Despite a federal judge’s order blocking the Trump administration from transferring some transgender women to men’s prisons, the Bureau of Prisons is continuing the practice, putting incarcerated trans women at serious risk, The Guardianreports.
According to civil rights attorneys, trans women not covered by ongoing litigation have been forcibly moved to men’s prisons in recent weeks. Some have had their gender markers changed in prison records before relocation. Others report being denied gender-affirming health care, subjected to pat-downs by male guards, and forced to surrender personal undergarments now considered contraband.
“I’m just continuing to be punished for existing,” Whitney, a 31-year-old trans woman recently transferred, told The Guardian before her move.
The transfers stem from Executive Order 14168, which Trump signed on his first day back in office. The sweeping directive states that the attorney general “shall ensure that males are not detained in women’s prisons or housed in women’s detention centers” and bars the use of federal funds for gender-affirming care in prisons. The order eliminates federal recognition of transgender and nonbinaryidentities and mandates that government agencies operate strictly based on one’s sex assigned at birth.
In February, Washington, D.C., U.S. District Judge Royce Lamberth issued an injunction blocking the policy for 12 plaintiffs, ruling that their forced transfer likely violated the Constitution’s prohibition on cruel and unusual punishment. However, The Guardian reports that trans women not included in the lawsuit remain vulnerable.
As The Advocate previously reported, Trump’s executive order is part of a broader effort to erase transgender people from federal policy. The order eliminates legal protections across government agencies, affecting passports, healthcare, housing, and workplace rights.
For trans prisoners, the consequences are particularly severe. The Prison Rape Elimination Act requires officials to assess inmates’ risk of sexual violence, but advocates say Trump’s order disregards these protections.
“This is incredibly unnecessary and cruel,” attorney Kara Janssen, who represents trans women in litigation, told The Guardian.
A Texas state bill could charge transgender people with “gender identity fraud,” making it illegal to identify as trans on official documents and potentially leading to jail time.
The bill, which was filed last week by Republican state Rep. Tom Oliverson, would make it a state jail felony if a person “knowingly makes a false or misleading verbal or written statement” by identifying their sex assigned at birth incorrectly to a governmental entity or to their employer. State jail felonies in Texas are punishable by up to two years in jail and a fine of up to $10,000.
Oliverson did not immediately return a request for comment. So far, the bill has no other co-sponsors, making it unlikely to pass, the Houston Chronicle reported. However, the bill is among the first of its kind nationally and is an example of how legislation targeting trans people has become more clear in its intent and more extreme in recent years, particularly in Texas.
Last month, Texas state Rep. Brent Money, a Republican, filed a bill that would make it illegal for a health care provider to treat any patient, including adults, with puberty-suppressing medication, hormone therapy or surgeries if the purpose of the treatment is to affirm the patient’s gender identity.
Money’s bill is a replica of a law enacted in 2023 that prohibits such treatments for minors. The text of the new bill shows the word “child” struck out and replaced with “person” to apply to adults. The bill would also prohibit medical institutions from receiving public funds if they provide any such treatments.
Money did not immediately return a request for comment. After filing the bill, he said on X that the measure is intended to expand the law restricting care for minors.
“I want to make it clear that my heart goes out to those struggling with gender dysphoria,” he said, referring to the medical term for the severe emotional distress caused by the misalignment between one’s gender identity and birth sex. “These individuals deserve compassion, support, and real solutions to address their pain — not irreversible procedures that leave them scarred for life. This legislation isn’t about judgment; it’s about accountability.”
He added that the bill targets doctors and “medical profiteers” who “exploit vulnerable people, pushing costly surgeries and lifetime pharmaceuticals for financial gain rather than offering genuine care.”
Multiple studies have found that access to transition-related care, including surgeries for adults, improves mental health outcomes. Last year, the National Center for Transgender Equality, which is now called Advocates for Trans Equality, released the largest nationwide survey of the trans community, with more than 90,000 respondents, and found that 94% reported that they were at least a little more satisfied with their lives.
Texas has provided a blueprint over the last decade for states that have sought to restrict trans rights, becoming in 2017 one of the first states, alongside North Carolina, to consider a “bathroom bill,” which would’ve barred trans people from using the restrooms that align with their gender identities.
The bill didn’t pass, but the state has enacted other measures targeting trans people. In March 2022, after failing to pass a bill restricting transition-related care for minors, the state’s attorney general issued a legal opinion that resulted in the Texas Department of Family and Protective Services opening child abuse investigations into parents who were suspected of having provided such care to their minor children.
The state went on to pass a transition-related care restriction, and it has also enacted a measure barring trans student athletes from playing on school sports teams that align with their gender identities, among others. Additionally, the state recently announced that an executive order signed by President Donald Trump bars it from allowing trans people to update the gender marker on their Texas birth certificates, state IDs and driver’s licenses.
The Supreme Court on Monday agreed to hear a challenge to law in Colorado that bans “conversion therapy” aimed at young people questioning their sexual orientation or gender identity. The justices took up an appeal brought by Kaley Chiles, a Christian therapist, who argued that the restriction violates her free speech rights under the Constitution’s First Amendment.
Chiles often has clients who are Christians, some of whom have questions about their sexual orientation and gender identity amid concerns that they are unable to live their lives in accordance with their faith, according to court papers.
The Supreme Court has on several occasions refused to take up challenges to similar conversion therapy bans, most recently in December 2023, when it left a law in Washington state in place. Three conservative justices said at that time they would have taken up the case.
Read the full article. Chiles is being represented by the anti-LGBTQ hate group Alliance Defending Freedom, which once petitioned the Supreme Court to keep homosexuality criminalized in the United States.
Amazon has announced it will begin streaming “The Apprentice” — the reality TV show famous for boosting Donald Trump’s profile — on its Prime Video service on Monday.
It’s the first time the show will be available on a streaming service, and the move highlights the close link between Trump’s time as a reality TV personality and his being elected president twice. The show’s executive producer, Mark Burnett, remains one of his closest allies.
Burnett, the British producer behind “The Apprentice,” as well as “Survivor” and “Shark Tank,” was appointed special envoy to the United Kingdom in December. “‘The Apprentice’ is one of the best shows that I ever produced. The charismatic onscreen presence of President Donald J. Trump made it a bona fide hit!” Burnett said in a press release.
Trump posted an article to his Truth Social account this weekend featuring a deeply troubling image: a pink triangle—the Nazi-era symbol used to identify and persecute gay men in concentration camps—covered with a red prohibited sign.
Historically, the LGBTQ+ rights movement reclaimed the pink triangle as a symbol of resistance, pride, and remembrance.
The article itself titled, “Army recruitment ads look quite different under Trump,” published by the Washington Times praises Trump and Defense Secretary Pete Hegseth for refocusing the military on “lethality” and reversing Biden-era policies that embraced diversity, including ads featuring LGBTQ+ soldiers.
Read the full article. The Washington Times is a far-right outlet founded and owned by the Unification Church – which is better known as the Moonies. Surely homocons Scott Bessent and Richard Grenell are thrilled with a no-gays symbol.
LGBTQ+ youth are experiencing bullying, discrimination, physical violence, conversion therapy, and suicidality in all 50 states, according to The Trevor Project’s 2024 U.S. National Survey on the Mental Health of LGBTQ+ Young People — though there are some regions that are worse for their well-being.
LGBTQ+ youth who live in the South were most likely to report wanting but being unable to access to mental health care, the highest rates being 63 percent in South Carolina and 60 percent in Texas. The South also had some of the highest rates of discrimination based on sexual orientation or gender identity, including 65 percent in Alabama and 66 percent in Arkansas, and some of the lowest levels of community acceptance, including 21 percent in Mississippi and 33 percent in Tennessee.
LGBTQ+ young people living in states across the Midwest reported the highest rates of suicidal thoughts and suicide attempts, including 43 percent in Ohiowho experienced suicidal thoughts, and 45 percent in Nebraska. LGBTQ+ youth in the Midwest also reported some of the highest rates of physical threat or harm based on sexual orientation or gender identity, the highest being 24 percent in Wisconsin and 28 percent in Kansas.
“Similar to previous research, these data reinforce that LGBTQ+ youth are not disproportionately impacted by suicide because of who they are, but rather, because of how they are mistreated, stigmatized, and discriminated against,” said Jaymes Black CEO of The Trevor Project. “This is an incredibly difficult time for many LGBTQ+ young people – and these findings give us critical insight into the unique challenges they face in every state. We hope lawmakers, advocates, youth-serving professionals, and allies in every corner of the country use this research to better understand and support the young people in their communities.”
In comparison, LGBTQ+ youth in the Northeast reported significantly higher levels of community acceptance, including 90 percent in Massachusetts and 81 percent in Maine. They also had relatively lower rates of suicidal thoughts and attempts, with 26 percent in Connecticut experiencing suicidal thought and 36 percent in New Hampshire.
LGBTQ+ youth in the West had some of the highest rates of affirming home environments, including 54 percent in Montana and Oregon. However, they also reported some of the highest levels of depression, with 52 percent of LGBTQ+ youth in California experiencing symptoms of depression in the past year.
“Many of these state findings are grim, and they signal serious gaps in resources and outsized mental health challenges for already marginalized youth that we simply must address,” said Ronita Nath, Vice President of Research at The Trevor Project. “However, these data also give us a clear call to action: we must all do our part to make LGBTQ+ young people feel more welcome and accepted in the places they call home.”
If you or someone you know needs mental health resources and support, please call, text, or chat with the 988 Suicide & Crisis Lifeline or visit988lifeline.org for 24/7 access to free and confidential services. Trans Lifeline, designed for transgender or gender-nonconforming people, can be reached at (877) 565-8860. The lifeline also provides resources to help with other crises, such as domestic violence situations. The Trevor Project Lifeline, for LGBTQ+ youth (ages 24 and younger), can be reached at (866) 488-7386. Users can also access chat services at TheTrevorProject.org/Help or text START to 678678.
For the National Sexual Violence Resource Center, the choice was impossible: erase mentions of transgender people from its website or risk the ire of the Trump administration, which has required that groups receiving federal funding end diversity, equity and inclusion programs and recognize only two sexes.
So the group reluctantly took down references to transgender people from its website, including mentions of services for transgender veterans and LGBTQ-focused book recommendations.
It did so just as the nation’s largest group fighting sexual violence, the Rape, Abuse & Incest National Network (RAINN), also pulled down pages referring to transgender people.
The backlash was swift. Local and national organizations that support women and sexual assault victims issued rare public criticisms of their allies, accusing them of abandoning trans victims, who face high rates of sexual violence, and urged other groups to “hold the line.”
The conflict exposed a sharp divide in the ecosystem of nonprofit groups that work to address sexual violence, many of which rely heavily on government funding to operate. Leaders of such groups say they feel pressured to choose between protecting grants they need to serve people in crisis and taking a stand for vulnerable members of their constituency.
“It’s thrown a lot of chaos into a sector that’s already — let’s face it — grossly underfunded,” said Emily Miles, executive director of the NYC Alliance Against Sexual Assault. “I can have empathy for difficult decisions organizations are having to make right now while also holding them to account for survivors who need their assistance.”
Shortly after the executive orders were signed, the Office of Management and Budget instructed the Justice Department, among other agencies, to review its programs for compliance. A spreadsheet provided by the OMB included roughly two dozen Justice Department programs that dole out more than half a billion dollars combined to combat sexual violence.
That, along with reports that the Trump administration is using keywords that include “sex,” “trauma” and “gender” to identify science grants to cut, worried many nonprofit groups.
White House deputy press secretary Harrison Fields did not address questions about how the groups were responding to the executive orders but reiterated the administration’s commitment to same-sex services for victims of sexual violence.
In recent weeks, the Justice Department’s Office on Violence Against Women has removed all grant applications and has not explained why. The department did not respond to a request for comment. “On the horizon, that’s the big question mark about what’s going to happen to those funding opportunities,” Miles said.
Yolanda Edrington, CEO of Respect Together, the umbrella organization of the National Sexual Violence Resource Center and the Pennsylvania Coalition to Advance Respect, said more than 90% of the National Sexual Violence Resource Center’s funding comes from state and federal government grants. Losing it could mean laying off staff members and not being able to provide services like legal counseling for victims.
But after it removed references to LGBTQ victims, the organization quickly reversed course, restored them and issued a public apology Feb. 20, calling it “a fear-based decision to the executive orders.”
In an interview, Edrington said the group was wrong to cave in to the administration so quickly. “We know exactly who we are and who we should represent, and we failed at that. I don’t want to mince words with that at all,” she said.
Edrington said she recently participated in a call with nearly two dozen other nonprofit anti-violence groups in which they discussed “which one of us can take the heat and be the loudest” while withstanding a potential loss of federal funding. They did not come to a decision.
Emily May, a co-founder and the president of Right To Be, a nonprofit anti-harassment organization, said her group relies on the federal government for at least 10% of its funding. It provides workplace culture training to several federal agencies and has already received word that two of them are unlikely to renew their contracts.
“Everybody is incredibly aware everything you say or do can put a target on your back, and that can be incredibly scary,” May said. “But the target is already on our back.”
Feeling that pressure, RAINN — which runs federally funded sexual assault hotlines, among other programs — removed its inclusion policy and pages expressing support for LGBTQ survivors. It also sent an email to everyone in its speakers bureau Feb. 7 saying it had unpublished victims’ stories, along with videos and social posts,in part to comply with federal guidance. The organization would be in touch with victims, it added, to see whether they “would like to update and republish” their stories.
Jennifer Simmons Kaleba, a RAINN spokeswoman, said federal agencies instructed the organization to change its website. She declined to offer specifics or identify which government offices advised it to remove LGBTQ-related content.
For Ethan Levine, an activist and member of RAINN’s speakers bureau, who is transgender, RAINN’s removal of the survivors’ stories was insulting. “I felt cast aside,” he said.He felt the group was asking him to update his story “to make it more palatable in this moment” and hoped that RAINN would follow the National Sexual Violence Resource Center’s lead and reverse its decision — or at least explain it further.
“If the biggest sexual assault organization in the U.S. is not willing to stand up, then what message does that send to smaller organizations?” he asked.
Simmons Kaleba said RAINN’s mission has not changed. “Any survivor can come to us as their authentic selves, and they’ll be safely received — so we do support every survivor of sexual assault,” she said. “That said, not everyone will support what we’ve had to do to continue our crisis services, and that’s a very reasonable reaction.”
On Feb. 20, as backlash mounted, the group sent an email saying that “RAINN stands with ALL survivors” and that it remains “steadfast in this mission,” urging supporters to sign a petition of support. It did not explain its decision to remove language from its site.
Sexual Violence Center, a Minnesota-based organization supporting rape victims, condemned RAINN in a statement last week and urged it to use its “considerable influence” to push back. The post was shared by Christian Nunes, president of the National Organization for Women, who warned the groups not to become “complicit” with the administration.
For Miles, of the NYC Alliance, RAINN’s decision to quickly comply with the Trump administration’s guidance put pressure on smaller groups to follow suit.
“Now is the time we have to show a little bravery, and we need to be banding together,” Miles said. “That’s the only way we are going to sustain this.”
References to a World War II Medal of Honor recipient, the Enola Gay aircraft that dropped an atomic bomb on Japan and the first women to pass Marine infantry training are among the tens of thousands of photos and online posts marked for deletion as the Defense Department works to purge diversity, equity and inclusion content, according to a database obtained by The Associated Press.
The database, which was confirmed by U.S. officials and published by AP, includes more than 26,000 images that have been flagged for removal across every military branch. But the eventual total could be much higher.
One official, who spoke on condition of anonymity to provide details that have not been made public, said the purge could delete as many as 100,000 images or posts in total, when considering social media pages and other websites that are also being culled for DEI content. The official said it’s not clear if the database has been finalized.
Defense Secretary Pete Hegseth had given the military until Wednesday to remove content that highlights diversity efforts in its ranks following President Donald Trump’s executive order ending those programs across the federal government.
The vast majority of the Pentagon purge targets women and minorities, including notable milestones made in the military. And it also removes a large number of posts that mention various commemorative months — such as those for Black and Hispanic people and women.
But a review of the database also underscores the confusion that has swirled among agencies about what to remove following Trump’s order.
Aircraft and fish projects are flagged
In some cases, photos seemed to be flagged for removal simply because their file included the word “gay,” including service members with that last name and an image of the B-29 aircraft Enola Gay, which dropped the first atomic bomb on Hiroshima, Japan, during World War II.
Several photos of an Army Corps of Engineers dredging project in California were marked for deletion, apparently because a local engineer in the photo had the last name Gay. And a photo of Army Corps biologists was on the list, seemingly because it mentioned they were recording data about fish — including their weight, size, hatchery and gender.
In addition, some photos of the Tuskegee Airmen, the nation’s first Black military pilots who served in a segregated WWII unit, were listed on the database, but those may likely be protected due to historical content.
Armorers and other ground personnel undergo training at Chanute Field, Ill., during World War II.U.S. Air Force via AP
The Air Force briefly removed new recruit training courses that included videos of the Tuskegee Airmen soon after Trump’s order. That drew the White House’s ire over “malicious compliance,” and the Air Force quickly reversed the removal.
Many of the images listed in the database already have been removed. Others were still visible Thursday, and it’s not clear if they will be taken down at some point or be allowed to stay, including images with historical significance such as those of the Tuskegee Airmen.
Asked about the database, Pentagon spokesman John Ullyot said in a statement, “We are pleased by the rapid compliance across the Department with the directive removing DEI content from all platforms. In the rare cases that content is removed that is out of the clearly outlined scope of the directive, we instruct components accordingly.”
He noted that Hegseth has declared that “DEI is dead” and that efforts to put one group ahead of another through DEI programs erodes camaraderie and threatens mission execution.
Some images aren’t gone
In some cases, the removal was partial. The main page in a post titled “Women’s History Month: All-female crew supports warfighters” was removed. But at least one of the photos in that collection about an all-female C-17 crew could still be accessed. A shot from the Army Corps of Engineers titled “Engineering pioneer remembered during Black History Month” was deleted.
Other photos flagged in the database but still visible Thursday included images of the World War II Women Air Service Pilots and one of U.S. Air Force Col. Jeannie Leavitt, the country’s first female fighter pilot.
Pfc. Christina Fuentes Montenegro prepares to hike to her platoon’s defensive position during patrol week of Infantry Training Battalion near Camp Geiger, N.C. Oct. 31, 2013. Sgt. Tyler Main / U.S. Marine Corps via AP
Also still visible was an image of then-Pfc. Christina Fuentes Montenegro becoming one of the first three women to graduate from the Marine Corps’ Infantry Training Battalion and an image of Marine Corps World War II Medal of Honor recipient Pfc. Harold Gonsalves.
It was unclear why some other images were removed, such as a Marine Corps photo titled “Deadlift contenders raise the bar pound by pound” or a National Guard website image called “Minnesota brothers reunite in Kuwait.”
World War II Medal of Honor recipient Pfc. Harold Gonsalves during World War II.U.S. Marine Corps via AP
Why the database?
The database of the 26,000 images was created to conform with federal archival laws, so if the services are queried in the future, they can show how they are complying with the law, the U.S. official said. But it may be difficult to ensure the content was archived because the responsibility to ensure each image was preserved was the responsibility of each individual unit.
In many cases, workers are taking screenshots of the pages marked for removal, but it would be difficult to restore them if that decision was made, according to another official, who like the others spoke on the condition of anonymity to provide additional details that were not public.
A Marine Corps official said every one of its images in the database “either has been taken down or will be taken down.” The Marines are moving on the directive as fast as possible, but as with the rest of the military, very few civilian or contractor employees at the Pentagon can perform content removal, the official said.
Staff Sgt. Krysteena Scales performs pre-flight checks before departing on a mission in a C-17 Globemaster III, March 19, 2009, at an undisclosed location in Southwest Asia.Senior Airman Andrew Satran / U.S. Air Force via AP
In the Marine Corps, just one defense civilian is available to do the work. The Marine Corps estimates that person has identified at least 10,000 images and stories for removal online, and after further review, 3,600 of those have been removed. The total does not count more than 1,600 social media sites that have not yet been addressed.
Many of those social media sites were military base or unit support groups created years ago and left idle. No one still has the administrative privileges to go in and change the content.
The Marine official said the service is going through each site and getting new administrative privileges so it can make the changes.
On Feb. 26, the Pentagon ordered all the military services to spend countless hours poring over years of website postings, photos, news articles and videos to remove any mentions that “promote diversity, equity and inclusion.”
If they couldn’t do that by Wednesday, they were told to “temporarily remove from public display” all content published during the Biden administration’s four years in office.
Germany has issued a warning that transgender and nonbinary travelers may face difficulties entering the United States under the Trump administration’s new policies. The warning, first reported by the German newspaper Rheinische Poston February 26, advises travelers to check with U.S. authorities before making their trip as the federal government moves to erase legal recognition of transgender people and restrict their ability to update official documents.
A German official confirmed to The Advocate that “transgender and nonbinary individuals traveling from Germany to the United States should contact the responsible U.S. authorities prior to travel to the U.S. to inquire about current entry regulations.” The advisory follows an executive order from President Donald Trump on the day of his inauguration on January 20, mandating that all government-issued documents, including passports, reflect only an individual’s sex assigned at birth. The state department policy instructs consular officers to flag applications where there is “reasonable suspicion” that an applicant is trans, a move critics say amounts to a ban on transgender visa holders.
The State Department, in response to The Advocate’s inquiry, defended the changes, stating that “each visa applicant is required to establish his or her credibility, identity, and purpose of travel to the satisfaction of the consular officer.” A State Department spokesperson added that consular officers “have the authority to request any information or documents necessary to establish the applicant’s identity and qualifications for the visa.”
“This includes any time there is a discrepancy in the identity documents that an applicant provides,” the spokesperson continued. “To verify an applicant’s sex at birth, the consular officer may consider documents provided by the applicant, including his or her passport or birth certificate and any others as needed.”
The spokesperson also confirmed that the State Department is no longer issuing passports with an X gender marker, following Trump’s executive order.
“We are only issuing U.S. passports with a male or female sex marker that matches the applicant’s biological sex as defined in the Executive Order,” the spokesperson said. “U.S. passports previously issued with an X marker will remain valid for travel until their expiration date.”
However, the department is allowing individuals with an X marker to apply for a replacement passport reflecting their sex assigned at birth free of charge if their X passport was issued less than one year ago. The updated policy is outlined on the State Department’s website.
Germany’s warning underscores the growing international consequences of Trump’s anti-transgender policies. While the U.S. is restricting legal gender recognition, the German official noted that the European country is moving in the opposite direction. On November 1, the country’s Self-Determination Act went into effect, making it easier than ever for transgender and nonbinary individuals to update their legal documents.
“The self-determination law makes changing your first name and gender marker easier than it has been in the past,” the German official told The Advocate. “Transgender and nonbinary persons can now change their first name and their gender marker through a notarized declaration. Through this process, they can obtain new birth certificates and ID documents reflecting their gender identity.”
German citizens — whether in Germany or abroad — can now submit their declarations at local registry offices, consulates, or embassies instead of going through a court process, according to the German Embassy. The German government strongly encourages individuals to obtain a certificate confirming their gender marker change before applying for an updated passport.
For U.S. citizens traveling to Germany, entry requirements remain unchanged. The German official said, “U.S. citizens traveling to Germany need to be in possession of a valid passport and need to have sufficient financial means for the duration of their stay, among other requirements.” The official added that “U.S. citizens traveling to Germany do not need a visa for stays under 90 days in a 180-day period. Even for long-term stays in Germany, a residence permit can be obtained directly in Germany without a visa prior to travel.”
Germany’s warning follows Trump’s sweeping executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The order eliminates federal recognition of transgender people, mandates that all government documents reflect sex assigned at birth, rescinds protections for trans individuals in federally funded institutions, and strips funding for gender-affirming health care.
Rubio’s State Department memo builds on Trump’s executive order by granting consular officers broad discretion to deny visas to transgender travelers. Immigration experts warn that this could shut out transgender people from the U.S. entirely, including those seeking asylum or attending international LGBTQ+ events like WorldPride in Washington, D.C., from May 17 until June 8.
Reports have already surfaced of transgender Americans facing delays in passport renewals, with some receiving passports with incorrect gender markers despite previous updates. There is growing concern that these policies could trap transgender Americans inside the country while blocking transgender foreigners from entering.
The U.S. State Department did not immediately respond to The Advocate’srequest for comment.
Two public school districts and several parents have sued the state in a bid to undo anti-discrimination protections for gay and transgender people in Pennsylvania, saying that the two-year-old regulation is illegal because it goes beyond what lawmakers intended or allowed.
The lawsuit, filed in the statewide Commonwealth Court late Thursday, comes amid a debate in Pennsylvania and nationally over the rights of transgender high school athletes to compete in women’s sports.
If the lawsuit is successful, the Pennsylvania Human Relations Commission would no longer be able to investigate complaints about discrimination involving sexual orientation, gender identity and gender expression. The plaintiffs’ lawyers also say a favorable ruling in court would bar transgender student athletes from competing in women’s high school sports in Pennsylvania.
The plaintiffs include two districts — South Side Area and Knoch, both in western Pennsylvania — and two Republican state lawmakers, Reps. Aaron Bernstine and Barbara Gleim, as well as three parents and seven students.
The lawsuit names Gov. Josh Shapiro, a Democrat, and the Pennsylvania Human Relations Commission, which investigates complaints about discrimination because of someone’s race, sex, religion, age or disability in housing, employment and public accommodations.
Shapiro’s office said it had no immediate comment Friday and the commission did not immediately respond to an inquiry about the lawsuit Friday.
The lawsuit is aimed at the definition of sex discrimination that the commission expanded by regulation to include sexual orientation, gender identity and gender expression.
The regulation was approved in late 2022 by a separate regulatory gatekeeper agency, and it took effect in 2023.
The plaintiffs contend that the state Supreme Court has interpreted the term “sex” as used in the Pennsylvania Constitution to mean either male or female.
They also contend that the state Legislature never gave permission to the Human Relations Commission to write regulations expanding the legal definition of sex discrimination, making the regulation a violation of the Legislature’s constitutional authority over lawmaking.
The commission has justified the expanded definition by saying that state courts have held that Pennsylvania’s anti-discrimination laws are to be interpreted consistently with federal anti-discrimination law. The commission can negotiate settlements between parties or impose civil penalties, such as back pay or damages.
For years, Democratic lawmakers tried to change the law to add the terms sexual orientation, gender identity and gender expression to the portfolio of complaints that the Human Relations Commission could investigate. Every time, Republican lawmakers blocked the effort.
