Equality Caucus Condemns Anti-Equality Provisions in FY2024 Appropriations Bills

July 25, 2023
Press Release

WASHINGTON, DC – Today, the Congressional Equality Caucus and Ranking Member of the House Appropriations Committee released the following statements condemning the more than 40 anti-equality provisions included in the fiscal year 2024 appropriations bills as the first bills advance to the House Floor for consideration this week.

"This Congress, extreme MAGA Republicans are using the appropriations process to further their radical agenda and attack the LGBTQI+ community," said Equality Caucus Chair Mark Pocan (WI-02). "Motivated by bigotry and the desire to appeal to the GOP extremist base, more than 40 anti-equality provisions across the 12 appropriations bills were passed. Last week, they went even further and cut millions of dollars in funding for member's community projects that would have tackled LGBTQI+ homelessness and housing insecurity. I condemn these discriminatory attacks and remain committed to ensuring none of these awful provisions make it into the final funding bill that becomes law."

"Instead of responsibly working to pass Appropriations bills that fund the programs and services all Americans rely on, the majority has opted to distract from the calamitous ramifications of their dangerous spending cuts by loading up must-pass legislation with indefensible riders that subject some of the most vulnerable communities to discrimination," said House Appropriations Committee Ranking Member and Equality Caucus Member Rosa L. DeLauro (CT-03). "We are appropriators. Our job is to fund the federal government. The bills our committee produces are statements of our priorities and our values as a country. To that end, the majority has shown they have no values, and no priorities, and are solely focused on how to appease their most extreme caucus members, to greenlight discrimination and impose second-class status on LGBTQ+ Americans, and to defund American workers, seniors, families, and veterans."

"License to Discriminate" Riders

  • Agriculture, Rural Development, FDA, and Related Agencies
  • Commerce, Justice, Science, and Related Agencies
  • Defense
  • Energy and Water Development, and Related Agencies
  • Financial Services and General Government
  • Homeland Security
  • Interior, Environment, and Related Agencies
  • Labor, Health and Human Services, Education, and Related Agencies
  • Legislative Branch
  • Military Construction, Veterans' Affairs, and Related Agencies
  • Transportation, Housing and Urban Development, and Related Agencies

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

Gender-Affirming Care Riders

  • Commerce, Justice, Science, and Related Agencies
  • Defense
  • Financial Services and General Government
  • Homeland Security
  • Labor, Health and Human Services, Education, and Related Agencies
  • Military Construction, Veterans' Affairs, and Related Agencies
  • State, Foreign Operations, and Related Programs

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

Note: In the State, Foreign Operations, and Related Programs bill, the language also prohibits funds for any organization that "promotes transgenderism" which ultimately cuts off any organization that recognizes, affirms, and supports the transgender community.

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.

Pride Flag Riders

  • Agriculture, Rural Development, FDA, and Related Agencies
  • Defense
  • Interior, Environment, and Related Agencies
  • Labor, Health and Human Services, Education, and Related Agencies
  • Military Construction, Veterans' Affairs, and Related Agencies
  • State, Foreign Operations, and Related Programs
  • Transportation, House and Urban Development, and Related Agencies

These riders would prohibit funds from being used to fly pride flags at covered facilities.

When anti-equality politicians attacked the Department of Veterans Affairs for voluntarily displaying Pride flags at VA facilities, the VA press secretary explained "VA facilities fly the flag as a symbol of VA's commitment to inclusion and as a tribute to the service and sacrifice of LGBTQ+ Veterans, their families, caregivers, and survivors."

DEI EO Riders

  • Agriculture, Rural Development, FDA, and Rel­­­­­­ated Agencies
  • Commerce, Justice, Science, and Related Agencies
  • Defense
  • Energy and Water Development, and Related Agencies
  • Financial Services and General Government
  • Homeland Security
  • Interior, Environment, and Related Agencies
  • Labor, Health and Human Services, Education, and Related Agencies
  • Military Construction, Veterans' Affairs, and Related Agencies
  • State, Foreign Operations, and Related Programs

President Biden has taken several steps to ensure the federal workforce is an inclusive and affirming workplace for employees with marginalized identities, including by issuing:

All of these Executive Orders are LGBTQI-inclusive. These riders would prohibit funds appropriated by the bill from being used to implement, administer, apply, enforce, or carry out these Executive Orders.

Note: In the Commerce, Justice, Science, and Related Agencies bill, language is included to cut funding for the National Resource Center for Justice-Involved LGBTQ+ and Two-Spirit Youth.

Drag Show Riders

Drag show riders included in the FY 2024 appropriations bills would:

  • Defense: Prohibits funds appropriated by the Act from being used to support events "that violate the Department of Defense Joint Ethics Regulation or bring discredit upon the military, such as a drag queen story hour for children or the use of drag queens as military recruiters."
  • State, Foreign Operations, and Related Programs: Prohibits funds appropriated by the Act from being used for drag queen workshops, performances, or documentaries.

More than 40 anti-drag bills have been introduced across the country this year, and several have been signed into law. These attacks are part of a wave of anti-LGBTQI+ legislation; more than 520 anti-equality bills have been introduced in the states this year and more than 75 have been signed into law. Proponents of drag bans have falsely accused drag queens of "grooming children" and have falsely labeled all drag shows as sexually explicit.

Additional Riders

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

State, Foreign Operations, and Related Programs:

  • A rider to defund the offices of certain Special Envoys, including the U.S. Special Envoy to Advance the Human Rights of LGBTQI+ Persons.

Labor, Health and Human Services, Education, and Related Agencies:

  • A rider to prohibit 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.
  • A rider to prohibit the Department of Health and Human Services from using funds to implement or finalize 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).
  • A rider to prohibit 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).
  • A rider to prohibit the Department of Education from using funds to implement or finalize its rule relating to Title IX and transgender students' ability to participate in team sports.
  • A rider to prohibit funds from being provided to institutions of higher education that enforce nondiscrimination policies against student religious groups that discriminate.

Commerce, Justice, Science, and Related Agencies:

  • A rider to prohibit funds from being used to investigate, litigate, or advocate against any person or recipient of federal funds for discriminating against LGBTQI+ people.
  • A rider to prohibit funds from being used to sue State or local governments over laws relating to transgender issues, or to intervene or file an amicus brief in such cases.

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