for the same reason other kids do — to be part of a team where they feel like they belong.”
He continued, saying that these cases would mostly impact some of the most vulnerable LGBTQ population—LGBTQ youth.
“These cases are going to have significant implications for LGBTQ youth, for LGBTQ individuals more generally, for school environments, for the ability of states to protect LGBTQ youth from discredited medical practices. And so when we think about the day-to-day experience of LGBTQ folks in this country, particularly youth, these cases will have a direct impact on those lived experiences.”
A fourth case concerns marriage equality and a decade-old effort by former Kentucky county clerk Kim Davis to overturn the Obergefell ruling. Legal experts have called the effort a long shot. Justices will likely decide whether to hear the case later this fall.
National
Military families challenge Trump ban on trans healthcare
Three military families are suing over Trump’s directive cutting transgender healthcare from military coverage
 
														Three military families sued the Department of Defense on Monday after President Trump’s anti-transgender policies barred their transgender adolescent and adult children from accessing essential gender-affirming medical care.
The lawsuit, filed in the U.S. District Court for the District of Maryland, challenges the legality of the Trump administration’s decision to ban coverage of any transgender-related medical care under Department of Defense health insurance plans.
Under the new directive, military clinics and hospitals are prohibited from providing continuing care to transgender adolescent and adult children. It also prevents TRICARE, the military’s health insurance program, from covering the costs of gender-affirming care for both transgender youth and young adults, regardless of where that care is received.
A press release from the families’ attorney explained that the plaintiffs are proceeding under pseudonyms to protect their safety and privacy. They are represented by GLBTQ Legal Advocates & Defenders (GLAD Law), the National Center for Lesbian Rights (NCLR), Brown, Goldstein & Levy, LLP, and Keker, Van Nest & Peters LLP.
“This is a sweeping reversal of military health policy and a betrayal of military families who have sacrificed for our country,” said Sarah Austin, Staff Attorney at GLAD Law. “When a servicemember is deployed and focused on the mission they deserve to know their family is taken care of. This Administration has backtracked on that core promise and put servicemembers at risk of losing access to health care their children desperately need.”
“President Trump has illegally overstepped his authority by abruptly cutting off necessary medical care for military families,” said Shannon Minter, Legal Director at NCLR. “This lawless directive is part of a dangerous pattern of this administration ignoring legal requirements and abandoning our servicemembers.”
“President Trump’s Executive Order blocks military hospitals from giving transgender youth the care their doctors deem necessary and their parents have approved,” said Sharif Jacob, partner at Keker, Van Nest & Peters LLP. “Today we filed a lawsuit to put an end to his order, and the agency guidance implementing it.”
“This administration is unlawfully targeting military families by denying essential care to their transgender children,” said Liam Brown, an associate with Keker, Van Nest & Peters. “We will not stand by while those who serve are stripped of the ability to care for their families.”
National
Supreme Court sides with transgender boy in bathroom access fight
Plaintiff challenging SC law
 
														On Wednesday, the U.S. Supreme Court ruled that a transgender boy may use the boy’s bathroom in a South Carolina public high school while pursuing a challenge to a state law that requires students to use the bathrooms corresponding to their sex assigned at birth.
The order, which was unsigned by any of the justices, did not provide reasons for the court’s decision, but made clear that it applied only to the one student in this case. The order specifically stated that it was “not a ruling on the merits of the legal issues presented in the litigation” and was instead “based on the standards applicable for obtaining emergency relief.”
It should be noted that Justices Clarence Thomas, Samuel A. Alito Jr., and Neil M. Gorsuch filed dissents to the order, though they did not provide any explanation for their opposition.
This is not the first time the highest court in the nation has addressed trans rights in the country.
In 2020, the Supreme Court ruled in Bostock v. Clayton County that federal law prohibits anti-trans discrimination in employment. Despite this significant victory for trans rights, in June the court upheld a Tennessee law banning gender-affirming medical care for trans minors in U.S. v. Skrmetti. That ruling, which suggested the court could be used to remove protections for trans people, has contributed to increased scrutiny and the reconsideration of previous rulings favorable to trans rights, placing broader LGBTQ protections at risk.
The recent order comes as the Supreme Court prepares to hear two cases involving trans athletes and their rights to participate in sports under Title IX, the federal civil rights law that prohibits discrimination based on sex in educational programs and activities that receive federal funding. Advocates for trans rights have expressed concern that these upcoming cases could further challenge the legal landscape surrounding gender identity in schools and other public institutions.
National
Trump to honor Charlie Kirk with Medal of Freedom
Anti-LGBTQ political activist assassinated in Utah on Wednesday
 
														At a Sept. 11 remembrance ceremony at the Pentagon on Thursday, President Donald Trump announced that he will award right-wing political activist Charlie Kirk the Presidential Medal of Freedom.
Kirk was assassinated less than 24 hours earlier at Utah Valley University while speaking on conservative talking points to a crowd.
The 31-year-old conservative commentator is best known for founding Turning Point USA, a nonprofit that sought to build a robust conservative youth movement. He earned notoriety for his unwavering loyalty to Trump, his advocacy of expansive Second Amendment rights, and his opposition to LGBTQ rights. Conservatives and far-right supporters have quickly elevated Kirk to martyr status since his death.
“Before we begin, let me express the horror and grief so many Americans feel at the heinous assassination of Charlie Kirk,” Trump said. “Charlie was a giant of his generation, a champion of liberty, and an inspiration to millions and millions of people.”
As of now, there is no indication when the award ceremony will take place, although Trump said “I can only guarantee you one thing, that we will have a very big crowd.”
Many credit Kirk with helping Trump return to the White House in 2024 by mobilizing young voters — particularly young men — on behalf of the twice-impeached president.
Kirk’s stance against LGBTQ rights was a central part of his political brand.
A staunch opponent of Obergefell v. Hodges, the landmark Supreme Court ruling requiring states to recognize same-sex marriage, Kirk often used incendiary rhetoric, at times calling for the erosion of LGBTQ rights altogether.
As host of “The Charlie Kirk Show” on the Salem Radio Network, he frequently denounced transgender participation in sports, referring to trans people and their supporters as “sick.” He also suggested they should be “taken care of like how things in the 1950s and 60s” were — an allusion many critics interpreted as a reference to lobotomies, shock therapy, and forced institutionalization.
Kirk often framed his views through the lens of “Christian values.”
On his YouTube channel, he invoked biblical passages, at one point citing Leviticus 20:13 to claim that the Bible’s call for the stoning of gay men reflected “God’s perfect law.”
The Washington Blade contacted several LGBTQ advocacy organizations for comment on Trump’s decision to posthumously honor Kirk, a man widely criticized for his hostility toward the LGBTQ community. Many focused instead on condemning the violence that ended his life.
“Political violence is unacceptable and has no place in this country,” said Kelley Robinson, president of the Human Rights Campaign, in an emailed statement. “We cannot ever accept this epidemic of gun violence as normal. We cannot keep living like this.”
Kristen Browde, president of the Florida LGBTQ+ Democratic Caucus, which has 21 chapters across the state, making it one of the largest LGBTQ caucuses in the nation, echoed those sentiments while pointing to the consequences of Kirk’s rhetoric.
“Political violence, for any reason, is wrong. Gun violence, for any reason, is wrong. Spending your life, inciting violence, demonizing political opponents? Attacking those who are different? Every bit as wrong. And when violence follows such actions? One can’t be shocked. All you can do is recommit yourself to fight against it.”
According to videos — and witnesses at Utah Valley University, Kirk was shot seconds after beginning to answer a question about how many”transgender” people were responsible for “mass shootings,” where he answered “too many.”
As of Thursday evening, Kirk’s killer remained at large. The FBI has identified a person of interest in its investigation and is offering a $100,000 reward for information leading to an arrest.
Utah
Charlie Kirk shot to death at Utah university
Anti-LGBTQ figure asked about trans shooters moments earlier
 
														Charlie Kirk, a right-wing political activist, outspoken anti-LGBTQ figure, and founder of Turning Point USA, a conservative nonprofit, was shot and killed at Utah Valley University in Orem, Utah on Wednesday.
The 31-year-old was visiting the university’s Turning Point USA chapter and speaking to a large outdoor audience when he was struck in the neck by a single bullet fired from about 200 yards away. NBC reported that no suspect is in custody, despite university police previously indicating otherwise. President Trump announced Kirk’s death on social media.
Just moments before the shooting, an audience member asked Kirk, “How many transgender Americans have been mass shooters over the last 10 years?”
“Too many,” Kirk replied—seconds before being shot. Videos of the graphic incident have since gone viral online.
Kirk had long opposed LGBTQ rights and publicly opposed same-sex marriage. He frequently cited his “Christian values” as the basis for his positions, often quoting Leviticus 20:13 (“men lying with men… abomination”) as “God’s perfect law” on sexual matters.
He was also a prominent national voice in efforts to ban transgender healthcare, saying, “Donald Trump needs to run on this issue.” Kirk further proclaimed, “Pride is a sin,” and dismissed “gay corporations that hate America.”
On his YouTube show, he declared there are “only two genders” and described “transgenderism and gender ‘fluidity’ … lies that hurt people and abuse kids.” He also warned that LGBTQ efforts would not stop at marriage equality but instead aimed to “corrupt your children,” according to Media Matters for America.
Utah Valley University, established in 1941 as Central Utah Vocational School, is the state’s largest public university, with more than 46,000 students. It is located about 40 miles south of Salt Lake City.
National
Concerns for future emerge at U.S. Conference on HIV/AIDS
‘I’m done being treated like shit in the country I grew up in’
 
														More than 2,400 people, including public health experts, scientists, physicians, local government officials, and community activists, turned out for the 29th annual United States Conference on HIV/AIDS, which took place Sept. 4-7 at the Marriott Marquis Hotel in D.C.
Organized by the D.C.-based group NMAC, formerly known as the National Minority AIDS Council, the conference is considered the nation’s largest and most comprehensive gathering of experts involved in addressing the HIV/AIDS epidemic in the U.S.
NMAC spokesperson Pavni Guharoy said NMAC officials will be completing a final count of the conference participants based on registration numbers later this week, but she said the current estimated attendance was at least 2,500.
The conference included more than 100 workshop sessions that focused on a wide range of issues related to the status of the HIV/AIDS epidemic in the U.S., with a focus on the large and growing number of people living with HIV who are 50 years of age or older.
Information released at the conference shows that as of 2022, of the nearly 1.1 million people living with HIV in the U.S., approximately 54 percent were 50 years of age or older.
Many of the sessions addressed the needs, concerns and sometimes stigma faced by diverse communities of people living with HIV and those at risk for HIV, including African American, Latinx, and LGBTQ communities, both those who are aging as well as young adults.
The conference also included four plenary sessions in which all conference attendees listened to two-dozen prominent keynote speakers. Among them was former U.S. National Institutes of Health official Dr. Anthony Fauci, who pointed out that continuing advances in HIV research have led to effective medical intervention that changed AIDS from a once fatal illness to a condition in which people with HIV can live “a normal life span.”
Other keynote speakers included Earvin ‘Magic’ Johnson, the acclaimed basketball player who became an advocate for people with HIV after testing positive for HIV 33 years ago, and Dr. Rachel Levine, who made history by becoming the first out transgender person to be confirmed by the U.S. Senate in 2021as an appointee by then-President Joe Biden as a U.S. Assistant Secretary of Health.
Also speaking was Jeanne White-Ginder, the mother of Ryan White, who was diagnosed with AIDS in 1984 at the age of 13 from a blood transfusion. White-Ginder told conference attendees how Ryan faced discrimination when he was initially barred from going to his school in Indiana out of fear that he could transmit the virus to others at school.

In a moving presentation, she told how Ryan became one of the nation’s early advocates for people with HIV/AIDS up until the time of his death in 1990, one month before his high school graduation. She said then-U.S. Sen. Edward Kennedy (D-Mass.) invited her to come to Washington to help lobby for a bill Kennedy introduced and which Congress passed in her son’s honor called the Ryan White Comprehensive AIDS Resources Emergency (CARE) Act in August 1990.
“Now, today, thanks to your hard work and dedication, Ryan’s bill and your bill, too, provides treatment and support to more than half a million Americans in big cities, small towns and rural communities across the country,” she said. “It has dramatically reduced suffering. It has enabled people to live with HIV, to live long and healthy lives.”
But White-Ginder joined the many conference speakers, including Magic Johnson, in calling on attendees and the public to urge Congress to reject the dramatic cuts in funding for federal AIDS programs, including the Ryan White program, proposed by President Donald Trump and Republican congressional leaders for the Fiscal Year 2026 federal budget.
Among those calling on the AIDS community and allies to speak out against the proposed budget cuts were Paul Kawata, NMAC’s outgoing executive director and CEO, who is retiring Oct. 7, and Harold Phillips, the former director of the White House Office of National AIDS Policy during the Biden administration and current NMAC Deputy Director for Programs who was chosen to succeed Kawata as NMAC CEO.
NMAC officials, led by members of its board of directors, praised Kawata for his 36 years of service as NMAC’s leader and his dedication to the cause of service and support for people with HIV and AIDS.
Kawata reflected on his work at NMAC and his concerns over the current political climate in Washington in a sometimes-emotional farewell address at one of the conference’s plenary sessions on Sept. 5.
“I’ll be honest with you. After 36 years the thought of leaving all of you is much more difficult than I thought it was going to be,” he told the gathering. “You are my family. You are the people that I love,” he said.
“You taught me how to be a better version of me. And I am so extraordinarily grateful for everything that you have given me,” he continued. “And you will always be a part of my heart.”
Pointing to members of the NMAC staff, both current and former members in the audience, Kawata said, “NMAC is NMAC because of what you do every single day with your life. You fight to make a difference in the world. And I am honored and privileged to call you my friends.”
Without mentioning the Trump administration by name, Kawata had harsh words for what he said was happening now in the United States and its impact on people living with HIV.
“I’m not going to lie to you,” he said. “I’m done being treated like shit in the country that I grew up in. I’m done being told that I’m a second-class citizen because of who I love,” he continued. “It’s not my America anymore. And I’m worried for our future.”
He added, “We always talk about the pendulum of justice, about the arc of justice. And I really want you to know in this moment, as difficult and as awful and how hellacious it is, we are on the right side of history. We are the ones who will change the world.”

In his remarks at the conference’s closing Sept. 7 plenary session, Fauci said, “We’re in very difficult times. You don’t need me to tell you that. But we’ve got to continue to put the pressure on what we did in the ‘80s with the activist groups, to make sure we do end the epidemic.”
He noted that he was at his job as director of the U.S. National Institute of Allergies and Infectious Diseases in the early 1980s, when the AIDS epidemic first surfaced and the AIDS patients he and his colleagues cared for, had little chance of survival.
“Fast forward now, 44 years, extraordinary things have happened,” Fauci said. “We now have drugs that you are all very aware of that can have an individual living with HIV live essentially a normal life span in putting under the care and the availability of drugs,” he continued.
“We know what U equals U – something that we didn’t imagine some years ago. That undetectable equals untransmissible,” he said, referring to the current HIV medication that suppresses the HIV virus to an undetectable level that prevents an infected person from transmitting it to someone else.
“And right now, with these drugs that we have for the prevention of HIV we have what we actually hoped for years ago – and that is to end the HIV epidemic,” he said.
Dr. Rachel Levine, who during the Biden administration served in the dual role as Assistant Secretary of Health at the U.S. Department of Health and Human Services and as director of the U.S. Public Health Service Commissioned Corps, also spoke at the closing session of the conference.
She noted that she began her career as a pediatric physician in 1983 in New York City, at the time of the early stages of the AIDS epidemic. From that time through her years as Assistant Secretary of Health, Levine said she observed first-hand the skills and dedication of doctors, nurses, and others who cared for people with HIV/AIDS who she described as the HIV care workforce.

“The HIV care workforce since that time has been incredibly dedicated, with many people working for decades,” she said. “And working to end the HIV epidemic in the United States and around the world. We applaud you. You are in this room. We applaud you arduously for your dedication and for your passion.”
Levine also noted that the cuts in funding and large-scale federal worker layoffs brought about by the Trump administration have had a direct impact on the HIV care workforce.
“Many dedicated public health leaders, including most of the HIV and infectious disease team who I worked with in my office at HHS have had their positions eliminated,” she said. “These hard-working civil servants went to work every single day to support the health and wellbeing of all Americans, including those living with HIV.”
She added, “And we know that there are shortages in HIV care. And it is so critical at this challenging time that we support you, the HIV care workforce.”
Many conference attendees said Magic Johnson played a leading role in boosting morale and spirit at the 2025 U.S. Conference on HIV/AIDS by his inspirational speech at the Sept. 5 plenary session.
Upon receiving a prolonged, standing ovation after being introduced as the next speaker, Johnson said, “When I think about 33 years living with HIV in a moment that changed my life forever. And what a blessing to be here 33 years later to tell that story at a time when there was only one drug.”
Johnson added, “Wow, and they said it probably is a death sentence for myself, and I had to wrap my arms around making the toughest decision I probably had to make in my life, which was to retire from the NBA.”
Among other things, Johnson said his doctors told him that while he was physically capable of continuing to play basketball, the stress of an 80-game season could impact his immune system and lower his T-cell count.

With the support of family, friends, and his community, Johnson said he miraculously survived the early days without a known fully effective HIV drug. And at the request of community activists, he agreed to speak out as a well-known figure and a person with HIV to inform “my community,” especially people of color, he said, about how to live with HIV and how uninfected people can lower their risk.
“But what I do, I adhere to my doctor. I take my meds. I work out, and then I love life and myself,” he said.
In response to the challenge facing people with HIV under the current political situation, Johnson said, “We got to pull ourselves together and continue this fight, because it’s important and we got to keep this at the forefront. Now, HIV and AIDS kind of slipped back. We got to bring it back up.”
Among other things, he said the nonprofit foundation he helped to form has “given away over $15 million” in grants to HIV/AIDS organizations. “And we will continue to do that because of the work you are doing.”
He received another thunderous applause and standing ovation upon the completion of his speech.
Phillips, who will succeed Kawata as NMAC’s CEO on Oct. 7, told the Washington Blade he believes this year’s U.S. Conference on HIV/AIDS was “extraordinary” under difficult circumstances.

“I think so, because this year we did this without a lot of federal support,” he said. “And many of the attendees – the federal government, HRSA, the Ryan White program told them they couldn’t use their grant funds to attend the conference, which was a shame.”
Phillips added, “But I think with a crowd of over 2,400, some people found a way to be here regardless and thought that it was important, and the topic was important enough. And I think our listening sessions, our workshops, our plenaries hopefully gave them what they needed to continue to be activated to serve people living with HIV. “
“And also gave them a sense of hope, especially in these dark times that we can continue to work to end the HIV epidemic,” he said.
National
House GOP seeks to cut all U.S. HIV prevention programs in 2026
‘A disastrous bill that will reignite HIV in the United States’
 
														The Republican-controlled Appropriations Committee of the U.S. House of Representatives has released its Fiscal Year 2026 funding bill that calls for cutting funds for domestic HIV prevention, treatment, and care programs by at least $1.7 billion, which is an amount significantly greater than the AIDS budget cuts proposed by President Donald Trump.
Among other things, the bill, if passed by the full Congress, would eliminate federal funding for all HIV prevention programs in the U.S. as well as eliminate the Ending the HIV Epidemic Initiative program that Trump persuaded Congress to pass during his first term as president.
“This is not a bill for making America healthy again, but a disastrous bill that will reignite HIV in the United States,” said Carl Schmidt, executive director of the D.C. based HIV + Hepatitis Policy Institute, in a Sept. 1 statement.
“We urge Congress to reject these reckless cuts,” Schmidt says in the statement. “Eliminating all HIV prevention means the end of state and local testing and surveillance programs, educational programs, and linkage to lifesaving care and treatment, along with PrEP,” the statement continues. “It will translate into an increased number of new HIV infections, which will be costlier to treat in the long run.”
It adds, “At a time when we have the tools to prevent HIV, including new long-acting forms of PrEP, we must not abandon the bipartisan progress our nation has made in combating HIV.”
The proposed bill by the House Appropriations Committee, which has not yet taken a full committee vote on the bill, would also cut the Ryan White HIV/AIDS Care and Treatment Program by $525 million or 20 percent.
The bill would eliminate the entire $1 billion in prevention funding at the U.S. Centers for Disease Control and Prevention, including $220 million allocated to President Trump’s Ending the HIV Epidemic (EHE) initiative.
Schmidt points out that nearly 90 percent of this funding “flows to state and local health departments, including those in the South that do not have dedicated state funding and carry over half of HIV cases in the country.”
The House committee proposal supports the president’s budget proposal to eliminate $43 million in dedicated funding for hepatitis prevention at the CDC and instead proposes a $353 million block grant to states that would also include STD and tuberculosis prevention. This is $53 million more than the president proposed but still represents a combined cut of $24 million, Schmidt says in his statement.
“Instead of decreasing and diluting funding for hepatitis, if the country is serious about addressing chronic health conditions,” added Schmid, “we should be increasing funding so that people with hepatitis can be identified through testing and linked to treatment, and in the case of hepatitis C, a cure.”
The proposal by the House Appropriations Committees follows the U.S. Senate’s release earlier this year of a bipartisan FY 2026 budget bill that would maintain current funding for domestic HIV programs. If the House committee passes its proposed budget bill the budget provisions would have to be reconciled with the Senate version, and a reconciled version must then be passed by the full Congress.
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