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From left: Anti-LGBTQ+ lawmakers Marjorie Taylor Greene, Tommy Tuberville, and Lauren Boebert
But Democrats and independents were able to turn back these efforts.
The Human Rights Campaign’s Congressional Scorecard for the 118th Congress is out, and it reflects both “an unprecedented onslaught of anti-LGBTQ+ legislation” and resistance from pro-equality lawmakers, HRC President Kelley Robinson says.
The scorecard, released Monday, covers the 2023-2024 session of Congress and rates every U.S. senator and representative on their support for LGBTQ+ rights or lack thereof. “Amidst the Human Rights Campaign’s first ever National State of Emergency, anti-equality Members of Congress decided to echo the anti-LGBTQ+ extremist policies pioneered in the states,” Robinson writes in the scorecard’s introduction. “The 118th Congress had an unprecedented number of anti-LGBTQ+ votes, the majority of which specifically targeted the transgender community.
“Republican leadership in the House of Representatives decided to use the annual appropriations bills and the National Defense Authorization Act to advance dozens of anti-LGBTQ+ provisions. These anti-equality measures threatened to restrict transgender health care, prohibit enforcement of civil rights protections, ban Pride flags and drag performances, eliminate diversity, equity, and inclusion programs, and allow licenses to discriminate against LGBTQ+ people. House Republican leaders largely refused to allow floor votes on amendments to strike these provisions. Fortunately, despite House Republicans’ best attempts, we have prevented more than 100 anti-LGBTQ+ riders from being signed into law, a true testament to our organizing power.” The Senate, with a slim Democratic majority, saw far fewer attacks on LGBTQ+ people.
The forces behind homophobic and transphobic legislation during the session included many of the usual suspects, all Republicans. Rep. Marjorie Taylor Greene of Georgia tried to reduce Assistant Secretary for Health Rachel Levine’s annual salary to $1, and it was clear Levine was being targeted because she is transgender. Rep. Lauren Boebert of Colorado tried to do the same with another trans official, Assistant Secretary of Defense Shawn Skelly. Rep. Chip Roy of Texas sought to keep the Defense Department from celebrating Pride Month. The full House rejected all these proposals.
The House did approve a version of the National Defense Authorization Act, a must-pass funding bill, that would have banned gender-affirming care, books about transgender people, drag performances, and Pride flags. However, after negotiations between the House and Senate, the anti-LGBTQ+ provisions were stripped from the bill.
“To an unprecedented extent, House Republican lawmakers tried to use the traditionally bipartisan, must-pass annual defense bill as a vehicle to attack LGBTQ+ service members and their families — but because of the work of champions in Congress, HRC’s supporters, and our partners in the movement, they failed,” HRC Vice President of Government Affairs David Stacy said in a statement at the time. “The public supports the ability of LGBTQ+ and trans people to live lives free from discrimination, and they have the strong support of the Biden administration and pro-equality lawmakers. Continued efforts by the anti-equality fringe to use every legislative vehicle they can to attack our communities will not succeed. We hope they learn their lesson.”
In the Senate, Republican Tommy Tuberville of Alabama proposed an amendment that would have denied federal funds to schools that allow transgender girls to participate in sports under their gender identity. It was rejected thanks to Senate Democrats and independents. Republican Sen. Roger Marshall of Kansas tried to use the defense bill to ban the display of Pride flags in public buildings, but this too was defeated.
Besides the rejection of much anti-LGBTQ+ legislation, bright spots in the federal government over the past two years included an increase in out lawmakers, judges, and ambassadors. California’s Laphonza Butler, a Democrat appointed to fill out the Senate term of the late Dianne Feinstein, was the first Black lesbian U.S. senator. Butler, who is not running in this year’s election, joined Sen. Tammy Baldwin of Wisconsin, a lesbian and a Democrat, and Sen. Kyrsten Sinema of Arizona, a bisexual woman and former Democrat, now an independent, to make a record number of out U.S. senators. Sinema, who has taken some conservative positions, also is not running this year, but Baldwin is seeking reelection.
Nicole Berner, a lesbian, was confirmed by the Senate as a judge on the U.S. Court of Appeals for the Fourth Circuit. She is the first out LGBTQ+ judge on the Fourth Circuit and the third woman from the LGBTQ+ community to serve on any federal appeals court.
Allies who won Senate confirmation included Kalpana Kotagal, named as a commissioner of the U.S. Equal Employment Opportunity Commission, and Stephanie Sanders Sullivan, confirmed as ambassador to the African Union “after withstanding attacks from extremists for her support of global LGBTQ+ rights,” HRC notes.
“The American people deserve leaders who rise above divide and conquer politics and keep the country moving forward,” Robinson said in a press release announcing the scorecard. “However, even in the face of government shutdowns, House Republican leadership served up an unprecedented onslaught of anti-LGBTQ+ legislation as they attempt to turn back the progress our country has made toward full equality for LGBTQ+ people. But we showed up and fought back. Alongside HRC and the LGBTQ+ community, pro-equality champions in Washington stood firm and kept attacks on our health care and our fundamental freedoms from passing. From the confirmation of historic openly LGBTQ+ officials, judges, and ambassadors to the fight for voting rights and reproductive freedom, pro-equality lawmakers made their values clear this Congress. Leadership matters; and we are proud to stand with the Members of Congress who fought back against anti-LGBTQ+ attacks and worked to advance freedom and equality for all.”
