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Equality Caucus Condemns the 50+ Anti-LGBTQI+ Provisions in the FY25 Appropriations Bills

July 22, 2024

­­­WASHINGTON, DC — Following the final House Appropriations Committee markups of the fiscal year 2025 (FY25) funding bills, the Congressional Equality Caucus and the Ranking Member of the House Appropriations Committee condemned the more than 50 anti-equality provisions included among the 12 bills:

“Throughout the 118th Congress, Republicans have used their House majority to attack the queer community and advance a radical, anti-equality agenda,” said Rep. Mark Pocan (WI-02), Chair of the Congressional Equality Caucus. “Instead of working in a bipartisan manner to fund the government, the House GOP is wasting everyone’s time by passing hyper-partisan bills—motivated by Republicans’ incessant desire to appeal to the most extreme members of their base—that have no chance of becoming law. The 197 members of the Equality Caucus stand opposed to their hateful agenda and remain committed to weeding out the more than fifty anti-LGBTQI+ policy riders in the Republicans’ government funding bills.”


“While House Democrats side with hardworking Americans and build safer communities, House Republicans spread hate and take every opportunity to create an open season for discrimination against LGBTQI+ people,” said Rep. Rosa DeLauro (CT-03), Ranking Member of the House Appropriations Committee. “House Republicans are committed to the same path they dragged America down last year by filling their 2025 funding bills with extreme, harmful policies that only create chaos and spread hate. They are also cutting the critical programs and services that the LGBTQI+ community depends on to secure and remain in affordable housing, find a good-paying job, and access critical health services. Last year, we successfully defeated many of the Republicans’ dangerous cuts and extreme policies from the final 2024 funding bills, and we will do the same this year. Instead of wasting time catering to the most extreme members of their party, House Republicans should join Democrats in supporting the programs hardworking people depend on by writing funding bills that unite America and have a chance of becoming law.”



BACKGROUND

House Republicans have included more than 50 anti-LGBTQI+ provisions in their appropriations bills for FY25. The anti-LGBTQI+ riders do the following:


Create a “License to Discriminate” Against the LGBTQI+ Community

These riders create a license for people and organizations—including those receiving taxpayer funds—to discriminate against LGBTQI+ people under the guise of religious liberty, and it prevents the federal government from adequately responding. For example, it prohibits the federal government from reducing or terminating a federal contract or grant with an organization that discriminates against LGBTQI+ people if the organization justifies its discrimination based on the belief that marriage should only be between a man and a woman. It similarly prohibits the federal government from reducing or terminating the employment of an employee who discriminates against LGBTQI+ people if the employee justifies their discrimination based on the belief that marriage should only be between a man and a woman.


These riders are in every FY25 appropriations bill:

  • Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2025 (Sec. 758)
  • Commerce, Justice, Science, and Related Agencies Appropriations Act, 2025 (Sec. 583)
  • Department of Defense Appropriations Act, 2025 (Sec. 8145)
  • Department of Homeland Security Appropriations Act, 2025 (Sec. 547)
  • Department of State, Foreign Operations, and Related Programs Appropriations Act, 2025 (Sec. 7070(h))
  • Department of the Interior, Environment, and Related Agencies Appropriations Act, 2025 (Sec. 447)
  • Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Act, 2025 (Sec. 530)
  • Energy and Water Development and Related Agencies Appropriations Act, 2025 (Sec. 507)
  • Financial Services and General Government Appropriations Act, 2025 (Sec. 641)
  • Legislative Branch Appropriations Act, 2025 (Sec. 213)
  • Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2025 (Sec. 416)
  • Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2025 (Sec. 425)


Ban Medically Necessary, Evidence-Based Care for Transgender People

These riders restrict access to gender-affirming care or limit funding to organizations that provide gender-affirming care.


Access to gender-affirming care is critical, medically necessary, and often lifesaving. Gender-affirming care takes many forms and is tailored to the age and unique needs of the individual in consultation with medical doctors, mental health professionals, and—in the case of youth seeking care—parents. While not all transgender people access this care, many do over the course of their lifetimes.


Every major medical and mental health association in the U.S., representing more than 1.3 million U.S. doctors, supports age-appropriate gender-affirming care for transgender people. This includes the American Medical Association, American Academy of Pediatrics, American Psychological Association, American Psychiatric Association, American Academy of Child and Adolescent Psychiatry, and the Endocrine Society, among other organizations.

These riders are in half of the FY25 appropriations bills:

  • Commerce, Justice, Science, and Related Agencies Appropriations Act, 2025 (Sec. 578)
  • Department of Defense Appropriations Act, 2025 (Sec. 8144 and Sec. 8153)
  • Department of Homeland Security Appropriations Act, 2025 (Sec. 227)
  • Department of State, Foreign Operations, and Related Programs Appropriations Act, 2025 (Sec. 7070(d))*
  • Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Act, 2025 (Sec. 247)
  • Military Construction, Veterans’ Affairs, and Related Agencies Appropriations Act, 2025 (Sec. 256)

*​​​​Note: In this specific rider, the language also prohibits funds for any organization that "promotes transgenderism" which would prohibit funds for any organization that recognizes, affirms, and supports the transgender community.
​​​​​​​
Ban Pride Flags

These riders prohibit funds appropriated from being used to fly or display the pride flag over covered facilities. Some bills additionally ban the display of the Pride flag inside buildings as well.


These riders exist in the following FY25 appropriations bills:

  • Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2025 (Sec. 753)
  • Department of State, Foreign Operations, and Related Programs Appropriations Act, 2025 (Sec. 7070(e))
  • Department of the Interior, Environment, and Related Agencies Appropriations Act, 2025 (Sec. 446)
  • Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Act, 2025 (Sec. 531)
  • Energy and Water Development and Related Agencies Appropriations Act, 2025 (Sec. 510)
  • Financial Services and General Government Appropriations Act, 2025 (Sec. 644)
  • Military Construction, Veterans’ Affairs, and Related Agencies Appropriations Act, 2025 (Sec. 257)
  • Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2025 (Sec. 426)


Block LGBTQI-inclusive Executive Orders

These riders prohibit funds appropriated by the bills from being used to implement, administer, apply, enforce, or carry out:

All of these Executive Orders are LGBTQI-inclusive.

These riders exist in nearly every FY25 appropriations bill:

  • Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2025 (Sec. 755)
  • Commerce, Justice, Science, and Related Agencies Appropriations Act, 2025 (Sec. 553)
  • Department of Defense Appropriations Act, 2025 (Sec. 8155)
  • Department of Homeland Security Appropriations Act, 2025 (Sec. 546)
  • Department of State, Foreign Operations, and Related Programs Appropriations Act, 2025 (Sec. 7070(c))
  • Department of the Interior, Environment, and Related Agencies Appropriations Act, 2025 (Sec. 443)
  • Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Act, 2025 (Sec. 533)
  • Energy and Water Development and Related Agencies Appropriations Act, 2025 (Sec. 506)
  • Financial Services and General Government Appropriations Act, 2025 (Sec. 638)
  • Military Construction, Veterans’ Affairs, and Related Agencies Appropriations Act, 2025 (Sec. 414)
  • Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2025 (Sec. 423)


Ban Drag Shows

These provisions ban funds from being used to promote, host, facilitate or support drag shows.


These riders exist in the following FY2025 appropriations bills:

  • Department of Defense Appropriations Act, 2025 (Sec. 8152)
  • Department of State, Foreign Operations, and Related Programs Appropriations Act, 2025 (Sec. 7070(a))


Additional Riders

In addition to the riders listed above, several bills have additional anti-LGBTQI+ riders, including but not limited to:


Department of State, Foreign Operations, and Related Programs Appropriations Act, 2025

  • Sec. 7064(c)(4): Prohibits funding for the office of the U.S. Special Envoy to Advance the Human Rights of LGBTQI+ Persons unless authorized or confirmed.

Commerce, Justice, Science, and Related Agencies Appropriations Act, 2025

  • Sec. 565: Prohibits enforcement of Title IX’s protections for gender identity
  • Sec. 581: Prohibits the federal government from advocating for the rights of transgender people by preventing DOJ from suing state or local governments over any law relating to limiting transgender medical procedures, single-sex sports, and single-sex facilities
  • Sec. 606: Prohibits the Bureau of Prisons from assigning transgender inmates to facilities that match their gender identity
  • Sec. 616: Prohibits implementation of EEOC Workplace Harassment Guidance, which includes provisions relating to unlawful harassment of LGBTQ+ workers

Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Act, 2025

  • Sec. 246: Prohibits funds from being used to implement, administer, or enforce Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation
  • Sec. 248: Prohibits the Department of Health and Human Services from using funds to implement its rule clarifying that Section 1557 of the Affordable Care Act prohibits discrimination on the basis of sexual orientation, gender identity, and sex characteristics (among other provisions)
  • Sec. 249: Blocks implementation of a rule by the Administration for Children and Families that clarifies all foster care placements must be safe and appropriate for all children—including LGBTQI+ children—and free from harassment, mistreatment, and abuse, including in relation to a foster child’s sexual orientation or gender identity
  • Sec. 312: Prohibits federal funds from going to educational institutions that allow trans girls to participate on girls and women’s sports teams
  • Sec. 313: Prohibits the Department of Education from using funds to implement or finalize its rule clarifying that Title IX prohibits discrimination on the basis of sexual orientation, gender identity, and sex characteristics (among other provisions); its proposed rule making clear that categorical bans on transgender youth participating in sports consistent with their gender identity are a violation of Title IX; and its notice of interpretation that the Department will be interpreting Title IX, consistent with Bostock v. Clayton County, to prohibit sexual orientation and gender identity discrimination
  • Sec. 314: Prohibits funds from being provided to institutions of higher education that enforce nondiscrimination policies against student religious groups that discriminate